Family Law Commons^™

Lovers' Contracts In The Courts: Forsaking The Minimum Decencies, Judith T. Younger

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Schemes Of Adventuresses: The Abolition And Revival Of Common-Law Marriage, Charlotte K. Goldberg

William & Mary Journal of Race, Gender, and Social Justice

Common-law marriage is about to go the way of the buggy whip. In 2005, Pennsylvania abolished common-law marriage and other state legislatures are considering following Pennsylvania's lead. Even if common-law marriage is abolished in all states, the problem of unmarried cohabitants seeking property rights arising from their relationships will still challenge the courts. In particular, because most claimants are women, the perception of them as either an "adventuress" or a "virtuous wife" will often determine whether they will attain shared property rights.

This article uses the California experience as an illustration of the evolution of the law from the abolition …

Essentially A Mother, Jennifer S. Hendricks

William & Mary Journal of Race, Gender, and Social Justice

This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental rights, this article argues that a gestational mother has a constitutional claim to be recognized as a legal parent.

The article first discusses the "unwed father cases." Despite believing that natural sex differences justified distinctions in parental rights, the Supreme Court crafted a test giving men parental rights if they established relationships with their biological …