This Essay begins by reviewing Stanley v. Illinois, and outlines how that foundational case originally recognized parental rights in foster care cases yet became understood primarily as a private adoption case. Second, it explains how, simultaneously, family courts developed the One-Parent Doctrine and a related doctrine making it difficult to transfer custody of a child from an abusive or neglectful parent in one state to a non-offending parent in another. Both doctrines violate Stanley by allowing the State to take custody of children without ever proving parental unfitness. Cases adopting these doctrines literally ignore Stanley. Third, this Essay argues that this trend may be changing with In re Sanders, which resuscitated Stanley’s cor...
Abuse and neglect cases involve constantly changing facts. They “are unlike civil cases, which typic...
Thesis (Ph.D.)--University of Washington, 2012Few legal proceedings in the U.S. have more profound c...
The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching con...
In 1972, the Supreme Court in Stanley v. Illinois declared that parents are entitled to a hearing on...
This Article helps describe the growth of parent representation through an analysis of Stanley v. Il...
This Article helps describe the growth of parent representation through an analysis of Stanley v. Il...
Stanley v. Illinois is one of the Supreme Courts more curious landmark cases. The holding is well kn...
A parent\u27s constitutional right to raise his or her child is one of the most venerated liberty in...
In Illinois, the “liberty interests of parents” are reflected in the “superior rights doctrine,” whi...
Summary INTRODUCTION Joan Stanley died of cancer in 1968, leaving behind her unmarried partner of ei...
It may seem counterintuitive, but children in foster care are more likely to achieve permanency if w...
This Article will suggest that the right of autonomy, which limits state control over children, shou...
The Supreme Court\u27s decision in DeShaney v. Winnebago County Department of Social Services declar...
Even without a majority rationale, the opinions in Troxel v. Granville, 530 U.S. 57 (2000), support ...
First, this Essay demonstrates that, because the best interests standard that states use in awa...
Abuse and neglect cases involve constantly changing facts. They “are unlike civil cases, which typic...
Thesis (Ph.D.)--University of Washington, 2012Few legal proceedings in the U.S. have more profound c...
The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching con...
In 1972, the Supreme Court in Stanley v. Illinois declared that parents are entitled to a hearing on...
This Article helps describe the growth of parent representation through an analysis of Stanley v. Il...
This Article helps describe the growth of parent representation through an analysis of Stanley v. Il...
Stanley v. Illinois is one of the Supreme Courts more curious landmark cases. The holding is well kn...
A parent\u27s constitutional right to raise his or her child is one of the most venerated liberty in...
In Illinois, the “liberty interests of parents” are reflected in the “superior rights doctrine,” whi...
Summary INTRODUCTION Joan Stanley died of cancer in 1968, leaving behind her unmarried partner of ei...
It may seem counterintuitive, but children in foster care are more likely to achieve permanency if w...
This Article will suggest that the right of autonomy, which limits state control over children, shou...
The Supreme Court\u27s decision in DeShaney v. Winnebago County Department of Social Services declar...
Even without a majority rationale, the opinions in Troxel v. Granville, 530 U.S. 57 (2000), support ...
First, this Essay demonstrates that, because the best interests standard that states use in awa...
Abuse and neglect cases involve constantly changing facts. They “are unlike civil cases, which typic...
Thesis (Ph.D.)--University of Washington, 2012Few legal proceedings in the U.S. have more profound c...
The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching con...