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Articles 1 - 7 of 7
Full-Text Articles in Law
Mobility Measures, Naomi Schoenbaum
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
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
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
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 …
Exposing The Traditional Marriage Agenda, Jessica Feinberg
Exposing The Traditional Marriage Agenda, Jessica Feinberg
Northwestern Journal of Law & Social Policy
The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …
The Mother-Love Myth: The Effect Of The Provider-Nurturer Dichotomy In Custody Cases, Kalie Caetano
The Mother-Love Myth: The Effect Of The Provider-Nurturer Dichotomy In Custody Cases, Kalie Caetano
The Macalester Review
This paper is a discursive analysis that evaluates the effect of gender stereotypes relating to parenting roles and how they have influenced custody cases. Specifically it looks at the historically gendered distinction between the provider (typically the father) and the nurturer (typically the mother) and speculates as to how those identities may have initially formed in US society, what changes they have undergone and how these stereotypes still affect family court outcomes in cases of divorce. Particular focus is given to an article appearing in Working Mother magazine entitled “Custody Lost,” detailing a new trend in custody cases, which allegedly …
Legislating A Family-Friendly Workplace: Should It Be Done In The United States?, Marianne Delpo Kulow
Legislating A Family-Friendly Workplace: Should It Be Done In The United States?, Marianne Delpo Kulow
Northwestern Journal of Law & Social Policy
This Article reviews both domestic and international efforts to legislate a more family-friendly workplace, with an eye toward measuring the impact of these various initiatives and predicting both their future success and the likelihood of more widespread adoption. In particular, the Article reviews federal, state, and international legislative efforts to mandate: paid parental leaves; paid sick days; and flexible work arrangements. The Article then attempts to measure the effectiveness of such legislatively required, family-friendly policies by suggesting ways to measure and to predict the impact of U.S. legislative efforts to reconcile the conflicting responsibilities of work and parenthood. The Article …