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Full-Text Articles in Law
Same-Sex “Marriage” Under State Equal Rights Amendments, Paul Benjamin Linton
Same-Sex “Marriage” Under State Equal Rights Amendments, Paul Benjamin Linton
Saint Louis University Law Journal
No abstract provided.
“The Mere Allusion To Gender”: Answering The Charge That Marriage Is Sex Discrimination, William C. Duncan
“The Mere Allusion To Gender”: Answering The Charge That Marriage Is Sex Discrimination, William C. Duncan
Saint Louis University Law Journal
No abstract provided.
What Is Marriage For? The Public Purposes Of Marriage Law, Maggie Gallagher
What Is Marriage For? The Public Purposes Of Marriage Law, Maggie Gallagher
Louisiana Law Review
No abstract provided.
Rodriguez V. Rodriguez: Fault As A Determinative Factor In Alimony Awards In Nevada And Other Community Property Jurisdictions , Catherine Mazzeo
Rodriguez V. Rodriguez: Fault As A Determinative Factor In Alimony Awards In Nevada And Other Community Property Jurisdictions , Catherine Mazzeo
Nevada Law Journal
No abstract provided.
Relational Contract And Other Models Of Marriage, Robert Leckey
Relational Contract And Other Models Of Marriage, Robert Leckey
Osgoode Hall Law Journal
This article proposes relational contract as a model for analyzing marriage under Canadian law. In contrast, in Bracklow v. Bracklow, the Supreme Court of Canada recognized two "competing" models of marriage and three models of spousal support. The difficult policy issues in the law of spousal support relate not to a tension between different models but instead go to compensation, including reliance and expectations. This article uses relational contract to critique Bracklow, considering the challenges in defining models. The Court's basic social obligation model and its non-compensatory support are unjustifiably broad, and its compensatory support is too narrow. In assessing …
Defining Marriage: What Ballot Question 2 Doesn’T Do, Mary Lafrance
Defining Marriage: What Ballot Question 2 Doesn’T Do, Mary Lafrance
Scholarly Works
This article examines he oddly-worded initiative, which constituted Question 2 on Nevada’s 2002 ballot and explains how it was a bit of a puzzle, even two years after it was first sprung upon the electorate. Touted during its previous appearance in the 2000 election as a “definition of marriage,” this article shows how it is all too clear that the initiative was anything but that. Neither the initiative, nor any existing provision of Nevada law, made the slightest attempt to define marriage.
The Place Of Marriage In Democracy's Formative Project, Linda C. Mcclain
The Place Of Marriage In Democracy's Formative Project, Linda C. Mcclain
Faculty Scholarship
Shoring up the institution of marriage is a theme in the "mar riage movement" and in recent legislative debates over welfare reform and family policy. One common premise is that strength ening marriage and renewing a "marriage culture" is vital to national health and that the best way for government, at all lev els, to strengthen and support families and to foster the well being of children is to promote and support marriage (Marriage Movement; Bush, 2002) Calls to renew civil society identify marital, two-parent families as foremost among the seedbeds of civic virtue upon which our Nation depends for …
The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya C. Wright
The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya C. Wright
UF Law Faculty Publications
This article attempts to show that the inter-spousal custody cases of the nineteenth century created such a crisis in equity that they eventually demanded a new court structure and a new set of legal doctrines. The custody cases posed such a profound threat to the stability and authority of the Chancery courts that within fifty years an entirely new court system was required. That court system combined the tripartite jurisdictions of the law, equity, and ecclesiastical courts in matrimonial matters. While many scholars and historians have applauded that moment, I would suggest that the new court was merely a way …
Post-Colonialism, Gender, And Customary Injustice: Widows In African Societies, Uche Ewelukwa
Post-Colonialism, Gender, And Customary Injustice: Widows In African Societies, Uche Ewelukwa
Uche Ewelukwa
By amending discriminatory laws and practices related to the treatment of widows in Africa, widows can gain new rights based on evolving international human rights standards on equality. In Nigeria, both common law and statutes perpetuate discrimination against widows by subjecting them to dehumanizing treatment. The current laws ignore the deep social changes that have been present in Africa since the onset of colonialism. Due to the piecemeal way in which African legal systems were constructed, patently discriminatory laws are routinely upheld by the courts. This is done despite constitutional provisions espousing the principles of equality and non-discrimination, thereby creating …