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Articles 1 - 26 of 26

Full-Text Articles in Law

For And Against Marriage: A Revision, Anita Bernstein Nov 2003

For And Against Marriage: A Revision, Anita Bernstein

Michigan Law Review

When anthropologist Henry Sumner Maine issued his famous proclamation that modern legal development evolved "from Status to Contract," he used juridical categories to make a statement about progress. Voluntary relations now build the law, Maine declared. The alternative to voluntary relations - identity-based legal labels to decree what people may and may not do - must relocate to the dustbin of history. Only a backwater society would keep them. American legal change in the century-plus since Maine's death in 1888 gives credence to the claim that status inexorably yields to contract. At one level, newer developments refute the Maine thesis. "Stalkers ...


Reconsidering The Mythical Advantages Of Cohabitation: Why Marriage Is More Efficient Than Cohabitation, Eric P. Voigt Oct 2003

Reconsidering The Mythical Advantages Of Cohabitation: Why Marriage Is More Efficient Than Cohabitation, Eric P. Voigt

Indiana Law Journal

No abstract provided.


Domestic Relations Marriage Generally: Remove The Requirement For Premarital Testing For Syphilis Prior To The Issuance Of A Marriage License, Fuller Judith Sep 2003

Domestic Relations Marriage Generally: Remove The Requirement For Premarital Testing For Syphilis Prior To The Issuance Of A Marriage License, Fuller Judith

Georgia State University Law Review

The Act removes the requirement for premarital blood testing when applying for a marriage license.


Live And Let Love (Reviewing Randall Kennedy, Interracial Intimacies: Sex, Marriage, Identity And Adoption (2003)), Kim Forde-Mazrui May 2003

Live And Let Love (Reviewing Randall Kennedy, Interracial Intimacies: Sex, Marriage, Identity And Adoption (2003)), Kim Forde-Mazrui

Kim Forde-Mazrui

No abstract provided.


The Last One Hundred Years: The Incredible Retreat Of Law From The Regulation Of Marriage, Katherine Shaw Spaht Feb 2003

The Last One Hundred Years: The Incredible Retreat Of Law From The Regulation Of Marriage, Katherine Shaw Spaht

Louisiana Law Review

No abstract provided.


The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock?, Chauncey Brummer Jan 2003

The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock?, Chauncey Brummer

Chauncey Brummer

Covenant marriage laws have been defended as a way of strengthening marriage and decreasing divorce rates. However, these laws may actually work against the state’s interest by placing limitations on marriage. Arkansas’s Covenant Marriage Act of 2001 was based on similar statutes in Louisiana and Arizona. A philosophical analysis of the Arkansas act showcases problems that may arise from covenant marriage generally. Ultimately, covenant marriage does not prevent divorce but prolongs an irreconcilable marriage to the harm of its parties. State policies of marital stability may be better served by other premarital options that reinforce marriage’s contractual ...


The State’S Perpetual Protection Of Adultery: Examining Koestler V. Pollard And Wisconsin’S Faded Adultery Torts, Nehal A. Patel Jan 2003

The State’S Perpetual Protection Of Adultery: Examining Koestler V. Pollard And Wisconsin’S Faded Adultery Torts, Nehal A. Patel

Nehal A. Patel

No abstract provided.


How Much Do Western Democracies Value Famiily And Marriage? : Immigration Law's Conflicted Answers, Nora V. Demleitner Jan 2003

How Much Do Western Democracies Value Famiily And Marriage? : Immigration Law's Conflicted Answers, Nora V. Demleitner

Scholarly Articles

None available.


Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle Jan 2003

Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle

Fordham Urban Law Journal

This Note discusses the issues surrounding intersex persons and the right to marry. The Comment first discusses the constitutional protection of the right to marry, intersex conditions, and case law regarding intersex, transsexual, and same-sex marriage. It further addresses the consequences for marriage when it is narrowly defined. Further, the Comment proposes an alternative solution to the one many courts have used. This solution allows an intersex person to self-designate her gender and be able to marry either a man or a woman. Finally, this Comment argues that if an intersex person can marry either a man or a woman ...


The Marriage Dower: Essential Guarantor Of Women's Rights In The West Bank And Gaza Strip, Heather Jacobson Jan 2003

The Marriage Dower: Essential Guarantor Of Women's Rights In The West Bank And Gaza Strip, Heather Jacobson

Michigan Journal of Gender & Law

This Article evaluates the impact that eliminating or reducing the marriage dower would have on the well-being of Muslim women in the West Bank and Gaza Strip. Although Palestinian women's rights organizations seek to eliminate dower on the grounds that it is a "burdensome custom" that is "inconsistent with the intifada's stated goal of improving women's status," in fact, the interaction between dower and other laws relating to marriage and divorce is such that the majority of women would be materially harmed by its discontinuance. Therefore, while the movement to eliminate dower may benefit the financially secure ...


From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton Jan 2003

From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton

Michigan Journal of Gender & Law

In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV ...


Is Marriage Obsolete?, Lynn D. Wardle Jan 2003

Is Marriage Obsolete?, Lynn D. Wardle

Michigan Journal of Gender & Law

Is legal marriage obsolete? Wardle thinks not. In order to understand why not, it is necessary first to grasp the significance of the focus of the discussion on the legal status of marriage. As this Introduction suggests, lack of legal marriage status does not prevent families and communities from treating couples as married nor does the law forbid couples from voluntarily providing each other "marital benefits." Nevertheless, whether marriage is obsolete at the beginning of the twenty-first century is an important question. This article analyzes four dimensions of that question.


