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Topic: Child Custody

Beyond Law Enforcement: Camreta v. Greene, Child Protection Investigations, and the Need To Reform the Fourth Amendment Special Needs Doctrine

Josh Gupta-Kagan | Article

The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other special need, excusing non-law-enforcement searches and seizures from the warrant and probable cause requirements.  The United States Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not around those that threaten important noncriminal constitutional rights.

Child protection investigations illustrate the problem:  millions of times each year, state child protection authorities search families’ homes and seize children for interviews about alleged maltreatment.  Only a minority of these investigations [...]

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Darling Divas or Damaged Daughters? The Dark Side of Child Beauty Pageants and an Administrative Law Solution

Lucy Wolfe | Comment

Ever since TLC first aired the popular television show Toddler and Tiaras in 2009, the network has brought international scrutiny to this country’s child pageant industry. Viewers of all ages have been captivated to watch as a variety of colorful pageant parents (mostly moms) try to transform their young children (mostly girls) into pageant princesses, teaching them to dance on stage in tiny, sequined outfits, pumping them full of sugar and energy drinks, and adorning them with spray tans, fake hairpieces, and plenty of makeup.

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Interpreting Ne Exeat Rights as Rights of Custody: The United States Supreme Court’s Chance to Advance the Purposes of the Hague Convention on International Child Abduction

Jane A. Jackson | Comment

In Abbott v. Abbott, the United States Supreme Court will construe the Hague Convention on the Civil Aspects of International Child Abduction. Specifically, the Court will determine whether a ne exeat clause, which precludes a parent from taking his or her child out of the country without the other parent’s consent, is a “right of custody” for purposes of the Convention. The U.S. circuit courts are divided on the issue, and the approach of the majority of circuits is in opposition to the approach taken by the majority of foreign courts that have addressed the issue. This Comment argues that [...]

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