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Family Law

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Articles 301 - 330 of 330

Full-Text Articles in Civil Rights and Discrimination

The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott Jan 1996

The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott

Campbell Law Review

This Note examines the North Carolina Court of Appeals decision in Pulliam v. Smith. First, the Note discusses the facts of the case and the opinion of the North Carolina Court of Appeals. Then, the Note examines (1) child custody law in North Carolina; (2) North Carolina case law addressing the effect on the child of a custodial parent's sexual conduct and sexual orientation; and (3) child custody disputes in other jurisdictions which involve a custodial parent in an intimate same-sex relationship. Next, the Note analyzes the decision in Pulliam and its effect on child custody law in North …

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Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii Jan 1996

Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii

Campbell Law Review

No abstract provided.

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Abortion Rights In America, Joan R. Bullock Mar 1994

Abortion Rights In America, Joan R. Bullock

BYU Law Review

No abstract provided.

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Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin Jan 1992

Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin Jan 1992

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander Jan 1992

Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts Jan 1992

Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy Jan 1992

Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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International Union V. Johnson Controls, Inc.: Sex-Specific Fetal Protection Policies Of Employers Are Prohibited By Title Vii As Amended By The Pregnancy Discrimination Act, Amy H. Moorman Sep 1991

International Union V. Johnson Controls, Inc.: Sex-Specific Fetal Protection Policies Of Employers Are Prohibited By Title Vii As Amended By The Pregnancy Discrimination Act, Amy H. Moorman

West Virginia Law Review

No abstract provided.

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Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn Jul 1991

Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn

Osgoode Hall Law Journal

A married woman must take her husband's domicile at common law. This rule exists in five of Canada's provinces. It is argued that the rule violates the right to equality. It is further argued that, notwithstanding the Supreme Court's decision in Dolphin Delivery, the Charter must apply to common law rules governing the relationship between husband and wife. Such rules impose a status on the parties. Therefore, a commitment to respect for the autonomous choice of individuals does not support the conclusion that the rules should be beyond constitutional review.

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Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones Jan 1991

Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones

West Virginia Law Review

No abstract provided.

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A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman Apr 1990

A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman

Osgoode Hall Law Journal

This essay explores the feminist debates around gender difference and gender equality in the context of the Supreme Court of Canada's Pelech trilogy. It argues that the Court's approach to the enforcement of separation agreements does not adequately account for gender difference. Based on feminist critiques of difference, the essay then suggests an approach which might allow us to move beyond the dilemmas that difference presents to feminist legal theory and practice, and to the enforcement of separation agreements in particular.

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An Abused Child's Right To Life, Liberty, And Property In The Home: Constitutional Approval Of State Inaction, Michael J. Florio Sep 1989

An Abused Child's Right To Life, Liberty, And Property In The Home: Constitutional Approval Of State Inaction, Michael J. Florio

West Virginia Law Review

No abstract provided.

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The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York Jan 1988

The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York

Touro Law Review

No abstract provided.

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Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio Jan 1988

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

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Exclusion Of Families With Children From Housing, George Palmer Schober Jun 1985

Exclusion Of Families With Children From Housing, George Palmer Schober

University of Michigan Journal of Law Reform

This Note attempts to resolve the most significant problems raised by discrimination against children in housing. Part I briefly analyzes the prevalence of child exclusion in different types of housing. It also provides a statistical analysis of the rental housing market to enable the reader to gauge the extent of the problem in one type of housing. Part II discusses policy arguments supporting both those who seek to exclude children and those who advocate government policies forbidding exclusion. Part III then examines the various approaches that states have adopted in this area, as well as federal implications of the issue. …

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Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey Sep 1984

Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey

West Virginia Law Review

No abstract provided.

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Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman Apr 1983

Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman

West Virginia Law Review

No abstract provided.

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Illegitimacy: An Examination Of Bastardy, Michigan Law Review Mar 1983

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman

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Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker Jan 1979

Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker

University of Richmond Law Review

The children's rights movement is a unique phenomenon among the various "rights" efforts today. Nonetheless, it shares some superficial similarities with the other antildiscrimination movements. Children's rights, like those of blacks and women, concern the role of an identifiable segment of our society which has traditionally been placed at a legal and social disadvantage. The children's rights movement also espouses the reallocation of legal power as a means to correct this perceived imbalance. Further, it grew out of the same social currents, first apparent in the 1950's and 1960's, which produced the kindred civil rights efforts.

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Illegitimates And Equal Protection, David Hallissey Apr 1977

Illegitimates And Equal Protection, David Hallissey

University of Michigan Journal of Law Reform

Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.

