Creating A Strong Legal Preference For Kinship Care,
2022
Columbia Law School
Creating A Strong Legal Preference For Kinship Care, Joshua Gupta-Kagan
Faculty Scholarship
One new to our field would be forgiven for thinking that the law must favor placing foster children with kin rather than with strangers. After all, individuals and organizations from across the ideological spectrum endorse kinship care, government publications describe kinship care as “the preferred resource” for placing children who cannot live at home with a parent and, after steady increases over multiple decades, authorities now place more than one-third of all foster children with kin. And decades of evidence establish that kinship care is generally more stable and serves children’s health and well-being better than living with strangers, a …
The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services,
2022
William & Mary Law School
The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer
Faculty Publications
Most people are unaware how much public policy is either lacking in any empirical-research support or driven by bad research. Political actors motivated by ideology or donor/constituent demands propose new government practices—in areas ranging from policing to funding of treatments for gender dysphoria in youth to welfare-qualification rules—that will greatly impact people’s lives, and if anyone asks what basis they have for thinking the impact will be good, they can readily find some study to support their case. Especially when powerless populations are put at risk, neither the legislative process nor peer review in the publication process provides a real …
Commercial Surrogacy: Building Families Outside Of Family Law,
2022
UC Law SF
Commercial Surrogacy: Building Families Outside Of Family Law, Sylvie Armstrong
UC Law SF Journal on Gender and Justice
Assisted Reproductive Technology continues to grow in popularity. Commercial surrogacy has proved no exception to this trend. However, lack of regulation at the international, federal, and state levels has given rise to a myriad of ethical and legal problems. This article considers the taxonomical question that any regulator must ask: Which field of law ought to be responsible for regulating this industry? It argues that although commercial surrogacy is often discussed as part of the family law rubric, on closer inspection, family law is fundamentally ill-suited to meet the needs of those involved in commercial surrogacy. By demonstrating the challenges …
Reforming Singapore’S Law On Division Of Matrimonial Assets,
2022
Singapore Management University
Reforming Singapore’S Law On Division Of Matrimonial Assets, Jia En Teo
Singapore Law Journal (Lexicon)
Section 46(1) of the Women’s Charter undergirds the sacrosanct institution that is marriage – it lays out its moral basis and expresses society’s hopes and expectations of the ideal marital relationship: marriage is an equal cooperative partnership of different efforts for mutual benefit. It is thus no surprise that even when a marriage is terminated, the division of matrimonial assets is also founded upon this prevailing ideology. However, as opposed to equal division, Singapore law dictates a “just and equitable” division of matrimonial assets, where wide discretion and power is vested in the judiciary. This legal rule has been criticised …
The Boundaries Of Multi-Parentage,
2022
University of Maine School of Law
The Boundaries Of Multi-Parentage, Jessica Feinberg
Faculty Publications
Multi-parentage has arrived. In recent years, a growing number of courts and legislatures have recognized that a child may have more than two legal parents. A number of significant societal, medical, and legal developments have contributed to the trend toward multi-parentage recognition. The traditional family structure of a married different-sex couple and their biological children currently represents only a minority of U.S. families. Stepparents, non-marital partners of legal parents, and extended family members often play a significant role in children’s lives, and it has become increasingly common for same-sex couples to welcome children into their families. In addition, advancements in …
Weaponizing Fear,
2022
Brooklyn Law School
Survived & Coerced: Epistemic Injustice In The Family Regulation System,
2022
Brooklyn Law School
Survived & Coerced: Epistemic Injustice In The Family Regulation System, Lisa S. Washington
Faculty Scholarship
No abstract provided.
Chief Justice Max Baer’S Family Law Opinions (2004-2022),
2022
Duquesne University
Chief Justice Max Baer’S Family Law Opinions (2004-2022), Joel Fishman
Law Faculty Publications
Chief Justice Baer has a long history of family law adjudications beginning in 1990, as a judge, then administrative judge, in the Court of Common Pleas of Allegheny County Court, Family Division. Between 1990 and 1999 he served in the Family Division, then the Civil Division until 2004, when C.J. Baer was elected to the Supreme Court of Pennsylvania. C.J. Baer garnered statewide and national recognition for his advocacy, diligence, and effective work in the area of juvenile justice.
Adopting Social Media In Family And Adoption Law,
2022
University of Florida Levin College of Law
Adopting Social Media In Family And Adoption Law, Stacey B. Steinberg, Meredith Burgess, Karla Herrera
UF Law Faculty Publications
Social media has dramatically changed the landscape facing families brought together through adoption. Just as adoptive families thirty years ago could not have predicted the impact of DNA technology on post-adoption family life, adoptive families are only now beginning to grasp the impact of social media connectivity on the lives of their growing children. This change is both related to social media’s impact on family life and fundamental shifts in our understandings about privacy more generally. Understanding the legal rights of parents and children in these circumstances is both a novel and underexplored issue for family law, constitutional law, and …
Book Review: Parental Guidance, State Responsibility And Evolving Capacities: Article 5 Of The United Nations Convention On The Rights Of The Child,
2022
University of Florida Levin College of Law
Book Review: Parental Guidance, State Responsibility And Evolving Capacities: Article 5 Of The United Nations Convention On The Rights Of The Child, Nancy Dowd
UF Law Faculty Publications
The latest book from the United Nations Convention on the Rights of the Child Implementation Project focuses on Article 5 of the convention, which provides: States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.
