Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, April 22, 2009

Undocumented Immigrants and the Battle for Custody

The New York Times reports today on the legal struggles faced by immigrants caught up in enforcement raids, who then face a loss of custody of their children. As the article characterizes the problem, "crackdowns against illegal immigrants thrust local courts into transnational custody battles and leave thousands of children in limbo."  The article reports on several current cases before the courts including a case currently before the Nebraska Supreme Court in which a mother had her parental rights terminated to her child after she was detained pending deportation.

To learn more about the issue, see "Creating Crisis: Immigration Raids and the Destabilization of Immigrant Families", 43 Wake Forest L. Rev. 391 (2008) by Professor David B. Thronson of UNLV Law.  The article is available at SSRN. (bgf)

April 22, 2009 in International | Permalink | Comments (0) | TrackBack (0)

Monday, April 20, 2009

Recent Scholarship: Women's Reproductive Health as a Protectable Interest

Beth Burkstrand-Reid, Visiting Assistant Professor at the University of Illinois College of Law's article: "The Invisible Woman: Availability and Culpability in Reproductive Health Jurisprudence"  will appear in a forthcoming issue of the Colorado Law Review.  In the article, Professor Burkstrand-Reid examines court decisions relating to contraception, abortion and childbirth and demonstrates consideration of women's reproductive health as a protectable interest is declining in reproductive health cases. She argues that this is being accomplished in significant part through application of one or both of two recurring devices. First, judges regularly -- and often inaccurately -- cite the theoretical availability of alternative reproductive health services as proof that women's health won't suffer even if a law curtailing reproductive rights is upheld.  Second, when alternatives are not available, decisions blame women for the lack of availability.

The article is available for download at SSRN

April 20, 2009 | Permalink | Comments (0) | TrackBack (0)

Sunday, April 19, 2009

Marriage Abolition?

Douglas Kmiec of Pepperdine appeared on the Colbert show advocating a position akin to marriage abolition.  See more on ConLawProf here.


April 19, 2009 in Marriage (impediments) | Permalink | Comments (0) | TrackBack (0)