Child Representation In America: Progress Report From The National Quality Improvement Center,
2012
University of Michigan Law School
Child Representation In America: Progress Report From The National Quality Improvement Center, Donald N. Duquette, Julian Darwall
Articles
Few dispute that children in the child welfare system need effective representation. In October 2009, the U.S. Children's Bureau named the University of Michigan Law School the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). The QIC-ChildRep is a five-year, multimillion dollar project, charged with gathering, developing, and communicating knowledge on child representation. In addition, the QIC-ChildRep is tasked with promoting a consensus on the role of the child's legal representative and providing one of the first random assignment experimental design research projects on the legal representation of children.
The Curious Relationship Of Marriage And Freedom,
2012
Columbia Law School
The Curious Relationship Of Marriage And Freedom, Katherine M. Franke
Faculty Scholarship
Marriage is surely at a crossroad, as the chapters in this volume so richly attest. In fact, marriage may be at more than one crossroad, some pointing toward new, uncharted terrain, others amounting to intersections we have visited before. My principal interest in exploring this dynamic moment in the evolution of the institution of marriage is to better understand why and how today's marriage equality movement for same-sex couples might benefit from lessons learned by African Americans when they too were allowed to marry for the first time in the immediate post–Civil War era. I find it curious that the …
Why Marriage?,
2012
Columbia Law School
Why Marriage?, Suzanne B. Goldberg
Faculty Scholarship
In a well-known New Yorker cartoon, a man and a woman sit together on a couch, clearly in the midst of a conversation about marriage for gay and lesbian couples. “Haven't they suffered enough?” one of them asks. Although the cartoon characters jest, the question of why gay people are fighting so hard for the right to marry is a serious one. After all, marriage rates have been dropping steadily in the United States and in much of the world, and divorce rates remain high. Why, then, are lesbians and gay men fighting so hard to join an institution that …
How (Not) To Talk About Abortion,
2012
University of Richmond
How (Not) To Talk About Abortion, Meredith Johnson Harbach
Law Faculty Publications
In this essay, I aim to have a conversation about how we converse- how we talk-about abortion and related issues. In the process, I want to consider how we might come together to discover issues of shared commitment and values and transform the existing abortion debate. I begin with a review of some of the more notable abortion-related rhetoric during the 2012 Virginia General Assembly, and contrast that rhetoric with the discourse in my classroom. I then consider whether and how we might move forward together toward a more meaningful and productive dialogue on these issues.
Integrating Humanities Into Family Law And The Problem With Truths Universally Acknowledged,
2012
Columbia Law School
Integrating Humanities Into Family Law And The Problem With Truths Universally Acknowledged, Carol Sanger
Faculty Scholarship
Family Law differs from the other subjects under discussion today in at least two respects. As a matter of curricular location, it is not always considered a core course. I am therefore grateful for Melissa Murray’s public recognition of the “coreness” of Family Law within a legal education. Second, if one purpose of integrating humanities into the core curriculum is to humanize the law, it is probably safe to say that Family Law is already humanized enough. The subject comes fully loaded with all too human conflict and suffering: cruelty, anger, sex, disappointed expectations, and all of these play out …
What’S Love Got To Do With It: Securing Access To Justice For Abused Teens,
2012
The Catholic University of America, Columbus School of Law
What’S Love Got To Do With It: Securing Access To Justice For Abused Teens, Lisa Vollendorf Martin
Catholic University Law Review
No abstract provided.
