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Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres 2019 Texas A&M University School of Law

Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres

Susan Ayres

It is impossible to know the number of infants killed or illegally abandoned at birth. No official reporting requirements exist, but conservative estimates claim that in the United States, 150-300 infants are killed within twenty-four hours of life and that over 100 infants are illegally abandoned. Beginning in 1999, in an effort to stem the problem of neonaticide and illegal abandonment, states began enacting laws to legalize abandonment. By 2008, all fifty states had enacted safe haven laws, which allow parents to anonymously abandon newborns by delivering them to designated providers, such as hospitals. This article provides a practical and ...


Parental Gender Designations On Children’S Birth Certificates: The Need For A Modifiable Form, Megan Brodie Maier 2019 DePaul University

Parental Gender Designations On Children’S Birth Certificates: The Need For A Modifiable Form, Megan Brodie Maier

DePaul Journal of Women, Gender and the Law

No abstract provided.


Younger And Older Adults' Lie-Detection And Credibility Judgments Of Children's Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela Evans 2019 Brock University

Younger And Older Adults' Lie-Detection And Credibility Judgments Of Children's Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela Evans

University of Southern California Legal Studies Working Paper Series

Previous research has examined young and middle-aged adults’ perceptions of child witnesses; however, no research to date has examined how potential older adult jurors may perceive a child witness. The present investigation examined younger (18–30 years, N = 100) and older adults’ (66–89 years, N = 100) liedetection and credibility judgments when viewing children’s truthful and dishonest reports. Participants viewed eight child interview videos where children (9–11 years of age) either provided a truthful report or a coached fabricated report to conceal a transgression. Participants provided lie-detection judgments following all eight videos and credibility assessments following the first ...


Identifying Liars Through Automatic Decoding Of Children's Facial Expressions, Kaila Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee 2019 University of Regina

Identifying Liars Through Automatic Decoding Of Children's Facial Expressions, Kaila Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee

University of Southern California Legal Studies Working Paper Series

This study explored whether children’s (N=158; 4-9 years-old) nonverbal facial expressions can be used to identify when children are being deceptive. Using a computer vision program to automatically decode children’s facial expressions according to the Facial Action Coding System, this study employed machine learning to determine whether facial expressions can be used to discriminate between children who concealed breaking a toy(liars) and those who did not break a toy(nonliars). Results found that, regardless of age or history of maltreatment, children’s facial expressions could accurately (73%) distinguished between liars and nonliars. Two emotions, surprise and ...


Kogod V. Cioffi-Kogod, 135 Nev. Adv. Op. 9 (Apr. 25, 2019) (En Banc), Dallas Anselmo 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Kogod V. Cioffi-Kogod, 135 Nev. Adv. Op. 9 (Apr. 25, 2019) (En Banc), Dallas Anselmo

Nevada Supreme Court Summaries

The Court articulated several decisions regarding the disposition of assets after a divorce. First, in determining an alimony award, a district court should consider the need of the receiving party in light of other income-earning property received. Second, extramarital spending can justify unequal disposition of community property; however, unequal disposition cannot be based on overconsumption of funds unless a specific showing is made to prove that consumption is excessive. Third, calculations of community property disposition should continue until the written decree is issued. Finally, a violation of an ambiguous injunction cannot result in sanctions.


Yesennia Esmeralda Amaya V Milton Orlando Guerrero Rivera, 135 Nev. Adv. Op. 27 (July 3, 2019), Salma Granich 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Yesennia Esmeralda Amaya V Milton Orlando Guerrero Rivera, 135 Nev. Adv. Op. 27 (July 3, 2019), Salma Granich

Nevada Supreme Court Summaries

The Court determined that under NRS 3.2203 (1) an order determining physical custody of a child satisfied the dependency or custody prong for Special Immigrant Juvenile predicate findings; and (2) in order to determine predicate findings, the reunification prong is satisfied where the juvenile cannot reunify with at least one parent.


