The Child Welfare System: A Misnomer In Need Of Services,
2020
Executive Notes & Comments Editor, IJLSE Vol. 8; J.D. 2020, Indiana Univ. Maurer School of Law
The Child Welfare System: A Misnomer In Need Of Services, Allison Hilmer
Indiana Journal of Law and Social Equality
No abstract provided.
The Rise Of Zero Tolerance And The Demise Of Family,
2020
Howard University School of Law
The Rise Of Zero Tolerance And The Demise Of Family, Mariela Olivares
Georgia State University Law Review
This article explores the intersection of immigration law and family law and argues that the current regime dedicated to decimating immigrant families in the United States does not comport with the history and spirit of immigration law and policy. Policies shifting away from family unity and towards an inhumane treatment of immigrant families is anchored in the political rhetoric that normalizes the oppression of immigrants. By characterizing immigrants as nonhuman—even “animals,” as described by President Donald Trump—the current slate of anti-immigrant policies that specifically target families is normalized. Part I discusses contemporary immigration law that terrorizes the family unit and …
Families Belong Together: The Path To Family Sanctity In Public Housing,
2020
Northwestern Pritzker School of Law
Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes
Northwestern Journal of Law & Social Policy
In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …
Zoning For Families,
2020
University of Connecticut
Zoning For Families, Sara C. Bronin
Indiana Law Journal
Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago. Zoning, which is the local regulation of land use, almost always defines family, limiting those who may live in a dwelling unit to those who satisfy the zoning code’s definition. Often times, this definition is drafted in a way that excludes many modern living arrangements and preferences. …
Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition,
2020
Indiana University Maurer School of Law
Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley
Indiana Law Journal
In this Note, Part I examines the three main approaches used in other state supreme court decisions to decide pre-embryo disposition disputes, as well as three perspectives on the legal status of the pre-embryo, and compares them with Arizona’s emerging law. Part II summarizes Arizona’s Torres trial court order and opinion and section 318.03. Part III then analyzes whether the Torres orders and Arizona’s new statutory “most likely to lead to birth standard”12 present constitutional issues and concludes that the trial court’s order, if reinstated by the Arizona Supreme Court, and section 318.03 can be challenged on substantive due process …
Zoning For Families,
2020
Cornell University
Zoning For Families, Sara C. Bronin
Cornell Law Faculty Publications
Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago. Zoning, which is the local regulation of land use, almost always defines family, limiting those who may live in a dwelling unit to those who satisfy the zoning code’s definition. Often times, this definition is drafted in a way that excludes many modern living arrangements and preferences. …
Benefit Or Burden?: Brackeen V. Zinke And The Constitutionality Of The Indian Child Welfare Act,
2020
Buffalo Law Review
Benefit Or Burden?: Brackeen V. Zinke And The Constitutionality Of The Indian Child Welfare Act, Katie L. Gojevic
Buffalo Law Review
No abstract provided.
The Promise And Failures Of Children's Medicaid And The Role Of Medical-Legal Partnerships As Monitors And Advocates,
2020
Loyola University Chicago School of Law
The Promise And Failures Of Children's Medicaid And The Role Of Medical-Legal Partnerships As Monitors And Advocates, Kate Mitchell
Faculty Publications & Other Works
For decades we have known that access to health care and early and preventive diagnosis and treatment can dramatically alter the course of a child’s life. Because of this knowledge, immediately after Congress enacted Medicaid, it created the Early and Periodic Screening, Diagnostic and Treatment, or EPSDT, program for children. EPSDT requires broad holistic and preventive care to correct or ameliorate health defects identified in Medicaid-eligible children. This coverage currently extends to 2 out of 5 children and 48 percent of children with special health care needs. Because of the broad parameters of coverage mandated by EPSDT, eligible children should …
Property: Right Outcome, Wrong Reason—Gill V. Gill, 919 N.W.2d 297 (Minn. 2018),
2020
Mitchell Hamline School of Law
Property: Right Outcome, Wrong Reason—Gill V. Gill, 919 N.W.2d 297 (Minn. 2018), Wendy Cicotte
Mitchell Hamline Law Review
No abstract provided.