Anonymously Provided Sperm And The Constitution,
2012
Mitchell Hamline School of Law
Anonymously Provided Sperm And The Constitution, Mary P. Byrn, Rebecca Ireland
Faculty Scholarship
Obtaining sperm to use in Assisted Reproductive Technology (ART) is relatively simple. Hospitals, clinics, and sperm banks throughout the United States are in the business of selling sperm from literally thousands of men. Once a man is approved to provide sperm, he contracts with the sperm bank to supply sperm for a specified period of time and designates himself as either an anonymous or open-identity sperm provider. When a man chooses to provide his sperm anonymously, both the sperm provider and intended parents agree to complete anonymity – that is, the sperm provider can never know the parents or any …
Standards For Health Care Decision-Making: Legal And Practical Considerations,
2012
Mitchell Hamline School of Law
Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton
Faculty Scholarship
This Article explores the guardian’s role in making, or assisting the ward to make, health care decisions, and provides an overview of existing standards and tools that offer guidance in this area. Part II outlines briefly the legal decisions and statutory developments assuring patient autonomy in medical treatment, and shows how these legal texts apply to and structure the guardian’s role as health care decision-maker. Part III examines the range of legal and practical approaches to such matters as decision-making standards, determining the ward’s likely treatment preferences, and resolving conflicts between guardians and health care agents appointed by the ward. …
The Lawmaking Family,
2012
Elisabeth Haub School of Law at Pace University
The Lawmaking Family, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
Increasingly there are conflicts over families trying to "opt out" of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right to direct the upbringing of children was more robust before it was constitutionalized by the Supreme Court in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). In …
The Revolution In Family Law Dispute Resolution,
2012
University of Missouri School of Law
The Revolution In Family Law Dispute Resolution, John M. Lande
Faculty Publications
This article surveys a wide range of procedures that divorcing parties now use, including self-representation. Lawyers sometimes provide “unbundled” legal services to help parties who want to divide responsibilities for legal tasks between themselves and their lawyers. Parties often use mediation, arbitration, and private judging. Norms for lawyers’ professional roles have emphasized the importance of cooperation and some lawyers offer “planned early negotiation” processes such as Collaborative and Cooperative Law. Family courts engage in a wide range of activities beyond traditional litigation and adjudication. Many courts manage or mandate parent education and services related to domestic violence. Courts regularly appoint …
Wedlocked,
2012
Mitchell Hamline School of Law
Wedlocked, Mary P. Byrn, Morgan L. Holcomb
Faculty Scholarship
For as long as marriage has existed in the United States, divorce has been its necessary opposite. So strong is the need for divorce that the Supreme Court has suggested it is a fundamental right, and every state in the country allows access to no-fault divorce. For opposite-sex couples, legally ending their marriage is possible as a matter of right. For married same-sex couples, however, state DoMAs (Defense of Marriage Acts) have been a stumbling block – preventing access to divorce in some states. Same-sex couples in numerous states are being told by attorneys and judges that they cannot terminate …
Creating New Stories, Creating New Lives: Applying Narrative Therapy To Survivors Of Human Sex Trafficking,
2012
University of Nevada, Las Vegas
Creating New Stories, Creating New Lives: Applying Narrative Therapy To Survivors Of Human Sex Trafficking, Paige Espinosa
McNair Poster Presentations
The effects of trauma experienced by survivors of sexual human trafficking has been an under-researched topic in the psychological community. This study will review the current literature on the psychological and emotional implications associated with human sex trafficking, and analyze the components of narrative therapy and its previous application in treating domestic abuse trauma. This paper will explore the viability of narrative therapy as a method to treat the complicated traumas and stress developed as a victim of sexual trafficking. The ultimate goal of this literature analysis is to propose a study that utilizes narrative therapy as an approach that …
Ozzie & Harriet Are Perfect Candidates To Adopt, But Ozzie & Harry Are Barred: Boseman V. Jarrell & The Effects Of Prohibition On Second Parent Adoptions,
2012
Seton Hall Law
Ozzie & Harriet Are Perfect Candidates To Adopt, But Ozzie & Harry Are Barred: Boseman V. Jarrell & The Effects Of Prohibition On Second Parent Adoptions, Amanda Von Schmid
Student Works
No abstract provided.
Balancing The Adoptive Triangle: The Need To Protect Biological Parents’ Privacy Rights,
2012
Seton Hall Law
Balancing The Adoptive Triangle: The Need To Protect Biological Parents’ Privacy Rights, Adrienne Fleming
Student Works
No abstract provided.