We All Need Somebody To Lean On: Using The Law To Nurture Our Children, Beginning With Third-Party Visitation, John A. Pappalardo, Cassidy Allison, Samantha A. Mumola 2019 Farber, Pappalardo & Carbonari

We All Need Somebody To Lean On: Using The Law To Nurture Our Children, Beginning With Third-Party Visitation, John A. Pappalardo, Cassidy Allison, Samantha A. Mumola

Pace Law Review

Perhaps one of the single most important aspects of a healthy childhood is emotional support from healthy caregivers. As it stands, New York’s visitation law prohibits third-party caregivers from stepping in and providing children with this important psychological and emotional need by automatically denying them standing to seek visitation in court. In New York, third-party standing for visitation is denied solely on a procedural basis, irrespective of the child’s personal familial situation, namely whether their parents are completely

unavailable. Specifically, when a child’s parents become unavailable due to death, incarceration or otherwise, and such child becomes a ...


Beyond A Reasonable Doubt: A Discourse Analysis Of Forensic And Psychological Truth In Child Narratives, Elizabeth Samson 2019 Duquesne University

Beyond A Reasonable Doubt: A Discourse Analysis Of Forensic And Psychological Truth In Child Narratives, Elizabeth Samson

Electronic Theses and Dissertations

This dissertation draws on a hermeneutically-informed modification of Potter and Wetherell’s (1987) discourse analysis methodology to explore how child memory and experience are conceptualized in two widely-used forensic psychology training manuals. Current research about child testimony tends to focus on how well children can factually recount their experiences, or on optimizing interviewer performance so as to obtain accurate accounts and minimize the risk of distorting children’s memories. Results of this discourse analysis include: 1) frequent advisement of evaluator caution, objectivity, and thoroughness, since evaluators are understood as responsible for preserving the accuracy of children’s memories during the ...


Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle 2019 Penn State Law

Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle

Jill Engle

No abstract provided.


Comparing Supreme Court Jurisprudence In Obergefell V. Hodges And Town Of Castle Rock V. Gonzales: A Watershed Moment For Due Process Liberty, Jill C. Engle 2019 Penn State Law

Comparing Supreme Court Jurisprudence In Obergefell V. Hodges And Town Of Castle Rock V. Gonzales: A Watershed Moment For Due Process Liberty, Jill C. Engle

Jill Engle

The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.” -- Obergefell v. Hodges, 135 S. Ct. 2584, 2598 (2015)(emphasis ...


Case Closure Among The Lancaster County’S Family Treatment Drug Court: The Role Of Personal Relationships, Chelsey Wisehart, Katherine Hazen, Matthew W. Carlson 2019 University of Nebraska-Lincoln

Case Closure Among The Lancaster County’S Family Treatment Drug Court: The Role Of Personal Relationships, Chelsey Wisehart, Katherine Hazen, Matthew W. Carlson

Faculty Publications of the Center on Children, Families, and the Law

• Parent substance use is the second-leading cause for childrens’ removal from the home in Nebraska (Voices for Children, 2018) with 10-30% being removed again later on (Wulczyn et al., 2007).

• The theory of Therapeutic Jurisprudence suggests using a treatment-oriented approach to reduce recidivism and mitigate the negative psychological effects that the legal system may have on offenders (Fessinger et al., 2018).

• The Judge acts as a team leader for caseworkers and attorneys who use a collaborative approach in the Family Treatment Drug Court (FTDC).

• Team meetings between parents and court professionals include discussion about parents’ progress to help ensure a ...


Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay 2019 University of Michigan Law School

Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay

Articles

Children with disabilities are maltreated at a higher rate than other children and overrepresented in child protection matters, yet most social service caseworkers, judges, child advocates, and other professionals involved in these cases receive little to no training about evaluating and addressing their needs. Child protection case outcomes for children with disabilities tend to differ from those of nondisabled children, with more disabled children experiencing a termination of their parents' rights and fewer being reunified with their parents or placed with kin. They also tend to experience longer waits for adoption. Furthermore, the poor outcomes that plague youth who age ...


