La Fragilisation Du Lien De Confiance Au Sein De L’Intervention Sociale En Protection De La Jeunesse : Peut-On Blâmer Le Droit ?,
2021
The Peter A. Allard School of Law
La Fragilisation Du Lien De Confiance Au Sein De L’Intervention Sociale En Protection De La Jeunesse : Peut-On Blâmer Le Droit ?, Marilyn Coupienne
Canadian Journal of Family Law
Dans le contexte de la protection de la jeunesse, la Loi sur la protection de la jeunesse (LPJ) édicte les pouvoirs et responsabilités des intervenantes sociales œuvrant à la Direction de la protection de la jeunesse (DPJ) et encadre la relation entre celles-ci et les familles. Cette loi octroie aux intervenantes un double mandat, qui implique à la fois celui de l’aide et celui du contrôle et de la surveillance. Selon la littérature relative aux pratiques sociales dans ce domaine, les familles suivies par la DPJ peuvent se sentir observées, traquées, dénuées d’intimité et considèrent difficile de laisser …
Vaccination And The Child’S Right To An Open Future,
2021
Lewis & Clark Law School
Vaccination And The Child’S Right To An Open Future, Elias Feldman
Lewis & Clark Law Review
States commonly require the vaccination of children through their parens pa- triae and police powers. But many states also allow parents to opt for non- medical exemptions from these vaccination requirements, contributing to the emergence of a national vaccine hesitancy crisis. By permitting parents not to vaccinate their children, do states that grant these exemptions violate children’s rights? This Article posits that children may indeed have a right to be vac- cinated and thus protected against contracting a disease for which there is a scientifically proven vaccine. This Article examines this question through the lens of Joel Feinberg’s theory of …
Parents And The Interstate Compact On The Placement Of Children: A Flexible Approach,
2021
Lewis & Clark Law School
Parents And The Interstate Compact On The Placement Of Children: A Flexible Approach, Alex Jones
Lewis & Clark Law Review
Before an Oregon court can send a child across the Columbia River to live with a Washington foster parent, the authorities on the Washington side must first approve the move. Unless and until that happens, the child stays in Oregon. But what if the Washington “foster” parent is the child’s biological father? The Interstate Compact on the Placement of Children (ICPC) imposes conditions on the sending of children across state lines to live with foster parents or potential adoptive parents. Courts in different states have long disagreed over whether those conditions ever apply to the placement of children with their …
Are You There, Law? It's Me, Semen,
2021
Brooklyn Law School
Are You There, Law? It's Me, Semen, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Ball Is In Whose Court? Rhode Island’S Need For An Integrated Domestic Violence Court,
2021
Candidate for Juris Doctor, Roger Williams University School of Law
The Ball Is In Whose Court? Rhode Island’S Need For An Integrated Domestic Violence Court, Brendan Horan
Roger Williams University Law Review
No abstract provided.
The New Parental Rights,
2021
University of Connecticut School of Law
The New Parental Rights, Anne C. Dailey, Laura A. Rosenbury
UF Law Faculty Publications
This Article sets forth a new model of parental rights designed to free children and families from the ideals of parent–child unity and family privacy that underlie the law’s expansive protection for parental rights. The law currently presumes that parents’ interests coincide with those of their children, creating an illusion of parent–child union that suppresses the very real ways in which children’s interests and identities, even at a young age, may depart from those of their parents. Expansive protection for parental rights also confines children to the private family, ignoring children’s broad range of interests beyond the family and thwarting …
Thoroughly Modern Motherhood,
2021
Southern Methodist University, Dedman School of Law
Biology And Illegitimacy,
2021
Yale Law School
Biology And Illegitimacy, Douglas Nejaime
SMU Law Review
This symposium Essay examines how biological parenthood, which in the twentieth century served as a mechanism by which to repudiate “illegitimacy” and to protect nonmarital parent–child relationships, today serves to justify new forms of illegitimacy and to separate unmarried parents from their children.
