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3,032 full-text articles. Page 1 of 49.

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 ...


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 ...


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 Law Center

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 Boston College Law School

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 University of Nevada, Las Vegas -- William S. Boyd School of Law

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.


Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris

Touro Law Review

No abstract provided.


Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin

Touro Law Review

No abstract provided.


Making The Modern Family: Interracial Intimacy And The Social Production Of Whiteness, Camille Gear Rich 2014 BLR

Making The Modern Family: Interracial Intimacy And The Social Production Of Whiteness, Camille Gear Rich

University of Southern California Legal Studies Working Paper Series

This Book Review uses Angela Onwuachi-Willig's Book, According to Our Hearts, Rhinelander v. Rhinelander and the Law of the Multiracial Family as an opportunity to explore the multiracial family's role in American society. The discussion unpacks the discussion of "interracially" explored in her book by precisely outlining the various discrimination modalities covered by her discussion of interraciality-based discrimination. The review reveals that Onwuachi-Willig explores six different types of discrimination, some of which require engagement with cutting-edge disputes in antidiscrimination theory and law. The Review teases out these various discrimination constructs and asks in a more deliberate fashion how ...


5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon 2014 USC Gould School of Law

5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan 2014 University of South Carolina

In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan

Faculty Publications

In 1972, the Supreme Court in Stanley v. Illinois declared that parents are entitled to a hearing on their fitness before the state places their children in foster care. Somewhat oddly, Stanley went on to be cited as a leading case regarding the rights of unwed fathers to object to private adoptions favored by mothers -- an issue not present in Stanley. Odder still, most states routinely violated Stanley in child welfare cases -- the context in which the Stanley rule arose. Most states apply the "one parent doctrine," which holds that finding one parent unfit justifies taking the child into foster ...


The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello 2014 SelectedWorks

The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello

Adam Lamparello

Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were ...


Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor 2014 University of Georgia School of Law

Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor

Georgia Journal of International & Comparative Law

No abstract provided.


What God Has United Man Will Now Divide: Divorce Referendum Changes Law Of 60 Years, Laura A. Marshall 2014 University of Georgia School of Law

What God Has United Man Will Now Divide: Divorce Referendum Changes Law Of 60 Years, Laura A. Marshall

Georgia Journal of International & Comparative Law

No abstract provided.


There's No Place Like Home. Determining Habitual Residence: Feder V. Evans-Feder, Katherine V. Hung 2014 University of Georgia School of Law

There's No Place Like Home. Determining Habitual Residence: Feder V. Evans-Feder, Katherine V. Hung

Georgia Journal of International & Comparative Law

No abstract provided.


Law In Ancient Egyptian Fiction, Russ VerSteeg 2014 University of Georgia School of Law

Law In Ancient Egyptian Fiction, Russ Versteeg

Georgia Journal of International & Comparative Law

No abstract provided.


Access For Access: Ensuring Access To Federal Courts For Parents Seeking To Exercise Rights Of Access Under The Hague Convention On The Civil Aspects Of International Child Abduction, Katherine L. Olson 2014 The Catholic University of America, Columbus School of Law

Access For Access: Ensuring Access To Federal Courts For Parents Seeking To Exercise Rights Of Access Under The Hague Convention On The Civil Aspects Of International Child Abduction, Katherine L. Olson

Catholic University Law Review

Each year, thousands of children are abducted across international borders, often by one of their parents. The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) and its implementing legislation, the International Child Abduction Remedies Act (ICARA), provide recourse to the non-abducting parent. However, recent cases in the U.S. Courts of Appeal for the Fourth and Second Circuits have created a circuit split on the issue of whether rights of access, in contrast to rights of custody, convey a private right of action in U.S. federal courts under the Hague Convention. This Comment examines this ...


Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong Professor 2014 Boston College Law School

Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong Professor

Boston College Law School Faculty Papers

The recently published article, Immigration’s Family Values by Professor Kerry Abrams and R. Kent Piacenti, and the forthcoming Removing Citizens: Parenthood, Citizenship, and Immigration Courts by Kari Hong examine how, when, and why immigration law uses a different definition of family than the one used in state courts. Despite their differences, in conversation, these two pieces highlight how the Department of Homeland Security likely is either following misguided policies or pursuing improper objectives when creating a federal family law. Crimmigration (Crim Imm) scholarship successfully identified the ways in which the (purported) civil proceedings of immigration law needed the extra ...


Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall 2014 College of William & Mary Law School

Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall

William & Mary Bill of Rights Journal

No abstract provided.


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