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Full-Text Articles in Law
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Faculty Scholarship
No abstract provided.
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha M. Ertman
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha M. Ertman
Faculty Scholarship
Jane Larson's work and life enriched my own and others. Her intellectual framework - applying legal economic ideas of consent to feminist theory, backed up by legal history - suggest surprising practical solutions to problems ranging from the injuries of adultery and prostitution to housing in border towns.
The Future Of Family, Max D. Siegel
The Future Of Family, Max D. Siegel
Student Articles and Papers
The State organizes society into families, implicating and often ignoring various liberty and equality interests while fortifying a “traditional” family structure comprised of one man, one woman, and their mutually and exclusively conceived offspring. This structure has historically benefited the heterosexual elite within the United States, but modern advancements for sexual minorities suggest a new standard for State recognition of family. Queer liberation will erase the traditional family by rewriting its legal and social dimensions, resulting in laws and policies that track more closely with familial bonds outside a heteronormative, man-woman binary. This Article explores the ramifications of enhanced queer …
Theories Of Discrimination & Gay Marriage, Adam Farra
Theories Of Discrimination & Gay Marriage, Adam Farra
Maryland Law Review Online
No abstract provided.
Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks
Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks
Schmooze 'tickets'
No abstract provided.
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
Faculty Scholarship
In the piece, Professor Brad Wilcox and I ask who should care for children when their biological parents cannot? This is a question of potentially explosive dimensions under new definitions of legal parentage proposed in this volume of the WILLIAM & MARY BILL OF RIGHTS JOURNAL. This question is also important today for evaluating state adoption laws. A significant number of states bar consideration of a prospective adopter’s marital or non-marital status. We believe these laws miss an important opportunity to maximize the best interests of each child being placed. In this piece, we take an exclusively child-centered approach, drawing …
Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer
Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer
Faculty Scholarship
This article examines the recent history and current status of the marital presumption of paternity. It explores the social, economic and legal developments that have contributed to the erosion of the presumption, focusing in particular on the efforts of federal and state governments to identify and collect financial support from unmarried biological fathers. The article then describes the procedural and equitable doctrines that some courts and legislatures have used to bolster the marital presumption in the face of conflicting biological evidence. Finding these approaches problematic, the article advocates a revitalized marital presumption as a substantive rule of law. It argues …
Evaluating Marriage: Does Marriage Matter To The Nurturing Of Children?, Robin Fretwell Wilson
Evaluating Marriage: Does Marriage Matter To The Nurturing Of Children?, Robin Fretwell Wilson
Faculty Scholarship
Three decades ago, it would have been inconceivable for people to discuss seriously the idea of withdrawing the legal and financial support society gives to marriage. In recent years, however, thinkers and policymakers have given more serious thought to the possibility of eliminating marriage as a category entitled to the State’s support. An important consideration in this debate is whether keeping or eliminating the State’s support of marriage matters to the well-being of children. A wealth of studies contemplating modern family forms now exists, many of which invariably stack newer family structures up against the more traditional nuclear family. Until …
Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman
Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Reconstructing Marriage: An Intersexional Approach, Martha M. Ertman
Reconstructing Marriage: An Intersexional Approach, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Legal Regulation Of Marriage: From Status To Contract And Back Again?, Jana B. Singer
Legal Regulation Of Marriage: From Status To Contract And Back Again?, Jana B. Singer
Faculty Scholarship
The purpose of this paper is to give a brief historical overview of the way in which the American legal system has traditionally regulated marriage.
Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer
Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer
Faculty Scholarship
No abstract provided.