Now showing items 51-60 of 91
The Precarious Path to Parenthood for Same Sex Couples
(ALM (formerly American Lawyer Media), 2022-10-28)
Whether by self-help or in vitro fertilization (IVF), the path to parenthood, particularly for same sex couples, can be complicated. Historically, if and when a same sex couple terminated its relationship, unless a person ...
A state is being sued for warehousing children with disabilities in foster care
Some PTRFs arguably take children who have already been traumatized and traumatize them further, by preventing them from interacting with peers outside of the system, by forcing them into on-campus schools, by failing to ...
Does a partition agreement present a justiciable controversy?
In Texas, where property accrued during marriage is presumptively community property, couples have the right to engage in contracts prior to marriage to change the character of their property. Moreover, spouses may ...
Are Fourth Amendment rights sufficiently protected whenCPS and DV cases are held virtually?
Many court hearings are now virtual. This means that some or all of the litigants and witnesses participate by video. Are virtual hearings compromising the Fourth Amendment rights of domestic violence victims/survivors ...
When can a juvenile be certified as an adult for a serious criminal offense?
(UNT Dallas College of Law, 2022)
When a minor commits a serious offense, the prosecutor may have discretion to petition the juvenile court to waive its jurisdiction. If the petition is successful, in lieu of the case being heard in juvenile court and the ...
A Claim of Material Variance Fails in a Child Fatality Case
In a recent article, American Enterprise Institute senior fellow Naomi Schaefer Riley writes, “There is something about the relationship between men and the children of other men in their home that can be quite volatile. ...
Children in psychiatric residential treatment facilities looking to courts to keep them in their communities
(American Bar Association, 2022-01-18)
In a recent case, class action plaintiffs alleged that the commissioner of the Alabama Department of Human Resources engaged in discriminatory practices in psychiatric residential treatment facilities.
Exactly when does attorney-client privilege attach?
When and how does the attorney-client privilege attach? Whether you find yourself engaged in conversation in the air, on the web or in person: Caveat Jurista!
How long must a court wait before terminating parental rights?
There are judges and associate judges who will give parents facing TPR every benefit of the doubt, and as much time as allowed by law. With the extensions allowed by Emergency Orders granted by the Texas Supreme Court, ...
Access to records can impact your case
Legislators and litigators alike hoped that revisions to the discovery rules would stop trial by ambush by mandating disclosures by each party to a case. Unfortunately, there are still many who either do not generate ...