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Full-Text Articles in Law
The Categorical Distinction Between Adolescents And Adults: The Supreme Court's Juvenile Punishment Cases—Constitutional Implications For Regulating Teenage Sexual Activity, Martin R. Gardner
Brigham Young University Journal of Public Law
I undertake in this article the task of exploring the impact of the punishment cases in resolving one particular controversial family law issue involving the possible existence of a juvenile’s constitutional right to engage in sexual conduct prohibited by the state and against the wishes of that juvenile’s parents. While the Supreme Court has seldom decided cases involving direct claims by children of constitutional rights disfavored by their parents, assertions by minors of constitutionally protected sexual liberty have become more prevalent of late in light of the Supreme Court’s recognition in Lawrence v. Texas of a constitutionally protected right, at …
To Prevent And To Protect: The Reporting Of Child Abuse By Educators, Jon M. Hogelin
To Prevent And To Protect: The Reporting Of Child Abuse By Educators, Jon M. Hogelin
Brigham Young University Education and Law Journal
No abstract provided.
Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser
Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser
Brigham Young University Journal of Public Law
No abstract provided.
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
Brigham Young University Journal of Public Law
No abstract provided.
The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless
The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless
Brigham Young University Journal of Public Law
On the difficult moral issues confronting the judiciary today, a long overlooked bit of guidance is provided in the Declaration of Independence, natural law. This paper discusses the moral foundations of the Constitution and their relation to positive law, primarily addressing "same-sex marriage" in the context of Proposition 8 in California, but broadly applicable to other moral/legal conflicts such as abortion and the display of religious texts on public grounds, such as the Ten Commandments. It also challenges the judicial activism evident in many such cases as a judicial violation of the requirements of substantive due process.
“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro
“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro
Brigham Young University Journal of Public Law
No abstract provided.
The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin
The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann
The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann
Brigham Young University Journal of Public Law
No abstract provided.
Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
How The Battle To Redefine Marriage Affected Family Law In Argentina, Ursula C. Basset
How The Battle To Redefine Marriage Affected Family Law In Argentina, Ursula C. Basset
Brigham Young University Journal of Public Law
No abstract provided.
Pulling Back The Curtains: Undetected Child Abuse And The Need For Increased Regulation Of Home Schools In Missouri, Tyler Barnett
Pulling Back The Curtains: Undetected Child Abuse And The Need For Increased Regulation Of Home Schools In Missouri, Tyler Barnett
Brigham Young University Education and Law Journal
No abstract provided.
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 …
Surging Intercountry Adoptions In Africa: Paltry Domestication Of International Standards, Joseph M. Isanga
Surging Intercountry Adoptions In Africa: Paltry Domestication Of International Standards, Joseph M. Isanga
Brigham Young University Journal of Public Law
No abstract provided.
When Is Parenthood Dissoluble?, Patrick Parkinson
When Is Parenthood Dissoluble?, Patrick Parkinson
Brigham Young University Journal of Public Law
No abstract provided.
Mediating The Indissoluble Family: Mediator Style In Domestic Relations Cases, Carolynn Clark Camp
Mediating The Indissoluble Family: Mediator Style In Domestic Relations Cases, Carolynn Clark Camp
Brigham Young University Journal of Public Law
No abstract provided.
A Proposal For A Feasible, First-Step, Legislative Agenda For Divorce Reform, Alan J. Hawkins
A Proposal For A Feasible, First-Step, Legislative Agenda For Divorce Reform, Alan J. Hawkins
Brigham Young University Journal of Public Law
No abstract provided.
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 …
On The Child's Need To Be One's Self, Ya'ir Ronen
On The Child's Need To Be One's Self, Ya'ir Ronen
Brigham Young University Journal of Public Law
No abstract provided.
Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater
Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater
BYU Law Review
The highest courts in California, Connecticut, and Iowa recently held that the constitutional norm of equality requires the redefinition of marriage from “the union of a man and a woman” to “the union of any two persons.” The argument leading to that holding, like all arguments, proceeds from premises that the argument does not prove but that serve as the starting point for reasoning. Those premises range from the nature of contemporary American marriage to the equivalence of the pre- and post-redefinition marriage institutions, to the social costs, if any, resulting from redefinition, and to marriage’s relationship with other social …
“Can They Do That?”: Why Religious Parents And Communities May Fear The Future Regarding State Interests And Custodial Law, Keith W. Barlow
“Can They Do That?”: Why Religious Parents And Communities May Fear The Future Regarding State Interests And Custodial Law, Keith W. Barlow
BYU Law Review
No abstract provided.
Unexplained Fractures In Infants And Child Abuse: The Case For Requiring Bone-Density Testing Before Convicting Caretakers, Matt Seeley
BYU Law Review
No abstract provided.
Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia Zug
BYU Law Review
No abstract provided.
Belonging In America: How To Understand Same-Sex Marriage, Robert A. Burt
Belonging In America: How To Understand Same-Sex Marriage, Robert A. Burt
Brigham Young University Journal of Public Law
No abstract provided.
The Boundaries Of Belonging: Allegiance, Purpose And The Definition Of Marriage, Lynn D. Wardle
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 …
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.
Where (In The World) Do Children Belong?, Annette Laquer Estin
Where (In The World) Do Children Belong?, Annette Laquer Estin
Brigham Young University Journal of Public Law
No abstract provided.
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
Brigham Young University Journal of Public Law
No abstract provided.
Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig
Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig
Brigham Young University Journal of Public Law
No abstract provided.