Law Commons^™

The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre

Brigham Young University Journal of Public Law

No abstract provided.

Regulating Marriage In A New Environment, Carmen Garcimartin

Brigham Young University Journal of Public Law

No abstract provided.

The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel

Brigham Young University Journal of Public Law

No abstract provided.

Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang

Brigham Young University Journal of Public Law

No abstract provided.

An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich

Brigham Young University Journal of Public Law

No abstract provided.

Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry

Brigham Young University Journal of Public Law

No abstract provided.

I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher

Brigham Young University Journal of Public Law

No abstract provided.

A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm

Brigham Young University Journal of Public Law

No abstract provided.

The Future Of Justic Scalia's Predictions Of Family Law Doom, Robert E. Rains

Brigham Young University Journal of Public Law

No abstract provided.

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.

"Family Cycles" And The Future Of Family Law, Allan Carlson

Brigham Young University Journal of Public Law

No abstract provided.

Clark Memorandum: Fall 2013, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Looking Beyond the Stacks (David L. Armond and Shawn G. Nevers)
• A Lesson in Flying (RonNell Anderson Jones)
• Faith, Family, and Religious Freedom (Elder Jeffrey R. Holland)
• Instruments in His Hand (Elder Larry Echo Hawk)

Lock In: Loved Ones And Lawyers, Robert M. Daines

Vol. 3: Religious Conviction

This convocation address was given at Stanford Law School on June 16, 2012.

Ambiguity In Law And In Life, Bruce C. Hafen

Vol. 3: Religious Conviction

This address was given at BYU Law School on October 21, 2010. Adapted from The Broken Heart: Applying the Atonement to Life’s Experiences, expanded edition (2008), 211–226.

Mobility Measures, Naomi Schoenbaum

BYU Law Review

Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …

Indissoluble Nonresidential Parenthood: Making It More Than Semantics When Parents Share Parenting Responsibilities, Cynthia R. Mabry

Brigham Young University Journal of Public Law

No abstract provided.

Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley

Brigham Young University Journal of Public Law

No abstract provided.

Dilemmas Of Indissoluble Parenthood: Legal Incentives, Parenting, And The Work-Family Balance , Lynn D. Wardle

Brigham Young University Journal of Public Law

Building upon three main points developed by Patrick Parkinson in Family Law and the Indissolubility of Parenthood (2011), this paper shows that globally there is great legal interest in protecting parenting and parent-children relations; that issues grounded in the indissolubility of parenthood arise during ongoing marriages as well as after marital breakup (or nonformation); and that legal reforms to reduce or eliminate laws creating perverse incentives that impede effective, committed parenting should consider regulations regarding intact families as well as never-married and post-divorce families. This article reviews evidence of the deterioration of families and of parenting in society, including rising …

Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Law and Becoming (Elder D. Todd Christofferson)
• Ambiguity in Law and in Life (Elder Bruce C. Hafen)
• "Serve God, Love Me, and Mend" (Annette W. Jarvis)
• Do U.S. Courts Discriminate Against Treaties? (David H. Moore)

Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig

Brigham Young University Journal of Public Law

No abstract provided.

Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism, Laurence C. Nolan

Brigham Young University Journal of Public Law

No abstract provided.

Amae And Belonging—An Encounter Of The Japanese Psyche And The Waning Of Belonging In America, Akira Morita

Brigham Young University Journal of Public Law

No abstract provided.

The Boundaries Of Belonging: Allegiance, Purpose And The Definition Of Marriage, Lynn D. Wardle

Brigham Young University Journal of Public Law

This article addresses an important concept theme in family law scholarship: that of belonging. This paper will address the boundaries of belonging, the need to preserve boundaries to preserve communities, particularly the community of marriage, and to protect and maintain the opportunity and value of belonging to such communities. One of the paradoxes of belonging is that the need to belong also creates a need to exclude; in order for belonging to occur, there must be boundaries, standards defining the relationship, and criteria separating members of the group from nonmembers. The boundaries of marriage must reflect the key purposes of …

Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Lawyers and the Rule of Law (James D. Gordon III)
• The Truth About Media Subpoenas (RonNell Anderson Jones)
• A Mother's Pace (Gwyn Goodson McNeal)
• Liberty, Civility, and Professionalism (Ming W. Chin)
• Leaders and Learning (Kim B. Clark)

The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell

Brigham Young University Journal of Public Law

No abstract provided.

A Response To The "Conservative Case" For Same-Sex Marriage: Same-Sex Marriage And "The Tragedy Of The Commons", Lynn D. Wardle

Brigham Young University Journal of Public Law

After initially reporting on the status of the movement for same-sex marriage in the United States and around the world, this article reviews the five key claims of the "conservative case" for same-sex marriage ("we exist," stabilization, sexual taming, social gains, and no harm) and compares them to the seven core principles of conservatism (preservation, institutions, caution, experience, distrust, individualism, and morality). It finds that the claims for same-sex marriage are seriously deficient when measured against those conservative principles. It presents a conservative case against same-sex marriage both in terms of those key principles of conservatism as well by reference …

A Matter Of Conviction: Moral Clashes Over Same-Sex Adoption, Robin Fretwell Wilson

Brigham Young University Journal of Public Law

No abstract provided.

Clark Memorandum: Spring 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Learning from Our Conflicts (Gerald R. Williams)
• Aligning Our Ethical Compass (Deborah L. Rhode)
• Balancing Family, Church, and Profession (Annette W. Jarvis, Brent J. Belnap, Keith K. Hilbig, Marcus B. Nash, Steven E. Snow)
• The House that Rex Built (Dee v. Benson)

Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Grief and Hope (Hassan Jallow)
• Thoughts on the Family: A Proclamation to the World (Annette W. Jarvis)
• The Other Side of Time (Sheila K. McCleve)
• Utah's Board of Pardons and Parole (Jane H. Wise)

Clark Memorandum: Spring 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• In Search of Atticus Finch (Lance B. Wickman)
• Reflections on the Lord's Legal Storehouse (Craig D. Galli)
• Lifting Others (Jon Huntsman, Sr.)