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New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp 2015 DePaul University

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.


New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp 2015 DePaul University

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School for New Learning Faculty Publications

No abstract provided.


Why The State Cannot “Abolish Marriage” A Partial Defense Of Legal Marriage Based On The Structure Of Intimate Duties, Gregg Strauss 2015 Duke Law

Why The State Cannot “Abolish Marriage” A Partial Defense Of Legal Marriage Based On The Structure Of Intimate Duties, Gregg Strauss

Faculty Scholarship

Does a liberal state have a legitimate interest in defining the terms of intimate relationships? Recently, several scholars have answered this question “no” and concluded that the state should abolish marriage, along with all other categories of intimate status. While politically infeasible, these proposals offer a powerful thought experiment. In this Article, I use this thought experiment to argue that the law cannot avoid relying on intimate status norms and has legitimate reasons to retain an intimate status like marriage.

The argument has three parts. First, even if the law abolished licensed status categories, ordinary doctrines in tort, contract and ...


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Critical Legal Studies, Daniel Fernando Gomez Tamayo 2014 SelectedWorks

Critical Legal Studies, Daniel Fernando Gomez Tamayo

Daniel Fernando Gomez Tamayo

The Concept of Law, Hart vs Dworkin, Intelligent Design Research by Katherine S. Pollard and Howard Gardner, American Democracy, Fundamental Rights. American Canon Law.


The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. FitzGibbon 2014 Boston College Law School

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. Fitzgibbon

Scott T. FitzGibbon

Kinship relations, in our society and in most, are organized systematically. That is to say, each kinship connection is constructed, conducted, and considered, not in isolation but by reference to the others. Your uncle is your father’s brother, in just about the same way as your own sibling is your brother and your children are one another’s brothers and sisters. Your spouse is the mother or father of your children, in just about the same way as your mother and father are your parents and the parents of your siblings. One’s beliefs and expectations about what each ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2014 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


International Surrogacy Is Dangerous And Unfair, Anne T. Gallagher AO 2014 SelectedWorks

International Surrogacy Is Dangerous And Unfair, Anne T. Gallagher Ao

Anne T Gallagher

A recent case of commercial surrogacy involving an Australian couple and a Thai surrogate sheds a rare light on the hidden and fundamentally unjust world of international commercial surrogacy.


Raymond, Janice. Not A Choice, Not A Job., Ane Mathieson 2014 Salve Regina University

Raymond, Janice. Not A Choice, Not A Job., Ane Mathieson

Journal of Interdisciplinary Feminist Thought

No abstract provided.


Rights In Separate Property Of Hindu Female – Challenge To Acquire A New Self, Archana Mishra 2014 SelectedWorks

Rights In Separate Property Of Hindu Female – Challenge To Acquire A New Self, Archana Mishra

Archana Mishra

In India, among Hindus the customary laws sanctioned the male oriented law with respect to land and property and denied female their rights in land property. Access to economic rights, inheritance and property ownership to women has significant impact on her social and economic well-being. HSA, 1956 marks a new era in the Indian history of social legislation by removing, to an extent, the pre-existing discrimination in inheritance on grounds of gender and giving women access to economic rights. But the Act fails to live up to the promise of a legal system which aspires to ensure equality for all ...


Moving Beyond Marriage: A Proposed Unit Of Presumed Economic Interdependence For Joint Filing Purposes In Bankruptcy And In Tax, Heather V. Graham 2014 Pace University

Moving Beyond Marriage: A Proposed Unit Of Presumed Economic Interdependence For Joint Filing Purposes In Bankruptcy And In Tax, Heather V. Graham

Pace Law Review

In order to promote both equality and efficiency, this Comment proposes that individuals should have the opportunity to file jointly for tax and bankruptcy purposes when they have a relationship predicated upon economic interdependence, as opposed to basing the opportunity to file jointly upon marital status. Part I of this Comment will briefly discuss the history of marriage in the United States. In particular, Part I will discuss the role that the government has had in promoting and regulating marriage and how the treatment of married persons operates to the exclusion of the unmarried. Parts II and III of this ...


In The Heat Of The Moment: The Implications Of State V. Ness On Criminal Defendants' Rights In Minnesota Danco Proceedings, Aisha N. Servaty 2014 Hamline University

In The Heat Of The Moment: The Implications Of State V. Ness On Criminal Defendants' Rights In Minnesota Danco Proceedings, Aisha N. Servaty

Hamline Law Review

abstract


Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, yehezkel Margalit 2014 SelectedWorks

Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the institutions of family and parenthood and an abandonment of the historical emphasis on their bionormative structures. These changes are the result of societal shifts with respect to public openness and technological innovations that segregate marital relations from sexuality and fertility. The resultant parenthood structures, which depart from traditional spousal and parental models, intensify the ability and need to determine legal parenthood in numerous unprecedented contexts. Sir Henry Maine famously stated that mankind is pacing from status toward contract. This theme has had particular resonance during the past half century in ...


Violent Video Games And The Rights Of Children And Parents: A Critique Of Brown V. Entertainment Merchants Association, Martin Guggenheim 2014 NELLCO

Violent Video Games And The Rights Of Children And Parents: A Critique Of Brown V. Entertainment Merchants Association, Martin Guggenheim

New York University Public Law and Legal Theory Working Papers

This Article closely examines the 2011 Supreme Court decision in Brown v. Entertainment Merchants Association, 131 S.Ct. 2729 (2011), which held that California’s effort to restrict children’s access to violent video games violated the First Amendment. The Article will show that the Supreme Court widely missed the mark in applying well-established First Amendment law to strike down California’s effort to limit a minor’s access to material reasonably deemed inappropriate by parents. The Court’s principal error was to mischaracterize the statute as a ban on the distribution of material deemed inappropriate by the Legislature. This ...


Summary Of Holdaway-Foster V. Brunell, 130 Nev. Adv. Op. 51, Brian Vasek 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Holdaway-Foster V. Brunell, 130 Nev. Adv. Op. 51, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether (1) the Full Faith and Credit for Child Support Orders Act of 1994 applies retroactively, and (2) Nevada had continuing, exclusive jurisdiction over a 1985 child support order modified in Hawaii.


Summary Of Doan V. Wilkerson, 130 Nev. Adv. Op. 48, Kelsey Bernstein 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Doan V. Wilkerson, 130 Nev. Adv. Op. 48, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined two issues: 1) whether the six-month statute of limitations set forth in NRCP 60(b) applies to a motion for relief from a divorce decree, and (2) under what circumstances a marital asset adjudicated in court but omitted from the final divorce decree may be partitioned through a motion for relief from judgment.


Summary Of Druckman V. Ruscitti, 130 Nev. Adv. Op. 50, Allison Vitangeli 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Druckman V. Ruscitti, 130 Nev. Adv. Op. 50, Allison Vitangeli

Nevada Supreme Court Summaries

The Court determined two issues: (1) the child custody rights of unmarried parents when the father’s paternity has been established pursuant to statute; and (2) whether the district court abused its discretion when it awarded primary physical custody of the child to the mother and granted the mother’s relocation request.


The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie 2014 Touro College Jacob D. Fuchsberg Law Center

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie

Touro Law Review

No abstract provided.


Proyecto Para El Matrimonio De Personas Del Mismo Sexo, Enrique Varsi Dr. 2014 SelectedWorks

Proyecto Para El Matrimonio De Personas Del Mismo Sexo, Enrique Varsi Dr.

Enrique Varsi Rospigliosi

Identificar aquellos artículos del Código civil que tratan o se refieren al matrimonio como una institución esencialmente heterosexual a fin de sincerarlos y adecuarlos con criterio inclusivo a las relaciones personales y familiares actuales. Debe descartarse la diversidad de sexo como fuente en las relaciones interpersonales; contrario sensu, todos los sujetos, más allá de su sexualidad, tienen derecho a realizarse a través de las instituciones del Derecho de familia, hoy en día abiertas, comprensivas y democráticas.


A New Formalism For Family Law, Rebecca Aviel 2014 College of William & Mary Law School

A New Formalism For Family Law, Rebecca Aviel

William & Mary Law Review

Family law is simultaneously moving toward and away from formalist decision making. Examining family law across its various component doctrines—custody disputes, child support, jurisdiction, and parentage—reveals these two competing trends. In some of these areas, scholars and lawmakers have recognized that litigating under open-ended, amorphous standards is unpredictable and often painful, with costs that undermine the very purposes served by these legal frameworks; in these areas we are witnessing a turn toward determinate rules over judicial discretion as the preferred means of resolving disputes. In other areas, however, family law is experiencing a trend toward more flexible decision ...


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