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Articles 1 - 14 of 14
Full-Text Articles in Law
Leveling The Playing Field: Curing The Hidden Biases Against Fathers In Hawaii’S Child Custody Regime, Samuel C. Hodges
Leveling The Playing Field: Curing The Hidden Biases Against Fathers In Hawaii’S Child Custody Regime, Samuel C. Hodges
Samuel C. Hodges
No abstract provided.
The Three Waves Of Married Women’S Property Acts In The Nineteenth Century With A Focus On Mississippi, New York And Oregon, Joe Custer
Joe Custer
Paper starts with a brief section on early America and social reform that provides a background on why married women's property acts (MWPA's) passed when they did in nineteenth century America. After laying the foundation, the paper delves into the three waves in which the MWPA's were passed in the nineteenth century focusing for the first time in the literature on one specific state for each wave. The three states; Mississippi, New York and Oregon, are examined leading up to passage. Next, the paper will look into the judicial reaction of each State’s highest court. Were the courts supportive of …
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Judith A Hale Reed
Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …
Something To Lex Loci Celebrationis: Federal Marriage Benefits Following United States V. Windsor, Meg Penrose
Something To Lex Loci Celebrationis: Federal Marriage Benefits Following United States V. Windsor, Meg Penrose
Meg Penrose
This article provides one of the first substantive treatments of United States v. Windsor, the Supreme Court's recent same-sex marriage case. The article's thesis proposes lex loci celebrationis (the place of marriage) as the proper method for determining marriage for federal law purposes. Failure to adopt lex loci celebrationis may violate the Fifth Amendment equal protection guarantee or the constitutional right to travel. Further, adoption of the lex loci celebrationis standard furthers marital stability and predictability.
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Abraham Z Melamed
No abstract provided.
Tocqueville’S Slow And Steady Democratic Order In Light Of Us V. Windsor: Same Sex Marriage, And The Dilemma Of Majority Tyranny, Federalism, And Equality Of Conditions, Harry M. Hipler
Harry M Hipler
Tocqueville is a reliable interpreter of contemporary American life. His ideas written in the 1830s still resonate today. Tocqueville’s democratic order in Democracy in America (DA) is a dynamic process of socialization and democratization that balances liberty, authority, and equality of the individual in the community in order to obtain social and political justice. The USSC in US v. Windsor ruled that Section 3 of DOMA violated the doctrine of federalism and state sanctioned same-sex marriage. The decision followed Tocqueville’s gradual and progressive development of social and political justice that is crucial to a sustainable democratic order. In my research …
The Parent Trap: The Unconstitutional Practice Of Severing Parental Rights Without Due Process Of Law, Kendra H. Fershee
The Parent Trap: The Unconstitutional Practice Of Severing Parental Rights Without Due Process Of Law, Kendra H. Fershee
Kendra H Fershee
In 1997, Congress passed the Adoption and Safe Families Act (ASFA) to stem what it perceived to be an overreliance by states on foster care to provide a safe place for children whose parents had been accused of abuse or neglect. Prior to ASFA, many children were placed in foster care for extended periods of time while their parents were evaluated for their fitness and rehabilitative efforts were made to reunify families. Congress considered the time children spent in foster care as damaging to them because it left them uncertain about where they would live in the future. Congress, in …
A Home With Dignity: Domestic Violence And Property Rights, Margaret Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret Johnson
Margaret E Johnson
This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of homelessness and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides that continuing to share a home with the person who abused her receives little or no system support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its …
Caught In A Trap - Paternity Presumptions In Louisiana, Evelyn L. Wilson
Caught In A Trap - Paternity Presumptions In Louisiana, Evelyn L. Wilson
Evelyn L. Wilson
This article takes a critical look at revisions to Louisiana's 2005 law on presumptions of paternity and advocates for a change so that the presumptions more often reflects the reality that a child born during a later marriage is the child of the mother's current husband and not the child of the mother's former husband, as the 2005 law now presumes.
Manufacturing Moral Panic As Political Distraction: An Empirical And Social Theoretical Analysis Of Domas, Deirdre Bowen
Manufacturing Moral Panic As Political Distraction: An Empirical And Social Theoretical Analysis Of Domas, Deirdre Bowen
Deirdre M Bowen
This article offers the only empirical analysis to date of national data evaluating the claim that defense of marriage acts (DOMAs) preserve and stabilize the family. After concluding that they do not, the article analyzes what variables are, in fact, correlated with family stability. Specifically, the relationships between families below the poverty line, men and women married three or more times, religiosity, percent conservative versus liberal in a state, disposable income, percent with bachelor’s degree, and median age of first marriage, and marriage and divorce trends is fully explored. Next, the article applies the sociological concepts of moral entrepreneurism, which …
Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif
Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif
Jacob M Reif
No abstract provided.
I Wanna Marry You: The Irrelevancy And Distraction Of Doma, Deirdre Bowen
I Wanna Marry You: The Irrelevancy And Distraction Of Doma, Deirdre Bowen
Deirdre M Bowen
This article offers the only empirical analysis to date of national data evaluating the claim that defense of marriage acts (DOMAs) preserve and stabilize the family. The article examines marriage and divorce changes in trends for every state over the last ten years for which data is available comparing changes, if any, before and after a DOMA was enacted or same sex marriage was permitted. After concluding that DOMA does not play a role in either divorce or marriage changes in trends or rates, the article explores what variables are, in fact, correlated with family stability. Given that poverty, religiosity, …
Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril
Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril
Robin S. Maril
Beginning in the 1980s, pro-family advocates lobbied the Reagan administration to take a stronger, more direct role in enforcing traditional family norms through agency rulemaking. In 1986 the White House Working Group on the Family published a report entitled, The Family: Preserving America’s Future, detailing what its authors perceived to be the biggest threats to the “American household of persons related by blood, marriage or adoption – the traditional . . . family.” These threats included a lax sexual culture carried over from the 1960s, resulting in rising divorce rates, children born “out of wedlock,” and increased acceptance of “alternative …
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 …