Law Commons^™

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of today’s …

Working Relationships, Laura A. Rosenbury

Laura A. Rosenbury

In this Essay written for the symposium on "For Love or Money? Defining Relationships in Law and Life," I extend my previous consideration of friendship to the specific context of the workplace, analyzing friendship through the lens of the ties that arise at work instead of those assumed to arise within the home. Many adults spend half or more of their waking hours at work, in the process forming relationships with supervisors, co-workers, subordinates, customers, and other third parties. Although such relationships are at times primarily transactional, at other times they take on intimate qualities similar to those of family …

The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman

Hadar Aviram

Amidst the recent legal victories and growing public support for same-sex marriage, numerous polyamorous individuals have expressed interest in pursuing legal recognition for marriages between more than two consenting adults. This Article explores the possibilities that exist for such a polyamorous marriage equality campaign, in light of the theoretical literature on law and social movements, as well as our own original and secondary research on polyamorous and LGBT communities. Among other issues, we examine the prospect of prioritizing the marriage struggle over other forms of nonmarital relationship recognition; pragmatic regulative challenges, like taxation, healthcare, and immigration; and how law and …

The Exploratory Study Of Custody And Visitation Rights For Children In Same-Sex Families, Valencia Tamir Johnson Dr.

Dr. Valencia T Johnson, PhD, EdD, Hon. D.Div, LLM, MS, BS

In today’s society, same-sex marriages are being legalize in some states with certain stipulations and statutory requirements in respected states. Since there are more states legalizing same-sex marriages, the courts are facing tougher challenges in Family Law that pertains to the Custody and Visitation Rights for Children in Same-Sex Families. Due to the lack of legal and judicial interpretation of statutory laws in the Custody and Visitation Rights for Children in Same-Sex Families, further research need to be explored. In addition, the article addresses the legal and judicial authority of interpreting the law in various states. The article provide a …

Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril

Robin S. Maril

Beginning in the 1980s, pro-family advocates lobbied the Reagan administration to take a stronger, more direct role in enforcing traditional family norms through agency rulemaking. In 1986 the White House Working Group on the Family published a report entitled, The Family: Preserving America’s Future, detailing what its authors perceived to be the biggest threats to the “American household of persons related by blood, marriage or adoption – the traditional . . . family.” These threats included a lax sexual culture carried over from the 1960s, resulting in rising divorce rates, children born “out of wedlock,” and increased acceptance of “alternative …

Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris

Angela P Harris

No abstract provided.

Prostitution Destroys Families, Anonymous In Providence, Donna M. Hughes Dr.

Donna M. Hughes

Salon 657 American Brothel In Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …