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Articles 1 - 6 of 6
Full-Text Articles in Law
Family And Juvenile Law, Lynne Marie Kohn
Family And Juvenile Law, Lynne Marie Kohn
University of Richmond Law Review
No abstract provided.
Friends With Benefits?, Laura A. Rosenbury
Friends With Benefits?, Laura A. Rosenbury
Michigan Law Review
Family law has long been intensely interested in certain adult intimate relationships, namely marriage and marriage-like relationships, and silent about other adult intimate relationships, namely friendship. This Article examines the effects of that focus, illustrating how it frustrates one of the goals embraced by most family law scholars over the past forty years: the achievement of gender equality, within the family and without. Part I examines the current scope of family law doctrine and scholarship, highlighting the ways in which the home is still the organizing structure for family. Despite calls for increased legal recognition of diverse families, few scholars …
Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin
Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin
Missouri Law Review
Part II of this article presents an overview of premarital agreement rules related to procedural and substantive fairness. Part III examines the relationship between the Restatement (First) of Conflict of Laws (hereinafter Restatement (First)) and the Restatement (Second) of Conflict of Laws (hereinafter Restatement (Second)), with a specific focus on the ability of parties to contractually predetermine controlling law in relationship to marital rights and obligations before they marry. Part IV analyzes the choice of law provision in the UPAA. Part V synthesizes the existing judicial treatment of choice of law provisions in premarital agreements in jurisdictions applying the Restatement …
Same-Sex Loving:Subverting White Supremacy Through Same-Sex Marriage, Adele M. Morrison
Same-Sex Loving:Subverting White Supremacy Through Same-Sex Marriage, Adele M. Morrison
Michigan Journal of Race and Law
This Article marks the 40th anniversary of Loving v. Virginia- the landmark decision that responded to the question of the constitutionality of anti-miscegenation laws by firmly stating that the fundamental right to marry could not be restricted by race-by taking up the issue of the case's applicability in the context of same-sex marriage. The invocation of Loving has generally been in a manner that invites comparisons between interracial and same-sex marriage. Pro same-sex marriage arguments that utilize this comparison-which has come to be known as the "Loving Analogy"-- include the decision's freedom of choice and antidiscrimination elements, but rarely …
The Lost Legislative History Of The Equal Rights Amendment: Lessons From The Unpublished 1983 Markup By The House Judiciary Committee, Paul Taylor, Philip G. Kiko
The Lost Legislative History Of The Equal Rights Amendment: Lessons From The Unpublished 1983 Markup By The House Judiciary Committee, Paul Taylor, Philip G. Kiko
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Mapping Alimony: From Status To Contract And Beyond, Gaytri Kachroo
Mapping Alimony: From Status To Contract And Beyond, Gaytri Kachroo
The University of New Hampshire Law Review
[Excerpt] “With the introduction of no-fault divorce, one spouse could unilaterally petition for divorce, in most states, by demonstrating a period of separation or the impossibility of reconciliation. The possibility that a marriage can be dissolved without a showing of fault has obliterated the need to seek consent from the other spouse contesting it. This can preclude the need for a mutually designed financial arrangement. Courts now play a greater role in such financial arrangements and are more likely to conform such financial arrangements to statutory standards. From state to state, despite the prevalence of such conforming by courts, resulting …