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Articles 1 - 15 of 15
Full-Text Articles in Fourteenth Amendment
Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman
Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman
Touro Law Review
No abstract provided.
Unequal Protection: Examining The Judiciary’S Treatment Of Unwed Fathers, Brett Potash
Unequal Protection: Examining The Judiciary’S Treatment Of Unwed Fathers, Brett Potash
Touro Law Review
No abstract provided.
Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks
Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks
Publications
This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to require the state to make more extensive efforts to locate biological fathers, to require pregnant women to notify men of their impending paternity, or to require new mothers to give biological fathers access to infants.
These proposals disregard the mother's existing parental rights and …
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Michigan Law Review First Impressions
The state of Texas denies birth certificates to children born in the United States—and thus citizens under the Fourteenth Amendment—if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Supreme Court’s substantive due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This Essay builds on my earlier analysis by examining United States v. Obergefell’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I argue, can …
Equal Protection; State Alimony Statutes; Sex Discrimination; Orr V. Orr, David A. Detec, Jane L. Thomas-Moore
Equal Protection; State Alimony Statutes; Sex Discrimination; Orr V. Orr, David A. Detec, Jane L. Thomas-Moore
Akron Law Review
In Orr v. Orr the United States Supreme Court held unconstitutional the Alabama alimony statutes which provided that husbands, but not wives, may be required to pay alimony upon divorce. The Court's principal reason for so holding was the statutes' violation of the Equal Protection Clause of the fourteenth amendment on the basis of sex discrimination.
Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin
Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin
Touro Law Review
No abstract provided.
Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North
Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North
Pepperdine Law Review
No abstract provided.
Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick
Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick
Pepperdine Law Review
No abstract provided.
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Pepperdine Law Review
No abstract provided.
Polygamy And Same-Sex Marriage, David L. Chambers
Polygamy And Same-Sex Marriage, David L. Chambers
Articles
In the American federal system, state governments bear the responsibility for enacting the laws that define the persons who are permitted to marry. The federal government, throughout our history, has accepted these definitions and built upon them, fixing legal consequences for those who validly marry under state law. Only twice in American history has Congress intervened to reject the determinations that states might make about who can marry. The first occasion was in the late nineteenth century when Congress enacted a series of statutes aimed at the Mormon Church, prohibiting polygamy in the Western territories and punishing the Church and …
Alimony For Men -- The Changing Law, Pamela Joy Smith
Alimony For Men -- The Changing Law, Pamela Joy Smith
Florida State University Law Review
No abstract provided.
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
Florida State University Law Review
No abstract provided.
Illegitimates And Equal Protection, David Hallissey
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.
Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland
Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland
Florida State University Law Review
Child Custody- INTERRACIAL MARRIAGE MAY BE CONSIDERED IN FRAMING CUSTODY MODIFICATION ORDERS.
The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky
The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky
All Faculty Scholarship
No abstract provided.