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The Harm Of Child Removal, Shanta Trivedi 2019 University of Baltimore School of Law

The Harm Of Child Removal, Shanta Trivedi

All Faculty Scholarship

When the state proves or even merely alleges that a parent has abused or neglected a child, family courts may remove the child from the parent’s care. However, research shows separating a child from her parent(s) has detrimental, long-term emotional and psychological consequences that may be worse than leaving the child at home. This is due to the trauma of removal itself, as well as the unstable nature of, and high rates of abuse in, foster care. Nevertheless, the child welfare system errs on the side of removal and almost uniformly fails to consider the harms associated with ...


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

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

Faculty Scholarship

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.


The Spousal Support Advisory Guidelines, Soft Law, And The Procedural Rule Of Law, Jodi Lazare 2019 Dalhousie University Schulich School of Law

The Spousal Support Advisory Guidelines, Soft Law, And The Procedural Rule Of Law, Jodi Lazare

Articles & Book Chapters

The Spousal Support Advisory Guidelines facilitate discretionary spousal support determinations under the Divorce Act. Non-binding in nature, they are expected to restore some transparency to an uncertain and unpredictable remedy and to benefit dependent spouses who might previously have been deterred from claiming support. They may thus be seen as an important tool for advancing economic justice at family breakdown and promoting substantive economic gender equality. Several Canadian appellate courts have enthusiastically endorsed them. Others object to their application, grounding their resistance in their unofficial and non-binding character. This paper responds to that objection, based on the constitutional separation of ...


Seguridad Alimentaria En Colombia: Una Propuesta Para La Sostenibilidad De La Política De Seguridad Alimentaria Y Nutricional (Psan), Paola Andrea Méndez Cotrino 2019 Universidad de La Salle, Bogotá

Seguridad Alimentaria En Colombia: Una Propuesta Para La Sostenibilidad De La Política De Seguridad Alimentaria Y Nutricional (Psan), Paola Andrea Méndez Cotrino

Maestría en Estudios y Gestión del Desarrollo – MEGD

Colombia ha trabajado en la construcción de políticas alimentarias que respondan a una definición holística de la Seguridad Alimentaria y de sus componentes. Aunque la vigente Política de Seguridad Alimentaria y Nutricional (PSAN) es ambiciosa, la inseguridad alimentaria persiste, las enfermedades asociadas a la alimentación son comunes entre la población colombiana y el sistema alimentario tiene problemas estructurales que impiden su óptimo funcionamiento. De forma paralela, el Desarrollo Sostenible se ha configurado como una apuesta de gobernanza del desarrollo a escala global, a través de un modelo en el que convergen actores e intereses de diversa naturaleza. Teniendo cuenta estos ...


Keeping It In The Family: Minor Guardianship As Private Child Protection, Deirdre Smith 2019 University of Maine School of Law

Keeping It In The Family: Minor Guardianship As Private Child Protection, Deirdre Smith

Faculty Publications

Due to the opioid use epidemic and an overwhelmed public child protection system, minor guardianship is an increasingly important tool for relative caregivers seeking to obtain legal authority regarding the children who come into their care because of a parent’s crisis. Yet minor guardianship originated in colonial law for an entirely different purpose: to protect legal orphans who had inherited property. Today’s guardianship laws are still based on this “orphan model” which does not fit today’s reality. This Article is the first to analyze how these outdated guardianship laws are being used as a form of “private ...


Immigration, Adoption And Our National Identity, Shani M. King 2019 University of Florida Levin College of Law

Immigration, Adoption And Our National Identity, Shani M. King

UF Law Faculty Publications

In this Article, I tell the story of intercountry adoption. Our starting point is the beginning of the adoption process, with so-called “sending countries,” in which I explore the reasons that countries enter their children into the intercountry adoption market. We begin in the aftermath of World War II and continue until the present day. The story starts in Europe (specifically, in Germany, Greece, and Italy) and Japan. It then continues throughout the Korean War and the communist regime of Nicolae Ceauseacu, until present-day Russia and China. Next, I tell the story of receiving countries; I discuss the social, political ...


