Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Family Law (2)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Family, Life Course, and Society (1)
- Judges (1)
-
- Legal Education (1)
- Legal Profession (1)
- Legal Writing and Research (1)
- Policy History, Theory, and Methods (1)
- Politics and Social Change (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Law and Legal Theory (1)
- Social Policy (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- Institution
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Brief Amici Curiae Of Professors Of History, Political Science, And Law In Support Of Respondent, Kristin Collins, Catherine E. Stetson, Jessica K. Jacobs
Brief Amici Curiae Of Professors Of History, Political Science, And Law In Support Of Respondent, Kristin Collins, Catherine E. Stetson, Jessica K. Jacobs
Faculty Scholarship
Sex-based laws premised on archaic presumptions about the proper roles of men and women run afoul of established constitutional principles, especially when they interfere with the parent-child relationship. Amici write to explain the history of the federal government’s use of sex-based classifications in the regulation of citizenship. In its regulation of intergenerational and interspousal citizenship transmission, the federal government has perpetuated outdated gender-based norms concerning proper parental roles, even when those norms have been rejected in other legal and social contexts. In addition, the laws governing derivative citizenship have significantly encumbered the ability of American fathers to transmit citizenship to …
Trending @ Rwu Law: Judge Netti Vogel's Post: Women, The Legal Profession, And How Far We've Come 7-19-16, Netti Vogel
Trending @ Rwu Law: Judge Netti Vogel's Post: Women, The Legal Profession, And How Far We've Come 7-19-16, Netti Vogel
Law School Blogs
No abstract provided.
Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri
Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri
All Faculty Scholarship
The twentieth-century equality revolution established the principle of sex neutrality in the law of marriage and divorce and eased the most severe legal disabilities traditionally imposed upon nonmarital children. Formal equality under the law eluded nonmarital parents, however. Although unwed fathers won unprecedented legal rights and recognition in a series of Supreme Court cases decided in the 1970s and 1980s, they failed to achieve constitutional parity with mothers or with married and divorced fathers. This Article excavates nonmarital fathers’ quest for equal rights, until now a mere footnote in the history of constitutional equality law.
Unmarried fathers lacked a social …