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Full-Text Articles in Law
In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan
In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan
Faculty Publications
In 1972, the Supreme Court in Stanley v. Illinois declared that parents are entitled to a hearing on their fitness before the state places their children in foster care. Somewhat oddly, Stanley went on to be cited as a leading case regarding the rights of unwed fathers to object to private adoptions favored by mothers -- an issue not present in Stanley. Odder still, most states routinely violated Stanley in child welfare cases -- the context in which the Stanley rule arose. Most states apply the "one parent doctrine," which holds that finding one parent unfit justifies taking the child …
Same-Sex Divorce, Tracy A. Thomas
Same-Sex Divorce, Tracy A. Thomas
Akron Law Faculty Publications
Same-sex marriage is now legal in seventeen states and sixteen countries. The question increasingly being asked is how these couples can divorce. For those who remain in their home state or in a marriage equality state, the divorce process should be the same as for any other marriage. The problem arises because people are transient; couples often relocate for jobs or family, or they initially traveled out of their home state for the marriage. “In a highly mobile society, state bans on same-sex marriage have in many cases made untying the knot far harder than tying it in the first …
Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez
Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez
Articles in Law Reviews & Other Academic Journals
Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries …
From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff
From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
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