Equality, Equity, And Dignity, Nancy E. Dowd 2019 University of Florida Levin College of Law

Equality, Equity, And Dignity, Nancy E. Dowd

UF Law Faculty Publications

In this Essay I explore the definition and scope of children’s equality. I argue that equality includes equity and dignity. The meaning of each of these concepts is critical in imagining a deep, rich vision of equality, and in constructing policies to achieve that vision. This definition of equality creates affirmative rights, demands action to resolve structural discrimination that creates and sustains hierarchies among children, and requires affirmative support for children’s developmental equality.


Multi-Partner Fertility In A Disadvantaged Population: Results And Policy Implications Of An Empirical Investigation Of Paternity Actions In St. Joseph County, Indiana, Margaret Brinig, Marsha Garrison 2019 Notre Dame Law School

Multi-Partner Fertility In A Disadvantaged Population: Results And Policy Implications Of An Empirical Investigation Of Paternity Actions In St. Joseph County, Indiana, Margaret Brinig, Marsha Garrison

Journal Articles

In this paper, we report data on multi-partner fertility (MPF) in a population of children and parents for whom paternity actions were brought, in 2008 or 2010, in St. Joseph County, Indiana. The computerized, court-based record system we utilized enabled us to collect information on parental characteristics and child outcomes that other MPF researchers have been unable to access. Our research thus offers a unique, data-rich window into an important, and growing, aspect of contemporary family life. It also points the way to needed shifts in family policy and law.


Discounting Women: Doubting Domestic Violence Survivors’ Credibility And Dismissing Their Experiences, Deborah Epstein, Lisa A. Goodman 2019 Georgetown University Law Center

Discounting Women: Doubting Domestic Violence Survivors’ Credibility And Dismissing Their Experiences, Deborah Epstein, Lisa A. Goodman

Georgetown Law Faculty Publications and Other Works

In recent months, we’ve seen an unprecedented wave of testimonials about the serious harms women all too frequently endure. The #MeToo moment, the #WhyIStayed campaign, and the Larry Nassar sentencing hearings have raised public awareness not only about workplace harassment, domestic violence, and sexual abuse, but also about how routinely women survivors face a Gaslight-style gauntlet of doubt, disbelief, and outright dismissal of their stories. This pattern is particularly disturbing in the justice system, where women face a legal twilight zone: laws meant to protect them and deter further abuse often fail to achieve their purpose, because women telling ...


Family Law, Anna K. Teller, Donald E. Teller Jr. 2019 Teller Law Firm, P.C.

Family Law, Anna K. Teller, Donald E. Teller Jr.

SMU Annual Texas Survey

No abstract provided.


Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel 2019 University of Idaho College of Law

Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel

Articles

No abstract provided.


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

Faculty Scholarship

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 ...


Review Of "Jean Paton And The Struggle To Reform American Adoption", Malinda L. Seymore 2019 Texas A&M University School of Law

Review Of "Jean Paton And The Struggle To Reform American Adoption", Malinda L. Seymore

Faculty Scholarship

Book Review Extract:

Wayne Carp is rightly celebrated as the official historian of American adoption reform. He continues his important work, begun with Family Matters: Secrecy and Disclosure in the History of Adoption in 1998 and continued with Adoption Politics: Bastard Nation and Ballot Initiative 58 in 2004, with a look at the life and times of Jean Paton, a reformer of the 1950s. Carp credits her with a litany of “firsts”: the first to recognize and study adult adoptees; the first to critique the “chosen child” concept; the first to create an organization devoted to adult adoptees; the first ...