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Domestic Relations--The Right Of A Married Woman To Retain Her Maiden Name, Diana L. Fuller Sep 1976

Domestic Relations--The Right Of A Married Woman To Retain Her Maiden Name, Diana L. Fuller

West Virginia Law Review

No abstract provided.

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Federal Invome Tax Discrimination Between Married And Single Taxpayers, Michael W. Betz Jan 1974

Federal Invome Tax Discrimination Between Married And Single Taxpayers, Michael W. Betz

University of Michigan Journal of Law Reform

This article explores the present tax rate structure and its implications, considers the historical events and policies which created four separate tax rates, analyzes the tax policies embodied by the different rate treatment of married and single taxpayers, and examines the constitutional problems involved in maintaining the present disparate tax treatment. An alternative tax rate treatment, which will avoid the discrimination inherent in the present system, is suggested.

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The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock Apr 1973

The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock

Buffalo Law Review

No abstract provided.

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The Difficult Quest For A Truly Humane Abortion Law, Donald A. Giannella Jan 1968

The Difficult Quest For A Truly Humane Abortion Law, Donald A. Giannella

Villanova Law Review

No abstract provided.

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Equal Protection For The Illegitimate, Harry D. Krause Jan 1967

Equal Protection For The Illegitimate, Harry D. Krause

Michigan Law Review

In our time the general constitutional phrase promising equal protection has become specific law. It has been used to invalidate many state statutes which discriminated on the basis of race or other arbitrary criteria. Definite rules have been developed for this process of invalidation. These rules will be applied below to state and federal legislation that favors the legitimate child and discriminates against the illegitimate in matters of inheritance rights, rights of support, rights of name and custody, and social welfare. The question that will be asked is whether state and federal legislation may constitutionally discriminate between children on the …

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Interracial Marriage: A Survey Of Statutes And Their Interpretations, Edward T. Wright Dec 1949

Interracial Marriage: A Survey Of Statutes And Their Interpretations, Edward T. Wright

Mercer Law Review

Laws prohibiting interracial marriages and interpretations of such laws have caused much confusion for lawyers, law students, and sociologists. Most discussion concerning this subject is based purely upon hearsay without reference to statutes or cases. A survey of the statutes prohibiting interracial marriages and decisions interpreting those statutes and a study of the effect of violating such statutes should aid in clarification. Only by understanding the present policy of the states and the reasons for such policy is it possible to make any intelligent speculation as to the future of this phase of the law.

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Recent Important Decisions, Michigan Law Review Apr 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Surety's Rights to Subrogation--Preferred Claim; Bills and Notes--Negotiability--Effect of Words "Not Transferable" Added to Negotiable Note; Bills and Notes--Transfer of Note by Indorsement--What Law Governs the Indorser's Contract; Boundaries--Private Way--Title to Fee--Presumption; Civil Rights--Equal Privileges--Place of Amusement--Advertising Material; Constitutional Law--Inequality--classification--Child Labor; Constitutional Law--Limitations on the Taxing Power--Convict-Made Goods--Equal Protection of Laws; Contracts--Real Estate Brokers--Oral Authorization for Sale of Land--Commissions; Criminal Law--Post Office--Fraudulent Use of Mails; Damages--Measure of, in Case of Wrongful Death; Damages--Mitigation of, in Action for Personal Injuries--Duty to Submit to Medical Operation; Deed of Standing Timber--Time of Removal; Divorce--Extent of Relief--Absolute Divorce; Divorce--Vacation of Decree--Perjured Testimony; Evidence--Offer to …

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Recent Important Decisions, Michigan Law Review Jun 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …

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Recent Important Decisions, Michigan Law Review Nov 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Jurisdiction--Appointment of Referee; Carriers--Liability for Baggage--Proximate Cause; Constitutional Law--Impairing Obligation of Contract; Constitutional Law--Police Power--Regulation of Liquor Traffic; Contract of Sale--Written Contract--Alteration by Parol; Corporations--Existence Apart from Stockholders--Corporation Composed of Negroes Not a "Colored" Person; Corporations--Transfer of Shares--Bona Fide Purchasers--Estoppel; Damages--Measure for Wrongful Levy and Detention; Deeds--Distinguished from Wills--Power of Disposition Reserved; Deeds--Reservation of Right of Action for Damages--Liability of Subsequent Vendee; Descent and Distribution--Murderer's Right to Take His Statutory Share of His Victim's Estate; Divorce--Abandonment--Insanity of Deserting Spouse; Easements--Construction--Automobiles as Carriages; Elections--Irregularities in Ballots; Evidence--Admissions of a Trustee Against the Cestui Que Trust; Evidence--Judicial Notice of Foreign Law; Homestead--Mortgage …

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