Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Family Law (27)
- Law and Gender (7)
- Sexuality and the Law (6)
- Law and Society (4)
- Legal History (4)
-
- Civil Rights and Discrimination (3)
- Labor and Employment Law (3)
- Law and Race (3)
- Family, Life Course, and Society (2)
- Inequality and Stratification (2)
- Legal Biography (2)
- Social and Behavioral Sciences (2)
- Sociology (2)
- Arts and Humanities (1)
- Business Organizations Law (1)
- Civil Law (1)
- Contracts (1)
- Courts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Gender and Sexuality (1)
- Immigration Law (1)
- Legislation (1)
- Politics and Social Change (1)
- Race and Ethnicity (1)
- State and Local Government Law (1)
- Tax Law (1)
- Institution
-
- Selected Works (15)
- Boston University School of Law (7)
- University of Michigan Law School (4)
- George Washington University Law School (2)
- University of Florida Levin College of Law (2)
-
- University of Maryland Francis King Carey School of Law (2)
- Duke Law (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Saint Louis University School of Law (1)
- SelectedWorks (1)
- The Peter A. Allard School of Law (1)
- University of Colorado Law School (1)
- University of Montana (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Wollongong (1)
- Publication
-
- Faculty Scholarship (9)
- Margaret F Brinig (7)
- GW Law Faculty Publications & Other Works (2)
- Martha M. Ertman (2)
- Michigan Law Review (2)
-
- UF Law Faculty Publications (2)
- All Faculty Publications (1)
- Erez Aloni (1)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1)
- Gerard V. Bradley (1)
- Indiana Journal of Law and Social Equality (1)
- Jeremiah A. Ho (1)
- Journal Articles (1)
- Michelle L. Drumbl (1)
- Michigan Journal of Gender & Law (1)
- Montana Law Review (1)
- Nevada Law Journal (1)
- Publications (1)
- Robert Rodes (1)
- Robin Fretwell Wilson (1)
- Saint Louis University Public Law Review (1)
- Scott Titshaw (1)
- Student Articles and Papers (1)
- University of Michigan Journal of Law Reform (1)
- Publication Type
- File Type
Articles 1 - 30 of 42
Full-Text Articles in Law
Natural Law And The Marriage Of Christians, Robert E. Rodes
Natural Law And The Marriage Of Christians, Robert E. Rodes
Robert Rodes
No abstract provided.
Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George
Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George
Gerard V. Bradley
No abstract provided.
Decoupling Taxes And Marriage: Beyond Innocence And Income Splitting, Michelle L. Drumbl
Decoupling Taxes And Marriage: Beyond Innocence And Income Splitting, Michelle L. Drumbl
Michelle L. Drumbl
None available.
Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton
Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton
Margaret F Brinig
No abstract provided.
Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig
Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock
Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock
Margaret F Brinig
One of the haunting claims of each poor, unmarried mother in Edin and Kefalas' Promises I Can Keep is that at least she can guarantee she will love her child, even though she cannot promise to make a lifelong commitment to a mate. That love, each young mother says, will be a sustaining gift both to her and the child. Similarly, in work done by sociologists McLanahan and Garfinkel to counteract the claim that it was not single parenting that made children's prospects dim, but poverty, sociologists have found that many of the bad effects of single parenting go away …
The Supreme Court's Impact On Marriage, 1967-90, Margaret F. Brinig
The Supreme Court's Impact On Marriage, 1967-90, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
From Family To Individual And Back Again, Margaret F. Brinig
From Family To Individual And Back Again, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig
The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
Rings And Promises, Margaret F. Brinig
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman
Martha M. Ertman
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.
