Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Legislation (6)
- Domestic Relations (3)
- Fourteenth Amendment (3)
- Law and Society (3)
- Constitutional Law (2)
-
- Economics (2)
- Family Law (2)
- First Amendment (2)
- Human Rights Law (2)
- Jurisprudence (2)
- Legal History (2)
- Marriage (2)
- Politics (2)
- Poverty (2)
- Reproductive rights (2)
- State and Local Government Law (2)
- Abortion (1)
- Assisted reproductive technology (1)
- Child Support (1)
- Child protection (1)
- Civil Law (1)
- Civil Protection Orders (1)
- Civil Rights and Discrimination (1)
- Civil Rights, Generally (1)
- Civil union (1)
- Commentaries; 36th; edition; 1977; German; civil; code; palandt; Burgerliches; Gesetzbuch; reform; legislation; discrimination; statutory; volume; statute; family; family court; divorce; (1)
- Commerce clause (1)
- Conflict of Laws (1)
- Congress (1)
- Constitutional (1)
- Publication
- Publication Type
- File Type
Articles 1 - 13 of 13
Full-Text Articles in Legislation
Family Law In The Republic Of Ireland, William Binchy
Family Law In The Republic Of Ireland, William Binchy
Georgia Journal of International & Comparative Law
No abstract provided.
Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn
Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association
Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association
Articles
These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the final regulations …
The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons
The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons
Kaiya Amelia Lyons
No abstract provided.
On The "Poverty Of Responsibility": A Study Of The History Of Child Protection Law And Jurisprudence In Nova Scotia, Ilana Luther
On The "Poverty Of Responsibility": A Study Of The History Of Child Protection Law And Jurisprudence In Nova Scotia, Ilana Luther
PhD Dissertations
This thesis presents a history of child protection law and jurisprudence in Nova Scotia. The thesis begins by examining the development of the first child protection statute in Canada, the Nova Scotia Prevention and Punishment of Wrongs to Children Act in 1882. The Act was developed amidst a climate of reform in late-19th century Halifax, at the urging of the Society for the Prevention of Cruelty to Animals. The Act, along with a number of other pieces of “domestic relations” legislation at the time, was focused on protecting children in poverty. With the passing of the Act, the legislature not …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
From Reynolds To Lawrence To Brown V. Buhman: Antipolygamy Statutes Sliding On The Slippery Slope Of Same-Sex Marriage, Stephen L. Baskind
From Reynolds To Lawrence To Brown V. Buhman: Antipolygamy Statutes Sliding On The Slippery Slope Of Same-Sex Marriage, Stephen L. Baskind
Stephen L Baskind
In 2003 in Lawrence v. Texas (striking Texas’ sodomy law), Justice Scalia predicted in his dissent the end of all morals legislation. If Justice Scalia is correct most, if not all, morals-based legislation may fall. For example, in recent years state laws prohibiting same-sex marriage have fallen to constitutional challenges. Ten years after Lawrence in 2013, a Utah Federal District Court in Brown v. Buhman, though feeling constrained by the 1878 Reynolds case (which rejected a First Amendment challenge to an antipolygamy law), nevertheless at the request of a polygamous family concluded that the cohabitation prong of Utah’s anti-bigamy …
Federalism And Family Status, Courtney G. Joslin
Federalism And Family Status, Courtney G. Joslin
Indiana Law Journal
The myth of family law’s inherent localism is sticky. In the past, it was common to hear sweeping claims about the exclusively local nature of all family matters. In response to persuasive critiques, a narrower iteration of family law localism emerged. The new, refined version acknowledges the existence of some federal family law but contends that certain “core” family law matters—specifically, family status determinations—are inherently local. I call this family status localism. Proponents of family status localism rely on history, asserting that the federal government has always deferred to state family status determinations. Family status localism made its most recent …
Civil Protection Orders: Increased Access And Narrowed Enforcement, Courtney Cross
Civil Protection Orders: Increased Access And Narrowed Enforcement, Courtney Cross
University of the District of Columbia Law Review
The statute governing civil protection orders in the District of Columbia is the Intrafamily Offenses Act,1 which has been in effect since 1970.2 This statute has been amended frequently over the past 45 years. While some of these changes have been clerical3 or procedural,4 there have also been substantive amendments which, inter alia,significantly expand both who may file for a protection order and what remedies that petitioner may request and receive. Yet this expansion has coincided with an intense scaling back by the judiciary of who can prosecute alleged violations of protection orders. While the statute continues to enable more …
Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague
Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague
University of the District of Columbia Law Review
Fifty years into the War on Poverty, the ability to fully participate in American economic life is predicated on access to basic financial services and mechanisms; yet, public programs designed to support the economic advancement of people in poverty often explicitly excludeinte nded beneficiaries from meaningful engagement with financial institutions. To promote economic opportunity for families accessing public assistance, we need policy reforms that both remove access barriers and create entry points to the financial mainstream. Safe and affordable financial products are foundational to financial inclusion. Unbanked and "underbanked" households-the vast majority of which are low-income---often rely on high-cost credit, …
Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell
Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell
University of the District of Columbia Law Review
Over the last decade, the District's child support law has changed in three significant ways: (1) by the enactment of a statute that requires sentencing judges to notify obligors of their right to modify or suspend their child support order during incarceration; (2) by the passage of a law that requires the District of Columbia government to distribute up to the first $150 of child support collected each month to custodial parents who receive Temporary Assistance for Needy Families(TANF); and (3) by substantial revisions to how child support orders are calculated under the District's Child Support Guideline (the Guideline).1 These …
Congress' Role In The International Unification Of Private Law, Peter H. Pfund, George Taft
Congress' Role In The International Unification Of Private Law, Peter H. Pfund, George Taft
Georgia Journal of International & Comparative Law
No abstract provided.
Normalizing Disability In Families, Mary Crossley
Normalizing Disability In Families, Mary Crossley
Articles
In “Selection against Disability: Abortion, ART, and Access,” Alicia Ouellette probes a particularly vexing point of intersection between ART (assisted reproductive technology) and abortion: how negative assumptions about the capacities of disabled persons and the value of life with disability infect both prospective parents’ prenatal decisions about what pregnancies to pursue and fertility doctors’ decisions about providing services to disabled adults. This commentary on Ouellette’s contribution to the symposium titled “Intersections in Reproduction: Perspectives on Abortion and Assisted Reproductive Technologies" first briefly describes Ouellette’s key points and her article’s most valuable contributions. It then suggests further expanding the frame of …