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Articles 1 - 13 of 13

Full-Text Articles in Law

The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner Oct 2006

The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner

William & Mary Journal of Race, Gender, and Social Justice

This article examines child custody and visitation cases in which courts operate under the assumption that parents who live openly as sexual minorities will harm their children. Based on this assumption, courts frequently impose restrictions on parents, requiring them to live closeted lives in order to have access to their children. Part I of this article introduces the concept of the judicially imposed closet as courts have applied it through several custody and visitation cases. Part II examines social science research concerning the psychological impact of "family secrets" on parents and children as well as research on sexual minority parenting ...


Form And Substance In Parentage Law, Lynn D. Wardle Oct 2006

Form And Substance In Parentage Law, Lynn D. Wardle

William & Mary Bill of Rights Journal

No abstract provided.


Embryo Donation: The Government Adopts A Cause, Jaime E. Conde Oct 2006

Embryo Donation: The Government Adopts A Cause, Jaime E. Conde

William & Mary Journal of Race, Gender, and Social Justice

The disposition of cryopreserved supernumerary embryos has become a divisive issue that puts to test the tenets of the "culture of life" promoted by the Vatican and President George W. Bush. The Bush administration has spent millions of dollars to promote "embryo adoptions" while imposing restrictions on federal funding for embryonic stem cell research. On the other hand, contemporary Catholic moral theologians and philosophers disagree on the question of the morality of embryo "rescue" or "adoption" because the Church strongly opposes in vitro fertilization, the donation of gametes and embryo cryopreservation, as evidenced recently during the Italian fertility law referendum ...


Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes Oct 2006

Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker Apr 2006

Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker

William & Mary Law Review

In this Article, Professor Colker argues that the legal system does not simply privilege those in marital relationships but has now begun to privilege those in "marriage-like" relationships through what she terms a marriage-mimicry model. She uses the law of domestic violence to critique this model. She traces the haphazard development of the law of domestic violence and argues that it has served to underprotect many of the victims of domestic violence because lawmakers have reflexively only provided legal recourse for those in marriage-like relationships without asking who is most in need of legal protection. She argues that the legal ...


Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd Feb 2006

Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd

William & Mary Bill of Rights Journal

No abstract provided.


To Protect And Defend: Assigning Parental Rights When Parents Are In Poverty, Karen Czapanskiy Feb 2006

To Protect And Defend: Assigning Parental Rights When Parents Are In Poverty, Karen Czapanskiy

William & Mary Bill of Rights Journal

No abstract provided.


A Child-Centered Approach To Parentage Law, James G. Dwyer Feb 2006

A Child-Centered Approach To Parentage Law, James G. Dwyer

William & Mary Bill of Rights Journal

No abstract provided.


The Constitutionality Of Best Interests Parentage, David D. Meyer Feb 2006

The Constitutionality Of Best Interests Parentage, David D. Meyer

William & Mary Bill of Rights Journal

No abstract provided.


Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox Feb 2006

Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox

William & Mary Bill of Rights Journal

No abstract provided.


Protecting Children By Preserving Parenthood, Jane C. Murphy Feb 2006

Protecting Children By Preserving Parenthood, Jane C. Murphy

William & Mary Bill of Rights Journal

No abstract provided.


Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson Jan 2006

Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson

Faculty Publications

These symposium remarks are a discussion of themes running through the Constitution, how the FMA, if adopted, might affect those themes, and why we ought to care. I first demonstrate that our Constitution is a thematic document, filled with broad, recognizable, and (mostly) coherent concepts. Separation of powers, representative democracy, federalism, individual liberty, and equality come readily to mind. I then explain that the thematic nature and the inter-coherence of these themes is critical in two ways: to identify those values held to be fundamental in our society, and to assist in the interpretation of the Constitution. The themes in ...


Principles Of U.S. Family Law, Vivian E. Hamilton Jan 2006

Principles Of U.S. Family Law, Vivian E. Hamilton

Faculty Publications

What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family ...