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Family Law

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Selected Works

2019

Family law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Constitutionalization Of Fatherhood, Dara Purvis Jul 2019

The Constitutionalization Of Fatherhood, Dara Purvis

Dara Purvis

Beginning in the 1970s, the Supreme Court heard a series of challenges to family law statutes brought by unwed biological fathers, questioning the constitutionality of laws that treated unwed fathers differently than unwed mothers. The Court’s opinions created a starkly different constitutional status for unwed fathers than for unwed mothers, demanding additional actions and relationships before an unwed father was considered a constitutional father. Although state parentage statutes have progressed beyond their 1970s incarnations, the doctrine created in those family law cases continues to have impact far beyond family law. Transmission of citizenship in the context of immigration law and …

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In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez May 2019

In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez

Macarena Saez

This Article argues that the Inter-American System of Human Rights has contributed to a family system that embraces gender equality and non-heterosexual and gender non-conforming families.  It argues that the system had, from its inception, an expansive idea of the family that included associations outside marriage.  This was the basis for a robust development of the concepts of equality and non-discrimination by the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights.  Although the IACtHR has only decided a handful of cases related to the non-heterosexual family, its rich case law on equality and the right to …

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