RESPONSE TO TROXEL v. GRANVILLE

In today's world, children grow up in families that take many different forms, and society can no longer consider the traditional nuclear family the normal or optimal family structure. As a result, in cases of divorce, courts are increasingly relying on the results of psychological research when awarding custody and visitation privileges. In contrast to recent trends, however, the U.S. Supreme Court's majority decision in Troxel v. Granville favors biological parents' rights over the psychological interests of children. This article discusses the potential contributions of attachment theory to the contest between biology and psychology in America's divorce courts.     

TROXEL v. GRANVILLE AND THE BOUNDARIES OF THERAPEUTIC JURISPRUDENCE

Troxel v. Granville , a case arising out of the application of a statute permitting court-ordered grandparent visitation based on a judicial determination of the best interest of the child, provided the opportunity for the U.S. Supreme Court to demonstrate its receptivity to therapeutic concerns. The decade preceding Troxel had seen the emergence of a school of thought labeled "therapeutic jurisprudence" that seemed a perfect fit for addressing the subject matter before the Court. In this article, the author discusses the rise of therapeutic jurisprudence, its relevance to the subject matter before the Court in Troxel , and the lessons to be learned from the Court's failure to embrace therapeutic concerns in its resolution of this case.     

TRIAL COURTS' RESPONSES TO SUPREME COURT POLICY CHANGES

This is an exploratory study focusing on the response of federal district courts to Supreme Court changes in three policy areas: economic regulation, civil liberties, and criminal justice. An analysis of federal district court opinions published in the Federal Supplement before and after the Supreme Court decisions announcing the policy changes indicated that opinion-writing patterns of federal district judges changed in a manner consistent with the Supreme Court's new direction. Further study of the federal district courts' role in the policy process is recommended and suggestions for such research are made.     

IN THE AFTERMATH OF TROXEL V. GRANVILLE

While the Court in Troxel v. Granville opines about the problems litigation creates, that of both expense and intrusion into the lives of families in the midst of grandparent visitation disputes, the Court decision falls short of posing a solution. The focus of this note is to propose a standard for mediation as a viable alternative to traditional litigation in such cases. The hope is that mediation will serve the best interests of the child.     

THE BENEFITS AND RISKS OF CHILD CUSTODY EVALUATORS MAKING RECOMMENDATIONS TO THE COURT:

In their article, Tippins and Wittmann articulate a strong position against custody evaluators making specific custody recommendations to the court. This response will focus on my thoughts about their concepts and my belief that recommendations can be useful and appropriate some of the time, even though there may be significant problems with certain types of recommendations and problems with some evaluators.     

THE INEQUITY AND INAPPROPRIATENESS OF APPLYING STATUTES OF LIMITATIONS TO CIVIL ACTIONS ARISING FROM CHILDHOOD SEXUAL ABUSE

This research examines the long-term consequences of childhood sexual abuse, the unique circumstances surrounding such abuse, and how these circumstances lead to victims being unable to expeditiously initiate civil action against their abusers. The unfairness and the inappropriateness of applying traditional time limitation principals to plaintiff victims of childhood sexual abuse are then discussed. Finally, a more equitable test to be applied to cases involving actions by adult victims of childhood sexual abuse against their abusers is proposed.