Add to ORKGThe United States Supreme Court has not articulated the appropriate level of scrutiny for judicial review of interferences with the parents' care, custody, and control of their children, despite determining it to be constitu- tionally fundamental. While some observers have called for the selection of a level of scrutiny to prevent inconsistencies among the lower courts, the complexity of the parental right has made it difficult for courts to use one level of scrutiny in such cases. To accommodate this complexity, this Arti- cle begins to build a new framework for conceptualizing the parental right in a way that explains and justifies using more than one level of scrutiny in a consistent and predictable way, depending on the specifi...
The United States Supreme Court has enumerated a constitutionally protected parental right to contr...
Despite its grounding in a specific and peculiar set of facts, the strict scrutiny mandate of Wiscon...
Although it is virtually undisputed that children have some Fourth Amendment rights independent of t...
In a series of cases in the 1920s, the Supreme Court affirmed a fundamental right of parents to dire...
The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any lega...
The purpose of this Article is to analyze the Santosky presupposition and demonstrate why it is misd...
In this symposium contribution for The Law of Parents and Parenting, we argue that parental rights a...
Discusses U.S. Supreme Court decisions dealing with the constitutional rights of children and parent...
Children have legal rights. Yet, children typically lack the legal capacity to represent their inter...
The article analyzes the Supreme Court’s decision in M.L.B. v. S.L.J., 519 U.S. 102 (1996), which he...
This Article will suggest that the right of autonomy, which limits state control over children, shou...
Parental rights are—and should remain—the backbone of family law. State deference to parents is warr...
Developing a legal framework for analyzing children\u27s rights is difficult. In part, this difficul...
Developing a framework for analyzing children\u27s rights issues is difficult due to the inherent te...
The scope, weight, and assignment of parental rights have been the focus of much debate among legal ...
The United States Supreme Court has enumerated a constitutionally protected parental right to contr...
Despite its grounding in a specific and peculiar set of facts, the strict scrutiny mandate of Wiscon...
Although it is virtually undisputed that children have some Fourth Amendment rights independent of t...
In a series of cases in the 1920s, the Supreme Court affirmed a fundamental right of parents to dire...
The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any lega...
The purpose of this Article is to analyze the Santosky presupposition and demonstrate why it is misd...
In this symposium contribution for The Law of Parents and Parenting, we argue that parental rights a...
Discusses U.S. Supreme Court decisions dealing with the constitutional rights of children and parent...
Children have legal rights. Yet, children typically lack the legal capacity to represent their inter...
The article analyzes the Supreme Court’s decision in M.L.B. v. S.L.J., 519 U.S. 102 (1996), which he...
This Article will suggest that the right of autonomy, which limits state control over children, shou...
Parental rights are—and should remain—the backbone of family law. State deference to parents is warr...
Developing a legal framework for analyzing children\u27s rights is difficult. In part, this difficul...
Developing a framework for analyzing children\u27s rights issues is difficult due to the inherent te...
The scope, weight, and assignment of parental rights have been the focus of much debate among legal ...
The United States Supreme Court has enumerated a constitutionally protected parental right to contr...
Despite its grounding in a specific and peculiar set of facts, the strict scrutiny mandate of Wiscon...
Although it is virtually undisputed that children have some Fourth Amendment rights independent of t...