Fetal Equality,
2020
University of Idaho College of Law
Fetal Equality, Shaakirrah R. Sanders
Washington and Lee Law Review Online
I join Carliss Chatman’s call to fully consider the equal protection implications of the conception theory and raise an additional right to which a fetus may be entitled as a matter of equal protection: health care, which implicates state laws that provide civil and criminal exemptions to parents who choose religious healing instead of medical care for their children and minor dependents. The evidence of harm to children from religious healing is well documented. Yet, currently, approximately forty-three U.S. states and the District of Columbia have some type of exemption to protect religious healing parents in civil and criminal cases. …
The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors,
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney Cross
Scholarly Works
People living with HIV or AIDS must decide whether, how, and when to disclose their positive status. State laws play an outsized role in this highly personal calculus. Partner notification laws require that current and former sexual partners of individuals newly diagnosed with HIV be informed of their potential exposure to the disease. Meanwhile, people who fail to disclose their positive status prior to engaging in sexual acts-even acts that carry low to no risk of infection-can be prosecuted and incarcerated for exposing their partners to HIV. Although both partner notification laws and criminal HIV exposure laws were ostensibly created …
Back To The Future: Marriage And Divorce Under The 2017 Tax Act,
2020
St. Mary's University School of Law
Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark Cochran
St. Mary's Law Journal
Abstract forthcoming
Intergenerational Control: Why Genetic Modification Of Embryos Via Crispr-Cas9 Is Not A Fundamental Parental Right,
2020
American University Washington College of Law
Intergenerational Control: Why Genetic Modification Of Embryos Via Crispr-Cas9 Is Not A Fundamental Parental Right, Fernando Montoya
American University Law Review
No abstract provided.
The Homesteading Rights Of Deserted Wives: A History,
2020
University of South Dakota School of Law
The Homesteading Rights Of Deserted Wives: A History, Hannah Haksgaard
Faculty Publications
During the late nineteenth and early twentieth centuries, the federal government of the United States distributed 270 million acres of land to homesteaders. The federal land-grant legislation allowed single women, but not married women, to partake in homesteading. Existing in a “legal netherworld” between single and married, deserted wives did not have clear rights under the federal legislation, much like deserted wives did not have clear rights in American marital law. During the homesteading period, many deserted wives litigated claims in front of the Department of the Interior, arguing they had the right to homestead. This is the first article …
In Re Joziah B., 207 A.3d 451 (R.I. 2019),
2020
Candidate for Juris Doctor, Roger Williams University School of Law
In Re Joziah B., 207 A.3d 451 (R.I. 2019), Devon Q. Toro
Roger Williams University Law Review
No abstract provided.
In Re Sophia M., 204 A.3d 605 (R.I. 2019,
2020
Candidate for Juris Doctor, Roger Williams University School of Law
In Re Sophia M., 204 A.3d 605 (R.I. 2019, Erin Ferry
Roger Williams University Law Review
No abstract provided.
Trojan V. Trojan, 208 A.3d 221 (R.I. 2019),
2020
Candidate for Juris Doctor, Roger Williams University School of Law
Trojan V. Trojan, 208 A.3d 221 (R.I. 2019), Adam M. Harrington
Roger Williams University Law Review
No abstract provided.
Ethical Blind Spots In Adoption Lawyering,
2020
Texas A&M University School of Law
Ethical Blind Spots In Adoption Lawyering, Malinda L. Seymore
Faculty Scholarship
Lawyers engaged in adoption work often call it “happy law,” and consider adoption – finding a child for yearning parents, finding parents for a needy child – an unmitigated good. That attitude can mask the fact that all adoption begins with loss. One family loses a child so that another family can gain one. A lawyer’s assurance that she is engaged in positive work can lead to ethical blind spots that ignore the complexities of adoption practice. And while the touchstone of adoption is the best interests of the child, the primacy in legal ethics of the interests of the …
The Right Family,
2020
St. John's University School of Law
The Right Family, Noa Ben-Asher, Margot J. Pollans
Faculty Publications
The family plays a starring role in American law. Families, the law tells us, are special. They merit many state and federal benefits, including tax deductions, testimonial privileges, untaxed inheritance, and parental presumptions. Over the course of the twentieth century, the Supreme Court expanded individual rights stemming from familial relationships. In this Article, we argue that the concept of family in American law matters just as much when it is ignored as when it is featured. We contrast policies in which the family is the key unit of analysis with others in which it is not. Looking at four seemingly …
Ethical Blindspots In Adoption Lawyering,
2020
Texas A&M University School of Law
Ethical Blindspots In Adoption Lawyering, Malinda L. Seymore
University of Richmond Law Review
This Article discusses ethical issues relevant to adoption attorneys, as well as the lessons from behavioral ethics that inform the ethical blind spots common in the practice. The Model Rules for attorneys address a number of areas relevant to the complexitiesof adoption practice. Rules relating to competency and confidentiality, conflicts of interest and dual representation, and the lawyer’s roles as counselor as well as advocate are particularly germane. Although much has been written about the dual representation issue in adoption, other issues of professional responsibility in adoption cases have not been as carefully explored. This Article seeks to remedy that. …
