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Homonormativity: An Ineffective Way To Approach Queer Politics, Sarah Croitoru 2015 Keene State College

Homonormativity: An Ineffective Way To Approach Queer Politics, Sarah Croitoru

Strigidae

Neoliberal ideals and movements such as the Log Cabin Republicans foster an ignorance of the intersections of race, gender, and class in issues such as marriage equality. Gay marriage, specifically, is a homonormative practice that diminishes other priorities of the sexual politics of the queer community by ignoring the structural forces in our society.


La Superstición Del Divorcio, Ramiro De Valdivia Cano 2015 Universidad Católica de Santa María

La Superstición Del Divorcio, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

El divorcio se ha convertido en una plaga que está destruyendo el tejido social. Se vincula estrechamente con el relativismo sistemático que es característico de la actual civilización del espectáculo.


The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit 2015 University of Georgia School of Law

The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit

Georgia Journal of International & Comparative Law

No abstract provided.


Full Faith And Credit For Homosexual Marriage And A Resurgent Defense Of Marriage Act, Steven Specht 2015 Florida State University

Full Faith And Credit For Homosexual Marriage And A Resurgent Defense Of Marriage Act, Steven Specht

Steven Specht

When the Court considered Section 3 of the Defense of Marriage Act (DOMA) in United States v. Windsor, it carefully avoided addressing Section 2 which created the ability for states to ignore the Full Faith and Credit Clause of the U.S. Constitution. Though bans on same-sex or homosexual marriage are slowly being overturned by the courts, Section 2 creates a work-around for many states to not recognize same-sex marriages from other states on grounds of public policy. Even if the Court is to strike down all state bans on same-sex marriage in an upcoming opinion, no case on Section ...


Full Faith And Credit For Homosexual Marriage And A Resurgent Defense Of Marriage Act, Steven Specht 2015 Florida State University

Full Faith And Credit For Homosexual Marriage And A Resurgent Defense Of Marriage Act, Steven Specht

Steven Specht

When the Court considered Section 3 of the Defense of Marriage Act (DOMA) in United States v. Windsor, it carefully avoided addressing Section 2 which created the ability for states to ignore the Full Faith and Credit Clause of the U.S. Constitution. Though bans on same-sex or homosexual marriage are slowly being overturned by the courts, Section 2 creates a work-around for many states to not recognize same-sex marriages from other states on grounds of public policy. Even if the Court is to strike down all state bans on same-sex marriage in an upcoming opinion, no case on Section ...


The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti 2015 Northwestern University School of Law

The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti

Northwestern University Law Review

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

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 University

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 ...


Rights In Separate Property For Hindu Female – Autonomy, Relationality And The Law, Archana Mishra Ms. 2015 SelectedWorks

Rights In Separate Property For Hindu Female – Autonomy, Relationality And The Law, Archana Mishra Ms.

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. Hindu Succession Act, 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 ...


Can The Center Hold? The Vulnerabilities Of The Official Legal Regimen For Intercountry Adoption, David M. Smolin 2015 Cumberland Law School, Samford University

Can The Center Hold? The Vulnerabilities Of The Official Legal Regimen For Intercountry Adoption, David M. Smolin

David M. Smolin

Amidst controversy, a legal regimen for intercountry adoption (ICA) has been developed over the past twenty-five years. The primary constituent parts are the 1989 UN-based Convention on the Rights of the Child (“CRC”) and the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention). Since the creation of those conventions, international and national legal efforts have focused on delineation and implementation of a set of standards based on their principles in the attempt to create a stable and reliable intercountry adoption system. This project of the creation of a stable and reliable intercountry ...


Traditional Surrogacy Contracts, Partial Enforcement, And The Challenge For Family Law, Mark Strasser 2015 University of Maryland Francis King Carey School of Law

Traditional Surrogacy Contracts, Partial Enforcement, And The Challenge For Family Law, Mark Strasser

Journal of Health Care Law and Policy

Surrogacy remains controversial. Several states ban commercial surrogacy while several other states permit it, subject to certain conditions. In addition, many state legislatures simply have not spoken to the legality of surrogacy agreements. Courts have addressed whether such contracts are enforceable in individual instances, either as a matter of public policy or, perhaps, because of a claimed breach of contract.