For Nontraditional Names' Sake: A Call To Reform The Name-Change Process For Marrying Couples, Meegan Brooks
For Nontraditional Names' Sake: A Call To Reform The Name-Change Process For Marrying Couples, Meegan Brooks
University of Michigan Journal of Law Reform
In a large number of states, women are encouraged to take their husbands’ surnames at marriage by being offered an expedited name-change process that is shorter, less expensive, and less invasive than the statutory process that men must complete. If a couple instead decides to take an altogether-new name at marriage, the vast majority of states require that each spouse complete the longer statutory process. This name-change system emerged from a long history of naming as a way for men to dominate women. This Note emphasizes the need for name-change reform, arguing that the current system perpetuates antiquated patriarchal values …
What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho
What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho
Jeremiah A. Ho
The time may come, far in the future, when contracts and arrangements between persons of the same sex who abide together will be recognized and enforced under state law. When that time comes, property rights and perhaps even mutual obligations of support may well be held to flow from such relationships. But in my opinion, even such a substantial change in the prevailing mores would not reach the point where such relationships would be characterized as "marriages". At most, they would become personal relationships having some, but not all, of the legal attributes of marriage. And even when and if …
Removal Of The Impediment: The State Of Transgender Marriage In Montana, Wesley Parks
Removal Of The Impediment: The State Of Transgender Marriage In Montana, Wesley Parks
Montana Law Review
As of the date of this article, no Montana court has explicitly addressed transgender marriage. Of the numerous state courts outside Montana that have addressed transgender marriage, traditional, objective definitions of sex were used that fail to protect the privacy of transgender people and fail to apply laws equally throughout the entire transgender community. This article surveys in depth those out-of-state cases to illustrate the inconsistent reasoning courts have applied when addressing transgender marriage. Then, this article examines contemporary Montana cases regarding gay and lesbian privacy and equal protection. Synthesizing these sources, this article suggests that Montana pioneer transgender marriage …
Marital Status And Privilege, Laura A. Rosenbury
Marital Status And Privilege, Laura A. Rosenbury
UF Law Faculty Publications
This essay challenges the privilege attaching to marriage as a distinct form of relationship. Responding to Angela Onwuachi-Willig’s new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, the essay identifies the legal and extralegal privileges flowing not just to monoracial marriage but to marriage. States recognize and support one form of relationship between adults to the exclusion of all others, creating privilege that flows outside of the home into the workplace and beyond. Instead of arguing that such privilege should be distributed more equally between monoracial and multiracial couples, this essay seeks …
A Room With Many Views: A Response To Essays On According To Our Hearts: Rhinelander V. Rhinelander And The Multiracial Family, Angela Onwuachi-Willig
A Room With Many Views: A Response To Essays On According To Our Hearts: Rhinelander V. Rhinelander And The Multiracial Family, Angela Onwuachi-Willig
Faculty Scholarship
At the outset, l should note that I am very grateful to all contributors in this issue-Professors Kerry Abrams, Jacquelyn Bridgeman, Jennifer Chacon, Robin Lenhardt, and Laura Rosenbury for their insightful, powerful, and stirring reactions to my book According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, and to Professor Melissa Murray for her elegant Foreword to this issue. Reading the responses of these scholars whom I admire and respect has been exhilarating and affirming. Indeed, seeing the many ways in which just a small group of these reviewers have examined, interpreted, and even "felt" …
Work Wives, Laura A. Rosenbury
Work Wives, Laura A. Rosenbury
UF Law Faculty Publications
Traditional notions of male and female roles remain tenacious at home and work even in the face of gender-neutral family laws and robust employment discrimination laws. This Article analyzes the challenge of gender tenacity through the lens of the “work wife.” The continued use of the marriage metaphor at work reveals that the dynamics of marriage flow between home and work, creating a feedback loop that inserts gender into both domains in multiple ways. This phenomenon may reinforce gender stereotypes, hindering the potential of law to achieve gender equality. But such gender tenacity need not always lead to subordination. The …
The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman
The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman
Martha M. Ertman
This panel, moderated by Naomi Cahn, included presentations by Martha Ertman, Liza Mundy, and Jonathan Rauch.
Intimacy And Inequality: The Changing Contours Of Family Life, Richard R. Banks
Intimacy And Inequality: The Changing Contours Of Family Life, Richard R. Banks
Indiana Journal of Law and Social Equality
No abstract provided.
The Other Marriage Equality Problem, Linda C. Mcclain
The Other Marriage Equality Problem, Linda C. Mcclain
Faculty Scholarship
This article introduces the term “the other marriage equality problem” to invite attention to a marriage equality issue distinct from gay men's and lesbians’ access to the institution of civil marriage. That problem is captured in warnings about the growing class-based marriage divide and the “diverging destinies” of children that flow from these emerging patterns of family life, sometimes referred to as “the reproduction of inequalities.” Growing family inequality warrants attention for many reasons, including the crucial role that families, along with other institutions of civil society, play in sustaining the American experiment in “ordered liberty.” Strikingly, such warnings coexist …
What Would Be The Story Of Alice And Leonard Rhinelander Today?, Angela Onwuachi-Willig
What Would Be The Story Of Alice And Leonard Rhinelander Today?, Angela Onwuachi-Willig
Faculty Scholarship
On November 8, 2011, I presented this lecture as part of the annual Brigitte M. Bodenheimer Family Law Lecture Series at the University of California, Davis School of Law. I extend sincere thanks to the Bodenheimer family for endowing this special lecture. I feel honored to be a small part of this wonderful lecture series in family law. I feel particularly grateful because the University of California, Davis School of Law was my "birthplace" as a professor. Dean Rex Perschbacher, then Associate Dean Kevin Johnson, and the law school faculty welcomed me into academia by giving me my first job …
Black Marriage, White People, Red Herrings, Melissa Murray
Black Marriage, White People, Red Herrings, Melissa Murray
Michigan Law Review
Ralph Richard Banks's Is Marriage for White People? is worlds away from Agatha Christie's novels. Decidedly a work of nonfiction, Banks's book considers the plight of middle-class African Americans who, according to statistics, are the least likely of any demographic group to get and stay married. Despite these obvious differences, Is Marriage for White People? shares some important commonalities with Agatha Christie's mysteries. Banks seeks to solve a mystery, but red herrings draw attention away from the true issue that should be the subject of Banks's concern. The mystery, of course, is the black marriage decline. In 1950, 78 percent …
Family History: Inside And Out, Kerry Abrams
Family History: Inside And Out, Kerry Abrams
Michigan Law Review
The twenty-first century has seen the dawn of a new era of the family, an era that has its roots in the twentieth. Many of the social and scientific phenomena of our time - same-sex couples, in vitro fertilization, single-parent families, international adoption - have inspired changes in the law. Legal change has encompassed both constitutional doctrine and statutory innovations, from landmark Supreme Court decisions articulating a right to procreate (or not), a liberty interest in the care, custody, and control of one's children, and even a right to marry, to state no-fault divorce statutes that have fundamentally changed the …
From Romer V. Evans To United States V. Windsor: Law As A Vehicle For Moral Disapproval In Amendment 2 And The Defense Of Marriage Act, Linda C. Mcclain
From Romer V. Evans To United States V. Windsor: Law As A Vehicle For Moral Disapproval In Amendment 2 And The Defense Of Marriage Act, Linda C. Mcclain
Faculty Scholarship
This article considers the intertwined fates of Romer v. Evans and the Defense of Marriage Act (DOMA), which both date back to 1996. In United States v. Windsor, Justice Kennedy, writing for the majority, struck down Section 3 of DOMA, using Romer as a template. This article reflects on Romer as it bears on the use of law as a vehicle to express morality, in particular, “moral disapproval of homosexuality” and moral approval -- and the defense and nurture -- of “traditional, heterosexual marriage.” Proponents of Amendment 2 (struck down in Romer, in an opinion written by Justice Kennedy) and …
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
Robin Fretwell Wilson
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 …
A Diversity Approach To Parenthood In Family Life And Family Law, Linda C. Mcclain
A Diversity Approach To Parenthood In Family Life And Family Law, Linda C. Mcclain
Faculty Scholarship
Extraordinary changes in patterns of family life and family law have dramatically altered the boundaries of parenthood and opened up numerous questions and debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Is parenthood separable from marriage or couplehood when society seeks to foster childrens well-being? What is the better model of parenthood from the perspective of child outcomes? Intense disagreements over the definition and future of marriage often rest upon conflicting convictions about parenthood. What Is Parenthood? asks bold and direct questions about parenthood in contemporary society, and it brings together …
The Goals Of Marriage And Divorce In Missouri: The State’S Interest In Regulating Marriage, Privatizing Dependency, And Allowing Same-Sex Divorce, Sarah Bollasina Fandrey
The Goals Of Marriage And Divorce In Missouri: The State’S Interest In Regulating Marriage, Privatizing Dependency, And Allowing Same-Sex Divorce, Sarah Bollasina Fandrey
Saint Louis University Public Law Review
No abstract provided.
An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler
An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler
Michigan Journal of Gender & Law
As this Article shows, the conventional historical narrative of the divorce revolution is not so much incorrect as incomplete. Histories of the divorce revolution have focused disproportionately on the introduction of no-fault rules and have correctly concluded that women's groups did not play a central role in the introduction of such laws. However, work on divorce law has not adequately addressed the history of marital-property reform or engaged with scholarship on the struggle for the Equal Rights Amendment to the federal Constitution. Putting these two bodies of work in dialogue with one another, the Article provides the first comprehensive history …
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Scott Titshaw
When the Supreme Court struck down Section 3 of DOMA in United States v. Windsor, it eliminated a categorical barrier to immigration for thousands of LGBT families. Yet Windsor was not an immigration case, and the Court’s opinion did not address at least three resulting immigration questions: What if a same-sex couple legally marries in one jurisdiction but resides in a state that does not recognize the marriage? What if the couple is in a legally-recognized “civil union” or “registered partnership”? Will children born to spouses or registered partners in same-sex couples be recognized as “born in wedlock” for immigration …
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.