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Articles 1 - 30 of 38

Full-Text Articles in Law

Regulating Marriage In A New Environment, Carmen Garcimartin Nov 2016

Regulating Marriage In A New Environment, Carmen Garcimartin

Brigham Young University Journal of Public Law

No abstract provided.


The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre Nov 2016

The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre

Brigham Young University Journal of Public Law

No abstract provided.


The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel Nov 2016

The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel

Brigham Young University Journal of Public Law

No abstract provided.


Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang Nov 2016

Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang

Brigham Young University Journal of Public Law

No abstract provided.


An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich Nov 2016

An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich

Brigham Young University Journal of Public Law

No abstract provided.


Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry Dec 2015

Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry

Brigham Young University Journal of Public Law

No abstract provided.


I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher Jun 2015

I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher

Brigham Young University Journal of Public Law

No abstract provided.


A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm Jun 2015

A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm

Brigham Young University Journal of Public Law

No abstract provided.


The Future Of Justic Scalia's Predictions Of Family Law Doom, Robert E. Rains Jun 2015

The Future Of Justic Scalia's Predictions Of Family Law Doom, Robert E. Rains

Brigham Young University Journal of Public Law

No abstract provided.


The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon Jun 2015

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.


"Family Cycles" And The Future Of Family Law, Allan Carlson Jun 2015

"Family Cycles" And The Future Of Family Law, Allan Carlson

Brigham Young University Journal of Public Law

No abstract provided.


Clark Memorandum: Fall 2013, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Oct 2013

Clark Memorandum: Fall 2013, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


Ambiguity In Law And In Life, Bruce C. Hafen Feb 2013

Ambiguity In Law And In Life, Bruce C. Hafen

Vol. 3: Religious Conviction

This address was given at BYU Law School on October 21, 2010. Adapted from The Broken Heart: Applying the Atonement to Life’s Experiences, expanded edition (2008), 211–226.


Lock In: Loved Ones And Lawyers, Robert M. Daines Feb 2013

Lock In: Loved Ones And Lawyers, Robert M. Daines

Vol. 3: Religious Conviction

This convocation address was given at Stanford Law School on June 16, 2012.


Mobility Measures, Naomi Schoenbaum Nov 2012

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 ...


Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley May 2012

Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley

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 May 2012

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.


Dilemmas Of Indissoluble Parenthood: Legal Incentives, Parenting, And The Work-Family Balance , Lynn D. Wardle May 2012

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 ...


Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2011

Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig Mar 2011

Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig

Brigham Young University Journal of Public Law

No abstract provided.


The Boundaries Of Belonging: Allegiance, Purpose And The Definition Of Marriage, Lynn D. Wardle Mar 2011

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 ...


Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism, Laurence C. Nolan Mar 2011

Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism, Laurence C. Nolan

Brigham Young University Journal of Public Law

No abstract provided.


Amae And Belonging—An Encounter Of The Japanese Psyche And The Waning Of Belonging In America, Akira Morita Mar 2011

Amae And Belonging—An Encounter Of The Japanese Psyche And The Waning Of Belonging In America, Akira Morita

Brigham Young University Journal of Public Law

No abstract provided.


Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2009

Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell Mar 2008

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.


A Response To The "Conservative Case" For Same-Sex Marriage: Same-Sex Marriage And "The Tragedy Of The Commons", Lynn D. Wardle Mar 2008

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 Mar 2008

A Matter Of Conviction: Moral Clashes Over Same-Sex Adoption, Robin Fretwell Wilson

Brigham Young University Journal of Public Law

No abstract provided.


Clark Memorandum: Spring 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2007

Clark Memorandum: Spring 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2006

Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Clark Memorandum: Spring 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2006

Clark Memorandum: Spring 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum