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Law and Gender

Selected Works

2011

Domestic Relations

Articles 1 - 4 of 4

Full-Text Articles in Law

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Nov 2011

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …


Marriage As Partnership, Sanford N. Katz Oct 2011

Marriage As Partnership, Sanford N. Katz

Sanford N. Katz

In this essay honoring Professor Mary Ann Glendon, the author discusses the contract of partnerships concept of marriage as it applies to antenuptial agreements, cohabitation contracts, and property settlement agreements, the three contexts about which Professor Glendon has written in her books The New Family and the New Property (1981) and The Transformation of Family Law (1996).


The Ongoing Debate About Mediation In The Context Of Domestic Violence: A Call For Empirical Studies Of Mediation Effectiveness, Susan Landrum Jan 2011

The Ongoing Debate About Mediation In The Context Of Domestic Violence: A Call For Empirical Studies Of Mediation Effectiveness, Susan Landrum

Susan Landrum

For approximately three decades, scholars, mediators, and domestic violence victims’ advocates have debated whether mediation is an appropriate way to approach family law issues where the parties have a history of domestic violence. Those debates have addressed whether mediation is ever appropriate where there is a history of domestic violence and, if so, when it may be used and how the mediation process can provide for victims’ safety and fair mediation outcomes. There has also been much discussion about the need for mediator and attorney training on domestic violence issues, the proper design of effective screening processes, and the form …


A Modest Proposal: To Deport The Children Of Gay Citizens, & Etc: Immigration Law, The Defense Of Marriage Act And The Children Of Same-Sex Couples, Scott Titshaw Jan 2011

A Modest Proposal: To Deport The Children Of Gay Citizens, & Etc: Immigration Law, The Defense Of Marriage Act And The Children Of Same-Sex Couples, Scott Titshaw

Scott Titshaw

The Defense of Marriage Act (DOMA), which defines the terms “marriage” and “spouse” for federal purposes, clearly prevents the recognition of same-sex spouses under U.S. immigration law. Unless judges and immigration officials are careful to limit it as Congress intended, DOMA might also have a tragic unintended effect on some parent-child relationships. The Immigration and Nationality Act (INA) employs terms like “born in wedlock” and “stepparent” to define parent-child relationships for various immigration and citizenship purposes. One could argue, therefore, that DOMA prevents INA recognition of parent-child relationships stemming from a same-sex marriage. These relationships determine whether a person can …