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Articles 1 - 30 of 51
Full-Text Articles in Law
Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger
Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger
BYU Law Review
No abstract provided.
From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle
From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle
BYU Law Review
Recognition across state and national borders of controversial forms of domestic relationships have existed throughout the history of conflict of laws, creating tension between two important principles: respect for comity and protection of valued domestic public policies. Drawing upon several examples, and particularly the history of international and intrastate recognition of slavery (a “domestic relationship”) in Anglo-American history, the article shows that despite the comity-based presumption of respect for legal status created in other jurisdictions, when strong public policies protective of domestic relations and status have been implicated, American states consistently have declined to give interstate recognition to those controversial …
The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers
The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers
BYU Law Review
No abstract provided.
Abortion Across State Lines, Joseph W. Dellapenna
Abortion Across State Lines, Joseph W. Dellapenna
BYU Law Review
No abstract provided.
Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser
Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser
BYU Law Review
No abstract provided.
Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner
Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner
American University Law Review
In the twilight days of 2007, Switzerland took decisive action to protect children who were being harmed by the application of the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Abduction Convention" or "Convention"). 1 Its Parliament passed the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults ("Swiss Act"). 2 The Swiss Act, which should enter into force in mid-2009, 3 gives important and necessary guidance to Swiss courts about the phrase "intolerable situation" in Article 13(b) of the Hague Abduction Convention. 4 The Swiss Act also directs …
Collaborative Family Law And Gender Inequalities: Balancing Risks And Opportunities, Wanda Wiegers, Michaela Keet
Collaborative Family Law And Gender Inequalities: Balancing Risks And Opportunities, Wanda Wiegers, Michaela Keet
Osgoode Hall Law Journal
Collaborative Law (CL) is a unique settlement process increasingly used by family lawyers. In this article, the authors examine the potential of CL to alleviate the impact of gendered differences in bargaining power between family clients. Proponents suggest that the more extensive involvement of lawyers in the CL process can prove more effective in dealing with vulnerable clients than either litigation or family mediation in their current forms. Drawing on the available literature on CL, their own empirical research, and the extensive literature on gender imbalances in mediation, the authors examine the likely impact of both the background norms and …
Are You Still My Mother, Interstate Recognition Of Adoption By Gays And Lesbians , Rhonda Wasserman
Are You Still My Mother, Interstate Recognition Of Adoption By Gays And Lesbians , Rhonda Wasserman
American University Law Review
Parents and their biological children routinely cross state borders safe in the assumption that the parent-child relationship will be recognized wherever they go. The central issue raised in this Article is whether the law guarantees parents and their adopted children the same security if the parents are gay. This question is part of a broader debate about the obligation of states to recognize changes in family status effected under the laws of other states, such as same-sex marriages and migratory divorces. The debate is divisive because it pits the family against the state; one state against another; and the needs …
The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen
The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen
William & Mary Journal of Race, Gender, and Social Justice
Do intact same-sex couples where one member of the couple became pregnant with assisted reproduction or was the primary adopter, and the other member became a parent through second parent adoption, understand the legal protections afforded them? In short the answer is no. An interesting family dynamic arises around those who can claim the true status as parent based on their legal understandings of parenthood and their interactions with the dominant culture. While high profile custody cases on this issue have been decided in the United States with varying results, no research has examined the impact of uneven legal protections …
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
William & Mary Bill of Rights Journal
No abstract provided.
Individualized Justice In Disputes Over Dead Bodies, Frances H. Foster
Individualized Justice In Disputes Over Dead Bodies, Frances H. Foster
Vanderbilt Law Review
In February 2007, the world had a ringside seat to a truly macabre fight. Under the glare of television cameras, Anna Nicole Smith's nearest but not dearest' battled in a Florida probate court over custody of her body. The parties agreed on only one point: "Anna Nicole Smith's appearance was a paramount issue to her." Yet, those same parties denied Anna Nicole after death the beauty she prized during life. Because of their protracted legal wrangling, Anna Nicole went to her grave a decomposed corpse in a closed casket. Anna Nicole Smith's tragic fate is by no means unique. For …
The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi
The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier
Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro
Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Inter-Religious Marriage From Socio-Historical Islamic Perspectives, Noryamin Aini
Inter-Religious Marriage From Socio-Historical Islamic Perspectives, Noryamin Aini
BYU Law Review
No abstract provided.
The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto
The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto
Washington and Lee Law Review
The Internal Revenue Code (the Code) contains numerous special rules applicable to the income taxation of persons related by marriage, birth, adoption, or ownership. This Article suggests a new approach to their analysis. Many basic tax rules assume that taxpayers are self-interested and unaffiliated. Where this assumption is incorrect, the Code makes adjustments to its otherwise applicable rules. Most of the resulting related-party antiavoidance rules apply only in the context of specified formal relationships-marriage, parent/child, or owner/business. The Article tests this thesis by comparing the income tax treatment of heterosexual married couples with that of gay couples in committed long-term …
Gonzales V. Carhart: Bringing Abortion Back Into The Family Law Fold, Helen M. Alvare
Gonzales V. Carhart: Bringing Abortion Back Into The Family Law Fold, Helen M. Alvare
Montana Law Review
Abortion Law
Effect In Montana Of Community-Source Property Acquired In Another State (And It's Impact On Montana Marriage, Dissolution, Estate Planning, Property Transfers, And Probate, Charles W. Willey
Montana Law Review
Community-Source Property
Korean Divorce Law On Claims For Property Division: Dividing Retirement Allowance In Divorce, Faye Y. Park
Korean Divorce Law On Claims For Property Division: Dividing Retirement Allowance In Divorce, Faye Y. Park
Washington International Law Journal
As South Koreans divorce closer to the retirement age, the issue of whether retirement allowance should be divided upon divorce has become more prevalent. The applicable law in the division of the retirement allowance in a divorce is Article 839-2 of the Civil Code. This article provides that property realized through the cooperation of both spouses shall be divided in divorce by agreement. The Korean courts have historically undervalued the contribution of spouses who provide housework by giving them less property in the division of acquired marital property. Retirement allowances pose problems because a spouse can contribute in acquiring them …
Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring
Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring
Buffalo Law Review
No abstract provided.
The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod
The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod
Brigham Young University Journal of Public Law
No abstract provided.
Polygamy And Same-Sex Marriage - Allies Or Adversaries Within The Same-Sex Marriage Movement, Jaime M. Gher
Polygamy And Same-Sex Marriage - Allies Or Adversaries Within The Same-Sex Marriage Movement, Jaime M. Gher
William & Mary Journal of Race, Gender, and Social Justice
This article addresses the charged slippery slope accusation that permitting same-sex marriage will inevitably lead to the legalization of polygamy. While same-sex marriage advocates generally distance their cause from polygamy and its disparaging history when responding to such accusations, this article determines whether that response is appropriate, or alternatively, whether the same-sex marriage movement could benefit from linkages between polygamy and same-sex marriage. In conducting the analysis, this article presents a nuanced discussion of marriage and its varying forms. Specifically, it examines the United States' historical regulation of polygamy, interrogates analogies between polygamy and same-sex marriage, compares cross-cultural practices and …
Till [My Parents'] Death Do Us Part: Exposing Testamentary Restrictions Placed On Marriages That Perpetuate Prejudice, Christina V. Bonfanti
Till [My Parents'] Death Do Us Part: Exposing Testamentary Restrictions Placed On Marriages That Perpetuate Prejudice, Christina V. Bonfanti
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell
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.
Same-Sex Marriage And Taxes, Stephen T. Black
Same-Sex Marriage And Taxes, Stephen T. Black
Brigham Young University Journal of Public Law
No abstract provided.
A Potential Lesson From The Israeli Experience For The American Same-Sex Marriage Debate, Shahar Lifshitz
A Potential Lesson From The Israeli Experience For The American Same-Sex Marriage Debate, Shahar Lifshitz
Brigham Young University Journal of Public Law
No abstract provided.
An Overview Of Recent Legal Developments In South Africa With Regard To The Position Of Lesbigay Parents And Children With Specific Reference To The Adoption Of Children, J. A. Robinson
Brigham Young University Journal of Public Law
No abstract provided.
The South African Civil Union Act 17 Of 2006: A Good Example Of The Dangers Of Rushing The Legislative Process, Bradley S. Smith, J. A. Robinson
The South African Civil Union Act 17 Of 2006: A Good Example Of The Dangers Of Rushing The Legislative Process, Bradley S. Smith, J. A. Robinson
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
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
A Matter Of Conviction: Moral Clashes Over Same-Sex Adoption, Robin Fretwell Wilson
Brigham Young University Journal of Public Law
No abstract provided.