Promoting Permanency And Human Rights, Lauren Bartlett 2019 Saint Louis University School of Law

Promoting Permanency And Human Rights, Lauren Bartlett

All Faculty Scholarship

An increasing number of children are being cared for exclusively by grandparents or extended family. The majority of these caregivers are raising children outside of the foster care system without a formal legal status. In fact, kinship diversion, placing children whose parents cannot or will not care for them with family or friends outside of the foster care system, is encouraged by state and federal law. Informal kinship caregivers face many obstacles to providing care for children and they are more likely to be unemployed, receive government benefits, and be less educated, as compared with parents raising their own children ...


Are Domestic Abusers Terrorists: Rhetoric, Reality, And Asylum Law, Natalie Nanasi 2019 Southern Methodist University, Dedman School of Law

Are Domestic Abusers Terrorists: Rhetoric, Reality, And Asylum Law, Natalie Nanasi

Faculty Scholarship

The terms terrorism and terrorist are highly charged but all too often imprecisely utilized in legal, media, and political arenas. The terminology has even entered the field of intimate partner violence, where the phrases terrorism in the home or intimate terrorism have been used to describe domestic abuse. This language has proliferated not only due to identified commonalities between intimate partner abuse and terroristic behaviors but also because of the rhetorical impact of the words in highlighting the gravity of domestic violence. However, expanding the legal framework of terrorism into new areas has potentially serious and far-reaching consequences. It is ...


The Constitutionalization Of Fatherhood, Dara Purvis 2019 Penn State Law

The Constitutionalization Of Fatherhood, Dara Purvis

Journal Articles

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 ...


Representing The Child In Child Protective Proceedings: Toward A New Paradigm, Merril Sobie 2019 Elisabeth Haub School of Law Pace University

Representing The Child In Child Protective Proceedings: Toward A New Paradigm, Merril Sobie

Pace Law Faculty Publications

This article will attempt a new approach, one based on an analysis of the child's interests in a child protective proceeding. As will be discussed in Part 1, most interests are surprisingly overlooked or barely articulated in the representation debate. Part 2 will summarize the statutes and case law governing the role of the child's counsel in the child protective litigation continuum. The frequently lengthy process may range from initiation by a child protective agency to the achievement of family reunification or other permanency goal. For children, the continuum of sequential proceeding may span years or decades. Finally ...


Uncommon Misconceptions: Holding Physicians Accountable For Insemination Fraud, Jody L. Madeira 2019 Indiana University Maurer School of Law

Uncommon Misconceptions: Holding Physicians Accountable For Insemination Fraud, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.


The Spousal Support Advisory Guidelines, Soft Law, And The Procedural Rule Of Law, Jodi Lazare 2018 Dalhousie University Schulich School of Law

The Spousal Support Advisory Guidelines, Soft Law, And The Procedural Rule Of Law, Jodi Lazare

Jodi Lazare

The Spousal Support Advisory Guidelines facilitate discretionary spousal support determinations under the Divorce Act. Non-binding in nature, they are expected to restore some transparency to an uncertain and unpredictable remedy and to benefit dependent spouses who might previously have been deterred from claiming support. They may thus be seen as an important tool for advancing economic justice at family breakdown and promoting substantive economic gender equality. Several Canadian appellate courts have enthusiastically endorsed them. Others object to their application, grounding their resistance in their unofficial and non-binding character. This paper responds to that objection, based on the constitutional separation of ...


Blending Surnames At Marriage, Hannah Haksgaard 2018 University of South Dakota School of Law

Blending Surnames At Marriage, Hannah Haksgaard

Hannah Haksgaard

In most states, marrying couples are severely limited in their surname choices at the time of marriage. While recent scholarship has focused on men’s limited surname choices, other important problems with the marital surname process exist. For example, the increasingly popular decision to blend surnames—taking parts of both current surnames to create an entirely new surname—is generally not allowed. Four states explicitly allow for surname blending on the marriage license, and three more allow for any surname to be adopted. This article argues the remaining states should follow suit by allowing surname blending and other surname options ...


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