Ag Barr Ruling Puts Asylum Seekers At Deadly Risk, Natalie Nanasi 2019 Southern Methodist University, Dedman School of Law

Ag Barr Ruling Puts Asylum Seekers At Deadly Risk, Natalie Nanasi

Faculty Scholarship

No abstract provided.


The Constitutionalization Of Fatherhood, Dara Purvis 2019 Penn State Law

The Constitutionalization Of Fatherhood, Dara Purvis

Dara Purvis

Beginning in the 1970s, the Supreme Court heard a series of challenges to family law statutes brought by unwed biological fathers, questioning the constitutionality of laws that treated unwed fathers differently than unwed mothers. The Court’s opinions created a starkly different constitutional status for unwed fathers than for unwed mothers, demanding additional actions and relationships before an unwed father was considered a constitutional father. Although state parentage statutes have progressed beyond their 1970s incarnations, the doctrine created in those family law cases continues to have impact far beyond family law. Transmission of citizenship in the context of immigration law ...


The Effects Of The Putative Confession And Evidence Presentation On Maltreated And Non-Maltreated 9- To 12-Year-Olds' Coached Concealment Of A Minor Transgression, Angela Evans, Thomas D. Lyon 2019 Brock University

The Effects Of The Putative Confession And Evidence Presentation On Maltreated And Non-Maltreated 9- To 12-Year-Olds' Coached Concealment Of A Minor Transgression, Angela Evans, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

The present study examined the influence of the putative confession (in which children are told that the suspect told them “everything that happened” and “wants [the child] to tell the truth”) and evidence presentation on 9- to 12-year-old maltreated and non-maltreated children’s disclosure (N = 321). Half of the children played a forbidden game with an adult confederate which resulted in a laptop breaking (no transgression occurred for the other half of children), followed by coaching to conceal the forbidden game and to falsely disclose the sanctioned game. Children were then interviewed about the interaction with the confederate. Among the ...


Windsor, Surrogacy, And Race, Khiara M. Bridges 2019 Selected Works

Windsor, Surrogacy, And Race, Khiara M. Bridges

Khiara M Bridges

Scholars and activists interested in racial justice have long been opposed to surrogacy arrangements, wherein a couple commissions a woman to become pregnant, give birth to a baby, and surrender the baby to the couple to raise as its own. Their fear has been that surrogacy arrangements will magnify racial inequalities inasmuch as wealthy white people will look to poor women of color to carry and give birth to the white babies that the couples covet. However, perhaps critical thinkers about race should reconsider their contempt for surrogacy following the Supreme Court’s recent decision in United States v. Windsor ...


Effects Of The Putative Confession Instruction On Perceptions Of Children's True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon 2019 University of Southern California Law School

Effects Of The Putative Confession Instruction On Perceptions Of Children's True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

The putative confession instruction (“[suspect] told me everything that happened and wants you to tell the truth”) during forensic interviews with children has been shown to increase the accuracy of children’s statements, but it is unclear whether adult’s perceptions are sensitive to this salutary effect. The present study examined how adults perceive children’s true and false responses to the putative confession (PC) instruction. Participants (n = 299) watched videotaped interviews of children and rated the child’s credibility and the truthfulness of his/her statements. When viewing children’s responses to the PC instruction, true and false statements ...


Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas 2019 University of Georgia School of Law

Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas

Georgia Journal of International & Comparative Law

No abstract provided.


Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden 2019 University of Georgia School of Law

Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden

Georgia Journal of International & Comparative Law

No abstract provided.


Children's Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning, Shanna Williams, Kelly McWilliams, Thomas D. Lyon 2019 University of Southern California

Children's Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning, Shanna Williams, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the role of age, maltreatment status, and executive functioning (EF) on 752 4- to 9-year-old maltreated and nonmaltreated children’s recall disclosure of a transgression in which they appeared to have broken toys while playing with a stranger. Interviewers used narrative practice rapport-building and then questioned children with free recall and cued recall questions. Younger and maltreated children were more likely to disclose during rapport-building, whereas older and nonmaltreated children were more likely to disclose in response to recall questions. Working memory deficits appeared to mediate the relation between children’s characteristics and disclosure during rapport, but ...


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