Judicial Workbook On Bill C-92 — An Act Respecting First Nations, Inuit And Métis Children, Youth And Families,
2022
Associate Professor, University of Alberta Faculty of Law, Co-Lead, Wahkohtowin Law and Governance Lodge
Judicial Workbook On Bill C-92 — An Act Respecting First Nations, Inuit And Métis Children, Youth And Families, Hadley Friedland, Naiomi Metallic, Koren Lightning-Earle
Articles, Book Chapters, & Popular Press
Objective: Based on the purpose, history, textual wording and relevant interpretative principles, these are the approaches to the provisions of the Act that we believe will best achieve its purpose, which Canada has identified as “to protect and ensure the well-being of Indigenous children, families and communities by promoting culturally sensitive child welfare services, with the goal of putting an end to the overrepresentation of Indigenous children in child and family services systems."
A Gender-Based Approach To Historical Child Support: Comment On Colucci V Colucci,
2022
Dalhousie University Schulich School of Law
A Gender-Based Approach To Historical Child Support: Comment On Colucci V Colucci, Jodi Lazare, Kelsey Warr
Articles, Book Chapters, & Popular Press
In June 2021 the Supreme Court of Canada (the “Court”) released Colucci v Colucci, its second decision in twelve months dealing with the complex subject of historical (commonly referred to as retroactive) child support. The case worked a significant shift in the law, arguably the first major revision to the law since the Court’s initial consideration of historical child support in DBS, in 2006. This comment suggests that Colucci represents a new understanding of the way that claims for historical child support should be considered in Canadian family law. The comment argues that in changing the applicable framework, …
Did Anyone Ask The Child?: Recognizing Foster Children’S Rights To Make Mature Decisions Through Child-Centered Representation,
2022
Emory University School of Law
Did Anyone Ask The Child?: Recognizing Foster Children’S Rights To Make Mature Decisions Through Child-Centered Representation, Katie Chilton
Emory Law Journal
A child placed in foster care finds themselves in an especially vulnerable position. Removed from their homes, apart from family, and living with strangers, a foster child’s voice often gets lost in the shuffle. While the Supreme Court has recognized some constitutional rights for children, legislators and judges tread lightly when expanding children’s rights for fear of infringing upon parents’ fundamental rights to determine the care and upbringing of their children. This situation creates a unique disadvantage for a child in foster care who is subject to the trauma of removal, placement in a temporary home of strangers, outside the …
Conceptualizing Attorney Motivation: A Study Of The Representatives For Parents And Children In The Child Welfare System,
2022
University of Kentucky
Conceptualizing Attorney Motivation: A Study Of The Representatives For Parents And Children In The Child Welfare System, Shannon Moody
Theses and Dissertations--Social Work
Background. Attorneys who represent parents and children in dependency, neglect, and abuse (DNA) proceedings are key in influencing the outcomes of the cases they carry. These influences include the length of time a child spends in the custody of the state or the necessity for foster care, visitation with family members, length of time to reunification, and recommended services for the child and parents (Courtney & Hook, 2012; Goldman, 1993; Thornton & Gwin, 2012; Zinn & Peters, 2015). The American Bar Association’s analysis is that there are “four constants: high caseloads, low compensation, inadequate training, and lack of supervision” …
Including Unmarried Women In The Homestead Act Of 1862,
2022
University of South Dakota School of Law
Including Unmarried Women In The Homestead Act Of 1862, Hannah Haksgaard
Faculty Publications
When Congress passed the Homestead Act of 1862, it decided to distribute land to single, unmarried women. Most Congressional members who supported including unmarried women did so because women were a necessary part of empire building—women were expected to marry, bear children, and engage in building permanent communities. Few Congressional members cared about women’s equality or the progressive goals of the women’s rights movements, although some Congressional members thought women would be incapable of successfully homesteading. This Article presents the fascinating history of including unmarried women in the Homestead Act of 1862 by conducting an intensive study of the Act’s …
State V. Michaud, 251 A.3d 9 (Ri 2021).,
2022
Candidate for Juris Doctor, Roger Williams University School of Law
State V. Michaud, 251 A.3d 9 (Ri 2021)., Blair Robinson
Roger Williams University Law Review
No abstract provided.
Andrade V. Andrade, 252 A.3d 755 (R.I. 2021),
2022
Candidate for Juris Doctor, Roger Williams University School of Law
Andrade V. Andrade, 252 A.3d 755 (R.I. 2021), Samantha M. Darocha
Roger Williams University Law Review
No abstract provided.
Decurtis V. Visconti, Boren & Campbell Ltd., 252 A.3d 765 (R.I. 2021),
2022
Candidate for Juris Doctor, Roger Williams University School of Law
Decurtis V. Visconti, Boren & Campbell Ltd., 252 A.3d 765 (R.I. 2021), Alexus Bonilla
Roger Williams University Law Review
No abstract provided.
2021 Surveys Of Rhode Island Law,
2022
Roger Williams University
2021 Surveys Of Rhode Island Law
Roger Williams University Law Review
No abstract provided.
The Enduring Importance Of Parental Rights,
2022
Fordham University School of Law
The Enduring Importance Of Parental Rights, Clare Huntington, Elizabeth S. Scott
Faculty Scholarship
In this symposium contribution for The Law of Parents and Parenting, we argue that parental rights are — and should remain — the backbone of family law. State deference to parents is warranted not because parents are infallible, but rather because parental rights, properly understood and limited, promote child wellbeing. This is true for several reasons, but two stand out. First, parental rights promote the stability of the parent-child relationship by restricting the state’s authority to intervene in families. This protection promotes healthy child development for all children, and it is especially important for low-income families and families of color, …