Unsex Mothering: Toward A New Culture Of Parenting,
2012
Elisabeth Haub School of Law at Pace University
Unsex Mothering: Toward A New Culture Of Parenting, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
In this Article, I observe that “mothering” and “fathering” have been inappropriately tethered to biosex. “Mothering” should be unsexed as the primary parental relationship. “Fathering,” correspondingly, should be unsexed from its breadwinner status. In an ideal world, people now considered “mothers” and “fathers” would be “parents” first, a category that includes all forms of caretaking. One could even imagine an androgynous world in which parenting has no sexed subcategories, whether attached to biosex or not. I doubt our world is anywhere near that; I also wonder whether universal androgyny is a utopian ideal worth pursuing. I instead focus in this …
Work, Family, And Discrimination At The Bottom Of The Ladder,
2012
University of Florida Levin College of Law
Work, Family, And Discrimination At The Bottom Of The Ladder, Stephanie Bornstein
UF Law Faculty Publications
With limited financial resources, few social supports, and high family caregiving demands, low-wage workers go off to work each day to jobs that offer low pay, few days off, and little flexibility or schedule stability. It should come as no surprise, then, that workers' family lives conflict with their jobs. What is surprising is the response at work when they do. This Article provides a survey of lawsuits brought by low-wage workers against their employers when they were unfairly penalized at work because of their caregiving responsibilities at home. The Article reflects a review of cases brought by low-wage hourly …
Owning Laura Silsby’S Shame: How The Haitian Child Trafficking Scheme Embodies The Western Disregard For The Integrity Of Poor Families,
2012
University of Florida Levin College of Law
Owning Laura Silsby’S Shame: How The Haitian Child Trafficking Scheme Embodies The Western Disregard For The Integrity Of Poor Families, Shani M. King
UF Law Faculty Publications
Using the Laura Silsby Haitian adoption case as a window into child placement schemes that affect poor families, this Article proceeds in four parts. Part I tells the story of the Silsby case and shows how the idea of rescuing poor Haitian children became the narrative that ultimately excused Silsby’s decision to move Haitian children who were not orphans across the border to the Dominican Republic. Part II describes the development of intercountry adoption (ICA) as a means of “saving” poor children and explains how the strength of this rescue narrative feeds illicit child trafficking schemes. Part II also explores …
The Connection Between Permanency And Education In Child Welfare Policy,
2012
University of Miami School of Law
The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart
Articles
No abstract provided.
Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden,
2012
Hampshire College
Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson
Indiana Journal of Global Legal Studies
This article explores the role of transnational adoption in the production of a multicultural but Swedish national body during the second half of the twentieth and the first decade of the twenty-first century, when Sweden became a multiethnic, multicultural, and racially divided country. I examine the development of international adoption policies in the 1970s, 1980s, and 1990s, emphasizing the erasure of the child's connection to a preadoptive past, even as the child's cultural difference was celebrated in adopting nations. In Sweden, which in the late 1970s and early 1980s had the world's highest adoption ratio (number of transnational adoptions per …
Theorizing History: Separate Spheres, The Public/Private Binary And A New Analytic For Family Law History,
2012
University of Florida Levin College of Law
Theorizing History: Separate Spheres, The Public/Private Binary And A New Analytic For Family Law History, Danaya C. Wright
UF Law Faculty Publications
There is an extensive scholarship on separate spheres, the public/private binary, and family history that reveals a nuanced understanding of the interconnections and constructedness of these metaphors and rubrics traditionally used in family law history. In exploring the current understandings and limitations of these subjects as analytics for doing my own history of English family law, I turn to Michelle Zimbalist Rosaldo’s critique that we limit our subjects and reinforce power differentials when we use a lens of difference in our scholarship. I first explore the lessons learned about the enduring nature of separate spheres and the power imbalances of …