In the second half of the twentieth century, courts and legislatures renounced the discriminatory regime of illegitimacy, in which the children of unmarried parents enjoyed few rights to support or inheritance. They did so by raising the legal status of biological parenthood—extending rights to unmarried biological fathers and their children. Today, though, the vindication of biological ties …
Without Religion W(H)Ither Family Law?,
2021
Brooklyn Law School
Without Religion W(H)Ither Family Law?, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Hidden Gender Of Gender-Neutral Paid Parental Leave: Examining Recently-Enacted Law In The United States And Australia,
2021
Indiana University Maurer School of Law
The Hidden Gender Of Gender-Neutral Paid Parental Leave: Examining Recently-Enacted Law In The United States And Australia, Deborah A. Widiss
Articles by Maurer Faculty
The United States and Australia are unusual in their approach to providing paid time off to new parents. Virtually every other country in the world provides maternity leaves that are far longer than paternity leaves, even if they also provide supplemental parental leave available to either parent. Recently-enacted laws in the United States and Australia, by contrast, eschew sex-specific classifications entirely. But, while both adopt gender-neutral approaches, they are structured quite differently. American laws provide each parent equal and non-transferable benefits; Australian law provides an extended period of benefits to a “primary” caregiver, and a much shorter period of benefits …
Minnesota's System Of Justice By Geography In Child Protection Proceedings: Base Issues In Minnesota's Parental Representation Scheme And In The Discretionary Appointment Of Counsel Under Section 260c.163.,
2021
Mitchell Hamline School of Law
Minnesota's System Of Justice By Geography In Child Protection Proceedings: Base Issues In Minnesota's Parental Representation Scheme And In The Discretionary Appointment Of Counsel Under Section 260c.163., Samantha Zuehlke
Mitchell Hamline Law Review
No abstract provided.
Legal Representation For Children: A Matter Of Fairness,
2021
Mitchell Hamline School of Law
Legal Representation For Children: A Matter Of Fairness, Wendy Shea
Mitchell Hamline Law Review
No abstract provided.
The Outlawed Family: How Relevant Is The Law In Family Litigation?,
2021
Mitchell Hamline School of Law
The Outlawed Family: How Relevant Is The Law In Family Litigation?, Sharon Shakargy
Mitchell Hamline Law Review
No abstract provided.
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Judicial Discretion Is Advised: The Lack Of Discretionary Appointments Of Counsel For Children In Washington State Dependency Proceedings,
2021
University of Washington School of Law
Judicial Discretion Is Advised: The Lack Of Discretionary Appointments Of Counsel For Children In Washington State Dependency Proceedings, Marisa Forthun
Washington Law Review Online
State agencies initiate dependency proceedings when a child is alleged, often due to parental neglect or abuse, to be a dependent of the state. The state must intervene “[w]hen parents do not comply with [Child Protective Services] requirements, or when the state believes the child is at too great a risk to remain at home even if parents were to comply with services.” Dependency proceedings usually take place in juvenile courts and involve the local state agency, the parents, and the child. After the government files a petition alleging circumstances of neglect or abuse, “[t]he court issues temporary orders regarding …
In Re Rylee A., 233 A.3d 1040 (R.I. 2020),
2021
Candidate for Juris Doctor, Roger Williams University School of Law
In Re Rylee A., 233 A.3d 1040 (R.I. 2020), Alyssa M. Knappins
Roger Williams University Law Review
No abstract provided.
Saltzman V. Saltzman, 218 A.3d 551 (R.I. 2019),
2021
Candidate for Juris Doctor, Roger Williams University School of Law
Saltzman V. Saltzman, 218 A.3d 551 (R.I. 2019), Carla Aveledo
Roger Williams University Law Review
No abstract provided.
The Pitfalls Of Polyamorous Parenting In Rhode Island: The Crime Of Adultery And The Best Interests Of The Child Under The Uniform Parentage Act,
2021
Candidate for Juris Doctor, Roger Williams University School of Law
The Pitfalls Of Polyamorous Parenting In Rhode Island: The Crime Of Adultery And The Best Interests Of The Child Under The Uniform Parentage Act, Thomas M. Wall
Roger Williams University Law Review
No abstract provided.
Preserving Procreative Potential With A Smart Prenuptial Agreement,
2021
Cecil C. Humphreys School of Law University of Memphis
Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell
FIU Law Review
No abstract provided.
Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements,
2021
Touro Law Center
Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman
Touro Law Review
No abstract provided.