Part II of this Article traces the development of the jurisprudence regarding the enforcement of surrogacy agreements, noting how there seemed to be a consensus within the parameters set by state law. Part III addresses a few recent decisions in ...


Family Court, Queens County, In The Matter Of Joseph G., Annette Thompson 2014 Touro College Jacob D. Fuchsberg Law Center

Family Court, Queens County, In The Matter Of Joseph G., Annette Thompson

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz 2014 Touro Law Center

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


Democracia, Familia Y Matrimonio, Ramiro De Valdivia Cano 2014 Universidad Católica de Santa María

Democracia, Familia Y Matrimonio, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

En las "novelas rosa" de la antigüedad se estableció el dogma que señala que sólo la celebración del ritual del matrimonio podría resolver en definitivamente todos los problemas de los héroes y heroínas involucrados. El consumismo de la actualidad sostiene que la solución definitiva es el divorcio. Lo que se necesita es educación.


La Superstición Del Divorcio, Ramiro De Valdivia Cano 2014 Universidad Católica de Santa María

La Superstición Del Divorcio, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

El divorcio es la plaga que está destruyendo el tejido social. Creer que el divorcio soluciona algo, es una superstición.


Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman 2014 Georgetown University

Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

Long before the Supreme Court’s seminal parenting cases took a due process Lochnerian turn, American courts had been working to fashion family law doctrine on the premise that parents are only entrusted with custody of the child, and then only as long as they meet their fiduciary duty to take proper care of the child. With its progressive, anti-patriarchal orientation, this jurisprudence was in part a creature of its time, reflecting the evolutionary biases of the emerging fields of sociology, anthropology, and legal ethnohistory. In short, the courts embraced the new, “scientific” view that social “progress” entails the decline ...


Justice Alito’S Dissent In Loving V. Virginia , Christopher R. Leslie 2014 University of California, Irvine, School of Law

Justice Alito’S Dissent In Loving V. Virginia , Christopher R. Leslie

Boston College Law Review

In 1967, in Loving v. Virginia, the U.S. Supreme Court unanimously struck down miscegenation statutes, which criminalized interracial marriage, as unconstitutional. In 2013, the Court in United States v. Windsor invalidated Section 3 of the so-called Defense of Marriage Act (“DOMA”), which precluded federal agencies from recognizing marriages between same-sex couples even if the marriages were legally valid in the couples’ home state. While Loving was a unanimous decision, the Court in Windsor was closely divided. Almost half a century after Chief Justice Warren issued his unanimous Loving opinion, the Loving dissent has been written. Justice Alito authored it ...


Summary Of In Re Parental Rights As To A.L., 130 Nev. Adv. Op. 91, Stephanie Bedker 2014 Nevada Law Journal

Summary Of In Re Parental Rights As To A.L., 130 Nev. Adv. Op. 91, Stephanie Bedker

Nevada Supreme Court Summaries

The Court determined that (1) when seeking to maintain parental rights, parents have a right to bring material evidence rebutting a NRS 432B.450 presumption that a child is in need of protection; and (2) that district courts cannot rely on juvenile court findings of intentional abuse to terminate parental rights where such evidence has been improperly excluded.


Murder, Suicide, And The Fight Over An Inheritance, Joanna L. Grossman 2014 Maurice A. Deane School of Law at Hofstra University

Murder, Suicide, And The Fight Over An Inheritance, Joanna L. Grossman

Hofstra Law Faculty Scholarship

The seven-year marriage between Brandy and Joshua Matthews ended in tragedy. He shot and killed her before turning the gun on himself. There were no criminal charges arising out of this tragedy since the murderer died alongside the victim. But there was a civil fight over inheritance, raising the question whether Brandy’s family should inherit from Joshua’s estate. In a unanimous opinion, the Alabama Supreme Court said no -


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