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Full-Text Articles in Law

Marry Me, Bill: Should Cohabitation Be The (Legal) Default Option?, Margaret F. Brinig, Steven L. Nock Sep 2016

Marry Me, Bill: Should Cohabitation Be The (Legal) Default Option?, Margaret F. Brinig, Steven L. Nock

Margaret F Brinig

No abstract provided.


The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock Sep 2016

The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock

Margaret F Brinig

Family policy and the law based on it assume universals. That is, if marriage improves the welfare of the majority of couples and their children, it is worth pushing as a policy initiative. Further, laws will be written (or kept on the books) that privilege marriage over other family forms. Similarly, research that tells us that divorce harms children except following the relatively small number of highly conflicted marriages, spawns efforts to preserve troubled marriages or even to roll back liberal or relatively inexpensive divorce laws. With yet another example, since adopted children mostly do better than children left either …


The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig Sep 2016

The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Analytical And Comparative Variations On Selected Provisions Of Book One Of The Louisiana Civil Code With Special Consideration Of The Role Of Fault In The Determination Of Marital Disputes, Thomas E. Carbonneau Apr 2016

Analytical And Comparative Variations On Selected Provisions Of Book One Of The Louisiana Civil Code With Special Consideration Of The Role Of Fault In The Determination Of Marital Disputes, Thomas E. Carbonneau

Thomas Carbonneau

This article is intended to be a type of "structuralist" commentary upon selected provisions in Book I of the Louisiana Civil Code. Its sole purpose is to illustrate, both for pedagogical and doctrinal reasons, some of the analytical difficulties to which these code provisions might give rise when they are read in a close textual fashion. It should be emphasized that this study is a textual commentary and not a historical assessment of the sources or origins of the code texts – the latter analysis is outside the purview of the present endeavor. Accordingly, this article consists of a critical …


Rethinking Tax Priorities: Marriage Neutrality, Children, And Contemporary Families, James M. Puckett Apr 2016

Rethinking Tax Priorities: Marriage Neutrality, Children, And Contemporary Families, James M. Puckett

James Puckett

Tax scholarship has long struggled with whether married taxpayers should be taxed differently from unmarried taxpayers. Currently, married taxpayers are subject to different tax rates than unmarried taxpayers, and may file a joint tax return. A married couple may pay a higher or lower amount of tax than an unmarried couple with the same total income, and a single person generally pays more tax on a given income than a married couple with a single earner with the same income. These outcomes are difficult to reconcile with a commitment to income tax progressivity, which in theory requires that higher incomes …


Forty Years Of Loving: Confronting Issues Of Race, Sexuality, And The Family In The Twenty-First Century, Introduction, R. A. Lenhardt, Elizabeth B. Cooper, Sheila R. Foster, Sonia K. Katyal Apr 2016

Forty Years Of Loving: Confronting Issues Of Race, Sexuality, And The Family In The Twenty-First Century, Introduction, R. A. Lenhardt, Elizabeth B. Cooper, Sheila R. Foster, Sonia K. Katyal

Sonia Katyal

No abstract provided.


Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, Donald Beschle Jan 2016

Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, Donald Beschle

Donald L. Beschle

No abstract provided.


The Gravitational Force Of Federal Law, Scott Dodson Dec 2015

The Gravitational Force Of Federal Law, Scott Dodson

Scott Dodson

In the American system of dual sovereignty, states have primary authority over matters of state law. In nonpreemptive areas in which state and federal regimes are parallel—such as matters of court procedure, certain statutory law, and even some constitutional law—states have full authority to legislate and interpret state law in ways that diverge from analogous federal law. But, in large measure, they don’t. It is as if federal law exerts a gravitational force that draws states to mimic federal law even when federal law does not require state conformity. This paper is the first to explore the widespread phenomenon of …