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Articles 1 - 10 of 10
Full-Text Articles in Law
United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young
United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young
Faculty Scholarship
The Supreme Court’s recent decision in United States v. Windsor is best understood from a Legal Process perspective. Windsor struck down Section 3 of the federal Defense of Marriage Act (“DOMA”), which defined marriage as exclusively between a man and a woman for purposes of federal law. Much early commentary, including Professor Neomi Rao’s essay in these pages, has found Justice Kennedy’s opinion for the Court to be “muddled” and unclear as to its actual rationale. But the trouble with Windsor is not that the opinion is muddled or vague; the rationale is actually quite evident on the face of …
Marriage Fraud, Kerry Abrams
Marriage Fraud, Kerry Abrams
Faculty Scholarship
This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were voidable solely at the option of the injured party. The Article then explains how, in the twentieth century, a massive expansion of public benefits tied to marriage prompted new marriage fraud doctrines to develop in various areas of the law, shifting the concept of the injured party from the defrauded spouse to the public at large. It proposes a framework …
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
Duke Journal of Gender Law & Policy
[...] the supreme law of the land seems to embody a blatant contradiction. The Pakistani Constitution extends protection to an impressive catalog of fundamental rights, placing Pakistan in line with some of the most western-minded constitutional regimes in the world.3 At the same time, in contrast to the American-style constitutional commitment to separate church and state,4 the Pakistani regime is constitutionally committed to integrate the two, in the sense that all laws must conform to the injunctions of Islam as a condition of their constitutional validity.5 So the same Constitution that protects western fundamental rights also elevates Islamic law, a …
The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne
The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Becoming A Citizen: Marriage, Immigration, And Assimilation, Kerry Abrams
Becoming A Citizen: Marriage, Immigration, And Assimilation, Kerry Abrams
Faculty Scholarship
No abstract provided.
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Law and Contemporary Problems
The characterization of the rents, issues and profits from separate property brought into or acquired during marriage is discussed. There has been no comprehensive treatment of this issue in community property case law and literature in recent years.
Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham
Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham
Law and Contemporary Problems
The systems that have been created in community property states to address the management of various types of community property are surveyed, and an optimal managment system for marital property is recommended.
Legalizing Proxy Marriages, John S. Bradway
Family Watchdog, John S. Bradway
Tampering With Marriage, John S. Bradway