Illinois Wesleyan University
The John Marshall Law School
College of William & Mary Law School
Notre Dame Law School
Homonormativity: An Ineffective Way To Approach Queer Politics,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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.,
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,
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,
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,
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,
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 ,
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,
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,
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 -
