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Articles 1 - 21 of 21

Full-Text Articles in Law

Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton Sep 2019

Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Will Marriage Promotion Work?, Vivian E. Hamilton Sep 2019

Will Marriage Promotion Work?, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton Sep 2019

The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton

Vivian E. Hamilton

Age at marriage has for decades been the strongest and most unequivocal predictor of marital failure. The likelihood of divorce nears eighty percent for those who marry in mid-adolescence, then drops steadily. Delaying marriage until the mid-twenties reduces one’s likelihood of divorce to thirty percent. Women who marry at age twenty-one or younger, moreover – and one in ten U.S. women do – experience worse mental and physical health, attain less education, and earn lower wages than those who marry later. Post-divorce, they and their children tend to endure even greater economic deprivation and instability than do never-married mothers, who …


Why We Should Raise The Marriage Age, Vivian E. Hamilton Sep 2019

Why We Should Raise The Marriage Age, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Principles Of U.S. Family Law, Vivian E. Hamilton Sep 2019

Principles Of U.S. Family Law, Vivian E. Hamilton

Vivian E. Hamilton

What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it …


Why States Should Ban Adolescent Driving, Vivian E. Hamilton Sep 2019

Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor Sep 2019

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Vivian E. Hamilton

No abstract provided.


The Youth Vote Matters. But Just How Young Should Voters Be? [Part I], Vivian E. Hamilton Sep 2019

The Youth Vote Matters. But Just How Young Should Voters Be? [Part I], Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Just How Youthful Should Voters Be? Part Ii: Defining Electoral Decision-Making Competence, Vivian E. Hamilton Sep 2019

Just How Youthful Should Voters Be? Part Ii: Defining Electoral Decision-Making Competence, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Sep 2019

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Mistaking Marriage For Social Policy, Vivian E. Hamilton Sep 2019

Mistaking Marriage For Social Policy, Vivian E. Hamilton

Vivian E. Hamilton

This Article examines the role of marriage in society, focusing on the state's use of marriage as a proxy for desirable outcomes in social policy. Its analytical point of departure is the normative vision of modern marriage embraced by many of its proponents. From there, the idealized marriage is analyzed, not as a monolithic, opaque institution, but as one whose functional components may be identified and examined. The Article identifies the following as the primary functions of the normative marital family: expression; companionship; sex/procreation; caretaking; and economic support or redistribution. Analyzing the roles in society of each of these functions, …


Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton Sep 2019

Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Immature Citizens And The State, Vivian E. Hamilton Sep 2019

Immature Citizens And The State, Vivian E. Hamilton

Vivian E. Hamilton

Citizens are born, but they are also made. How its citizens come to be—whether the educations they receive will expand or constrain their future options, whether the values they assimilate will encourage or dissuade their civic engagement, etc.—fundamentally concerns the state. Through the power it wields over a vast range of policymaking contexts, the state can significantly influence (or designate those who will influence) many of the formative experiences of young citizens. Young citizens’ accumulated experiences in turn can significantly influence the future mature citizens they will become. The state insufficiently considers the cumulative nature of its citizens’ development, however. …


Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments, Vivian E. Hamilton Sep 2019

Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Just How Young Should Voters Be? Part Iv: Assessing Adolescents’ Electoral Competence, Vivian E. Hamilton Sep 2019

Just How Young Should Voters Be? Part Iv: Assessing Adolescents’ Electoral Competence, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton Sep 2019

Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton Sep 2019

Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Adulthood In Law And Culture, Vivian E. Hamilton Sep 2019

Adulthood In Law And Culture, Vivian E. Hamilton

Vivian E. Hamilton

Young people today come of age in a cultural and economic milieu that prolongs their attainment of the traditional markers of adulthood. Their subjective conceptions of the transition to adulthood also depart radically from the traditional conception, with its emphasis on discrete transition events (including marriage and entry into the workforce). Instead, the modern transition to adulthood is a gradual process comprising the acquisition of general capabilities, rather than the achievement of externally constructed events. The state-established age of legal majority stands in marked contrast to this gradual and prolonged process. Not only does it categorically establish the inception of …


Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian E. Hamilton Sep 2019

Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


How Young Should Voters Be?: 16-Year-Olds’ Entitlement To The Most Basic Civil Right [Part V], Vivian E. Hamilton Sep 2019

How Young Should Voters Be?: 16-Year-Olds’ Entitlement To The Most Basic Civil Right [Part V], Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Family Structure, Children, And Law, Vivian E. Hamilton Sep 2019

Family Structure, Children, And Law, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.