Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Family Law
Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink
Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink
Faculty Scholarship
Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …
Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin
Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin
Fordham Urban Law Journal
This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.
Whose Child Is It Anyway? Awarding Joint Custody Over The Objection Of One Parent, Daniel R. Mummery
Whose Child Is It Anyway? Awarding Joint Custody Over The Objection Of One Parent, Daniel R. Mummery
Fordham Urban Law Journal
This Note addresses issues of joint custody of children in divorce cases where one parent objects to that arrangement. Part I examines New York's approach to custody, and finds it unduly restrictive and thus likely to inhibit full consideration of joint custody as an alternative. Part II of the Note discusses the historical background of child custody and explains the emergence of joint custody as a result of perceived inadequacies inherent in the sole custody arrangement. Part III discusses different approaches taken by various jurisdictions to the controversial issue of awarding joint custody over the objection of one parent, and …
The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza
The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza
Fordham Urban Law Journal
Since the enactment of the twenty-sixth amendment to the United States Constitution, most states passed legislation lowering the age of majority from twenty-one to eighteen. A crucial question arising from these statutes is whether they affect or should affect child support settlements which provide for support to the child until he or she reaches the age of majority. This note discusses the key question whether children have a continuing right to support until age twenty-one under settlements resulting from divorce decrees and agreements made prior to the enactment of the new age of majority laws. The note analyzes the conflicts …