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Adults' Perceptions Of Children's Referentially Ambiguous Responses, Breanne E. Wylie, Thomas D. Lyon, Alison M. O'Connor, Christina Lapytskaia, Angela Evans 2019 Brock University

Adults' Perceptions Of Children's Referentially Ambiguous Responses, Breanne E. Wylie, Thomas D. Lyon, Alison M. O'Connor, Christina Lapytskaia, Angela Evans

University of Southern California Legal Studies Working Paper Series

The present study examined adults’ (N = 295) interpretations of child witnesses’ referentially ambiguous “yes” and “no” responses to “Do You Know/Remember (DYK/R) if/whether” questions (e.g., “Do you know if it was blue?”). Participants were presented with transcripts from child sexual abuse cases modified based on question format (DYK/R vs. Direct) and child response type (Yes, No, I don’t know) in a between subjects design. We assessed whether adults recognized that children’s ambiguous responses were unclear, and if not, how they were interpreting children’s responses compared to the control (Direct) conditions. More specifically ...


A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, Brad Aldridge 2019 University of Arkansas, Fayetteville

A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, Brad Aldridge

Arkansas Law Review

In 2015, the Supreme Court of the United States in Obergefell v. Hodges recognized the constitutional right of all persons, including same-sex couples, to lawfully marry. In 2017, in Pavan v. Smith, the Court recognized that Obergefell extends that right to much more than the act of marriage in itself. Any person who would have been denied the right to marry the person of her choice before Obergefell now enjoys not only the rights of marriage licensing and recognition, but also the full “constellation” of rights and responsibilities that attend marriage among traditional opposite-sex couples. The Court believed that this ...


Guardianship: A Violation Of The American With Disabilities Act And What We Can Do About It, Alexus Anderson 2019 University of St. Thomas, Minnesota

Guardianship: A Violation Of The American With Disabilities Act And What We Can Do About It, Alexus Anderson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell 2019 University of Michigan Law School

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

Articles

Removing children from their parents is child welfare's most drastic intervention. Research clearly establishes the profound and irreparable damage family separation can inflict on children and their parents. To ensure that this intervention is only used when necessary, a complex web of state and federal constitutional principles, statutes, administrative regulations, judicial decisions, and agency policies govern the removal decision. Central to these authorities is the presumption that a healthy and robust child welfare system keeps families together, protects children from harm, and centers on the needs of children and their parents. Yet, research and practice-supported by administrative data-paint a ...


Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore 2019 Texas A&M University School of Law

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore

Washington and Lee Law Review

The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be ...


The Role Of Kinship And Siblings In Young Children's Placement Preferences, Kelli Dickerson, Thomas D. Lyon, Jodi A. Quas 2019 University of California, Irvine

The Role Of Kinship And Siblings In Young Children's Placement Preferences, Kelli Dickerson, Thomas D. Lyon, Jodi A. Quas

University of Southern California Legal Studies Working Paper Series

Although considerable attention has been directed toward the most appropriate placement for children following removal from home due to maltreatment, very little of this attention has focused on children’s stated preferences, particularly when they are young. Specifically, children under 12 years of age are typically presumed incompetent to form reasoned judgments about their best interests in placement. This assumption, however, has rarely been tested directly. We surveyed 100 4- to 11-year-olds removed from home because of maltreatment about their placement preferences. Children were less likely to indicate they wanted to return home if they were placed with siblings or ...


The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers 2019 Notre Dame Law School

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Journal of Legislation

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that ...


Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz 2019 St. Mary's University School of Law

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to ...


Transparenthood, Sonia K. Katyal, Ilona M. Turner 2019 University of California, Berkeley

Transparenthood, Sonia K. Katyal, Ilona M. Turner

Michigan Law Review

Despite the growing recognition of transgender rights in both law and culture, there is one area of law that has lagged behind: family law’s treatment of transgender parents. We perform an investigation of the way that transgender parents are treated in case law and discover striking results regarding the outcomes for transgender parents within the family court system. Despite significant gains for transgender plaintiffs in employment and other areas of law, the evidence reveals an array of ways in which the family court system has systematically alienated the rights and interests of transgender parents. In many cases involving custody ...


Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard 2019 The John Marshall Law School

Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard

Debra Pogrund Stark

Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a ...


Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, Marie A. Failinger 2019 Mitchell Hamline School of Law

Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, Marie A. Failinger

Concordia Law Review

This article builds upon historical work on changes in the law of marriage, divorce and the family after the Reformation, and describes how modern Lutheran theology, formed during the Reformation, evaluates modern trends in American family law. From the key Lutheran theological insight that God is creatively ordering human activity as a partner with human beings, the Lutheran tradition approaches issues such as no-fault divorce and same-sex marriage with both trust and challenge.


Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith 2019 Michigan State University College of Law

Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith

American Indian Law Journal

No abstract provided.


State Regulations Are Failing Our Children: An Analysis Of Child Marriage Laws In The United States, Rachel L. Schuman 2019 College of William & Mary Law School

State Regulations Are Failing Our Children: An Analysis Of Child Marriage Laws In The United States, Rachel L. Schuman

William & Mary Law Review

No abstract provided.


Sal Annual Review 2019 On Family Law.Pdf, Jonathan Muk, Siyuan Chen 2019 Singapore Management University

Sal Annual Review 2019 On Family Law.Pdf, Jonathan Muk, Siyuan Chen

Jonathan Muk

This article is part of the Singapore Academy of Law Annual Review of Cases 2019 series. The article is about the developments in Singapore family law for 2018.


Increasing Maltreated And Nonmaltreated Children's Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession, Kelly McWilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon 2019 CUNY John Jay College

Increasing Maltreated And Nonmaltreated Children's Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession, Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Background: Children are often hesitant to disclose transgressions, particularly when they feel implicated, and frequently remain reluctant until confronted with direct questions. Given the risks associated with direct questions, an important issue is how interviewers can encourage honesty through recall questions. Objective: The present study examined the use of three truth induction strategies for increasing the accuracy and productivity of children’s reports about a transgression. Participants: A total of 285 4-to-9-year-old maltreated and nonmaltreated children. Methods: Each child took part in a play session with a stranger during which the child appeared to break some toys. A research assistant ...


The Child Support Debt Bubble, Tonya L. Brito 2019 University of California, Irvine School of Law

The Child Support Debt Bubble, Tonya L. Brito

UC Irvine Law Review

This Article examines the widespread phenomenon of exorbitant child support debt owed by noncustodial fathers in no- and low-income and predominately Black families. Drawing from qualitative data—including a court-based ethnography and in-depth interviews with lawyers, litigants, and judges—this Article explores the inflated and arbitrary nature of the debt, detailing how states utilize family law rules, child support system practices, and court processes to construct burdensome child support arrears that many poor noncustodial fathers will never have the means to pay off. It concludes by arguing that inflated child support arrears should be questioned and challenged.


Getting To Equal: Resolving The Judicial Impasse On The Weight Of Non-Monetary Contribution In Kenya's Marital Asset Division, Benedeta Prudence Mutiso 2019 International Justice Mission-Kenya

Getting To Equal: Resolving The Judicial Impasse On The Weight Of Non-Monetary Contribution In Kenya's Marital Asset Division, Benedeta Prudence Mutiso

Michigan Journal of Gender & Law

Marital property law reforms and changing international human rights standards in the late 20th and early 21st century prompted Kenya to end certain discriminatory practices against women, especially in the area of property rights. For 50 years, Kenya relied on England’s century-old law, the Married Women’s Property Act of 1882, to regulate property rights. In 2010, Kenya adopted a new Constitution that called for equality between men and women, and in 2013, Kenya enacted independent legislation in the form of the Matrimonial Property Act (MPA). The MPA provides a basis for trial courts to divide marital property upon ...


Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard 2019 The John Marshall Law School

Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard

Michigan Journal of Gender & Law

Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a ...


From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell 2019 Brooklyn Law School

From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell

Brooklyn Law Review

In 2016, 15.4 million people across the globe, the majority being young women and girls in impoverished communities, were victims of forced marriage. Many of these young victims were forced into marriages because of their place within a particular family that used the marriage to derive a benefit, economic or otherwise, for the family as a whole. Under the Immigration and Nationality Act, to be granted asylum in the United States a person must prove (1) past persecution or fear of future persecution; (2) membership in one of five enumerated protect grounds; and (3) that the persecution is on ...


Frozen Pre-Embryo Practice In Missouri, Mary M. Beck, L. "Joanna" Beck Wilkinson 2019 University of Missouri School of Law

Frozen Pre-Embryo Practice In Missouri, Mary M. Beck, L. "Joanna" Beck Wilkinson

Faculty Publications

McQueen v. Gadberry was an Eastern District dissolution dispute over frozen pre-implantation embryos formed from McQueen’s eggs and Gadberry’s sperm. The St. Louis County trial court found the pre-embryos to be marital property of a special character and awarded them jointly to each of the former spouses. The appellate court affirmed. McQueen is an important decision because the finding that embryos are marital property was an issue of first impression that affects many Missouri families. Infertility is a common problem, couples frequently utilize assisted reproductive technologies (ART) to form families, and the extra frozen pre-implantation embryos (hereinafter pre-embryos ...


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