Topic
Parens Patriae
34 published works
Bill Madden's Blog
Medical: Parens patriae – 17 year old.
By Bill Madden
Re AC [2026] NSWSC 236 (Link to Caselaw). The plaintiff hospital, H, sought orders in the parens patriae jurisdiction of the Court to authorise medical practitioners to administer blood, or blood products and similar therapies to the…
Bill Madden's Blog
Medical: Parens patriae decision 16 year old.
By Bill Madden
H v RJ [2024] NSWSC 1404 (Link to Caselaw). As stated in the catchwords for this decision, 16-year-old boy had a heart condition necessitating urgent treatment. In the unlikely event…
Paul W. Mollica Federal Courts Blog
State Need Not Allege A “Policy or Practice” Violation Against a Class of Citizens to Have Parens Patriae Standing in Federal Court, Second Circuit Holds
In New York v. Niagara-Wheatfield Central Sch. Dist., No. 22-2178 (2d Cir. Oct. 15, 2024), the Second Circuit reverses a Fed. R. Civ. P. 12(c) judgment on the pleadings, holding…
Legal Profession Blog
Dismissal Of Allegation That School District Failed To Address Student Complaints Reversed
The United States Court of Appeals for the Second Circuit reversed the dismissal of a case brought by the New York Attorney General against a school district On this appeal, we…
Family Law Prof Blog
Ferrer: “Razing & Rebuilding Delinquency Courts: Demolishing the Flawed Philosophical Foundation of Parens Patriae”
By Family Law
Eduardo Ferrer (Georgetown) has recently posted to SSRN his article Razing & Rebuilding Delinquency Courts: Demolishing the Flawed Philosophical Foundation of Parens Patriae, 54 Loyola University Chicago Law Journal (2023). …
Paul W. Mollica Federal Courts Blog
Fifth Circuit, in Reissued Decision, Expounds on Limits of State’s Parens Patriae Authority to Litigate in Federal Court in Behalf of Suspended Students
In Louisiana State v. Jefferson Parish School Board, No. 22-30143 (5th Cir. Aug. 22, 2023), the Fifth Circuit dismisses the State of Louisiana’s continuation of a case in federal court…
Bill Madden's Blog
Parens patriae: Authority for the confinement and medical treatment of a child.
By Bill Madden
Re Kara [2020] NSWSC 1083 (on Caselaw) concerned an Aboriginal child under the parental responsibility of the Minister for all aspects except culture and religion, with an extensive history of…
Bill Madden's Blog
Parens patriae – Permitting chemotherapy for child where parents decline to consent.
By Bill Madden
Re Ryder [2020] NSWSC 895 (available on Caselaw) came before the Court on the application of a hospital and the Minister for Health, as the parents of a young boy…
Wills, Trusts & Estates Prof Blog
Article on Parens Patriae and the Disinherited Child
Michael J. Higdon recently published an Article entitled, Parens Patriae and the Disinherited Child, Wills, Trusts, & Estates Law eJournal (2019). Provided below is an abstract of the Article.Most countries…
CAFA Law Blog
A Parens Patriae Action Is Not Removable Under CAFA
State of New Hampshire v Purdue Pharma, et al., 2018 WL 333824 (D.N.H. Jan. 9, 2018). In this action a New Hampshire district court found that a parens patriae case…