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Articles 1 - 8 of 8
Full-Text Articles in Family Law
The Illusory Imputation Of Income In Marital Settlement Agreements: "The Future Ain't What It Used To Be", Timothy L. Arcaro, Laura Miller Cancilla
The Illusory Imputation Of Income In Marital Settlement Agreements: "The Future Ain't What It Used To Be", Timothy L. Arcaro, Laura Miller Cancilla
Faculty Scholarship
No abstract provided.
A Tale Of Two Families -- Red Families V. Blue Families: Legal Polarization And The Creation Of Culture By Naomi Cahn & June Carbone, Rachel Rebouché
A Tale Of Two Families -- Red Families V. Blue Families: Legal Polarization And The Creation Of Culture By Naomi Cahn & June Carbone, Rachel Rebouché
UF Law Faculty Publications
In their thought-provoking book, Red Families v. Blue Families: Legal Polarization and the Creation of Culture, Naomi Cahn and June Carbone examine conflicting views on family formation in the "culture war." Mirroring the electoral maps of 2004 and 2008, the authors contend that regional differences between Republican and Democrat voters correspond to deeply held beliefs about family values. The "blue" family paradigm is essentially liberal: It stresses individual equality, tolerance of diverse lifestyles, and a role for government in helping people achieve educational and economic success. "Red" families are conservative. They value tradition, as expressed in religious beliefs or longstanding …
A More Humane Vision Of Family Law: Holistic Approach Needed To Shield Children From The Trauma Of Breakups, Barbara A. Babb, Mitchell K. Karpf
A More Humane Vision Of Family Law: Holistic Approach Needed To Shield Children From The Trauma Of Breakups, Barbara A. Babb, Mitchell K. Karpf
All Faculty Scholarship
No abstract provided.
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
William & Mary Bill of Rights Journal
No abstract provided.
Marriage Pluralism In The United States: On Civil And Religious Jurisdiction And The Demands Of Equal Citizenship, Linda C. Mcclain
Marriage Pluralism In The United States: On Civil And Religious Jurisdiction And The Demands Of Equal Citizenship, Linda C. Mcclain
Faculty Scholarship
“Legal pluralism” is hot, particularly in family law. As family law and practice in the United States have become global due to the globalization of the family, some argue it is time for U.S. family law to embrace more legal pluralism so that civil government would cede jurisdictional authority over marriage and divorce law to religious communities. They point to forms of pluralism already present in U.S. family law, such as covenant marriage (available in three states) and New York’s get statutes. They suggest the U.S. should learn from how many other nations allocate jurisdiction over marriage and divorce law …
Integrating Marital Property Into A Spouse’S Elective Share, Raymond C. O'Brien
Integrating Marital Property Into A Spouse’S Elective Share, Raymond C. O'Brien
Scholarly Articles
First, this Article begins with history, as this forms the basis of electiveshare law. It is necessary to begin with the historical basis of a spouse's right to support, and then proceed to examine how and why a spouse obtained a share of the property acquired during marriage. Second, because a spouse's rights at death were often very different from those that a spouse would obtain at divorce, it is necessary to explain the various judicial and statutory models adopted by the states to provide a modicum of protection to a surviving spouse at death. There are many models and …
Civil Rites: The Gay Marriage Controversy In Historical Perspective, Joanna L. Grossman
Civil Rites: The Gay Marriage Controversy In Historical Perspective, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
This short essay, written for a volume that celebrates and reflects on Lawrence M. Friedman’s work in legal history and legal culture, explores the modern controversy about same-sex marriage through a historical lens. The legalization of same-sex marriage by five states, and the express condemnation of it by more than forty others, has reintroduced the age-old problem of non-uniform marriage laws and the complicated interactions that follow. This modern story - a challenge to traditional marriage, a divisive moral debate, and the emergence of strong oppositional forces that are stuck, at least temporarily, but perhaps indefinitely, in a kind of …
It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss
It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss
Publications
No abstract provided.