Covenant Marriage Turns Five Years Old, Steven L. Nock, Laura Sanchez, Julia C. Wilson, James D. Wright Jan 2003

Covenant Marriage Turns Five Years Old, Steven L. Nock, Laura Sanchez, Julia C. Wilson, James D. Wright

Michigan Journal of Gender & Law

Part I of this article discusses public policy rationales behind covenant marriage legislation, describes relevant aspects of Louisiana's legislation, and summarizes the efforts of other states to enact covenant marriage legislation. Part II discusses methods of data collection and analysis and identifies the demographic characteristics of covenant married couples as opposed to standard married couples in Louisiana. Part III addresses the dynamics behind couples' choice to have a covenant versus standard marriage. Part IV is an analysis of couples' satisfaction with their marriage option and the gendered dynamics of different levels of satisfaction with the marital choice.


Marriage Law: Obsolete Or Cutting Edge?, Michigan Journal Of Gender & Law Jan 2003

Marriage Law: Obsolete Or Cutting Edge?, Michigan Journal Of Gender & Law

Michigan Journal of Gender & Law

Over the past hundred years, social and cultural expectations surrounding various forms of committed relationships have changed dramatically, and contemporary legal systems have struggled to adapt. The result has been an extraordinary opportunity to test fundamental assumptions about law, about the cultural understandings that are enforced through state power, and about the mechanisms that drive law's evolution. The Michigan Journal of Gender & Law has drawn together an exceptional group of panelists who will discuss these questions throughout the day.


Ending Marriage As We Know It, Nancy D. Polikoff Jan 2003

Ending Marriage As We Know It, Nancy D. Polikoff

Hofstra Law Review

No abstract provided.


"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay Jan 2003

"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay

Hofstra Law Review

No abstract provided.


State Interest And Marriage - The Theoretical Perspective, Brian H. Bix Jan 2003

State Interest And Marriage - The Theoretical Perspective, Brian H. Bix

Hofstra Law Review

No abstract provided.


Conference On Marriage Families And Democracy: Foreword, Jordan Leigh Santeramo Jan 2003

Conference On Marriage Families And Democracy: Foreword, Jordan Leigh Santeramo

Hofstra Law Review

No abstract provided.


The Bonds Of Matrimony And The Bonds Of Constitutional Democracy, Lynn D. Wardle Jan 2003

The Bonds Of Matrimony And The Bonds Of Constitutional Democracy, Lynn D. Wardle

Hofstra Law Review

No abstract provided.


Unbundling Marriage, James Herbie Difonzo Jan 2003

Unbundling Marriage, James Herbie Difonzo

Hofstra Law Review

Marriage is emerging as a “bundle” of legal benefits and burdens. The history of domestic relations has produced a cornucopia of family arrangements, and the yield shows no signs of diminishing. At the same time, our yearning for a halcyon past has led many to the erroneous belief that the family formation consisting of two parents and the children of their ‘til-death-do-they-part union is the only culturally authentic and “traditional” one. In fact, as Michael Grossberg has observed, our domestic past has been characterized by “the constant reality of American family diversity.” As twenty-first century families are exploring new contours ...


Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain Jan 2003

Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain

Hofstra Law Review

This article takes up the question: Should family law and policy move beyond marriage? It assesses a spectrum of answers to that question. Rejecting proposals, on the one hand, to shore up traditional marriage, and, on the other, to abolish marriage, it argues that family law and policy should not move wholly beyond marriage, but should support marriage in a way that better fosters greater equality within and among families. The article is part of a symposium on "Marriage, Families, and Democracy," published in 32 Hofstra Law Review 23-421 (2003).


Critical Familism, Civil Society, And The Law, Don Browning Jan 2003

Critical Familism, Civil Society, And The Law, Don Browning

Hofstra Law Review

No abstract provided.


Toward Equal Regard For Marriages And Other Imperfect Intimate Affiliations, Judith Stacey Jan 2003

Toward Equal Regard For Marriages And Other Imperfect Intimate Affiliations, Judith Stacey

Hofstra Law Review

No abstract provided.


The Uniform Probate Code's Elective Share: Time For A Reassessment, Lawrence W. Waggoner Jan 2003

The Uniform Probate Code's Elective Share: Time For A Reassessment, Lawrence W. Waggoner

Articles

In this Article, Professor Waggoner proposes reforms to the Uniform Probate Code's (UPC) treatment of the elective share of the surviving spouse. First, the Article recommends that the UPC adopt a form of presentation that more transparently reflects the normative theories and empirical assumptions underlying the UPC's elective share framework. Second, the Article presents demographic data suggesting that the UPC's current elective share approximation schedule may be inappropriatef or a sizable faction of married couples, those remarryingf ollowing widowhood. Finally, the Article proposes two substantive revisions to the UPC's election share framework-the first proposal is to ...


Intimate Affiliation And Democracy: Beyond Marriage?, Linda Mcclain Jan 2003

Intimate Affiliation And Democracy: Beyond Marriage?, Linda Mcclain

Faculty Scholarship

This article takes up the question: Should family law and policy move beyond marriage? It assesses a spectrum of answers to that question. Rejecting proposals, on the one hand, to shore up traditional marriage, and, on the other, to abolish marriage, it argues that family law and policy should not move wholly beyond marriage, but should support marriage in a way that better fosters greater equality within and among families. The article is part of a symposium on "Marriage, Families, and Democracy," published in 32 Hofstra Law Review 23-421 (2003).


From Words To Sacrament, From Sacrament To Flesh: The Concept Of Marriage, Randy Lee Dec 2002

From Words To Sacrament, From Sacrament To Flesh: The Concept Of Marriage, Randy Lee

Randy Lee

No abstract provided.