Litigating Trauma As Disability In American Schools,
2018
Northwestern Pritzker School of Law
Litigating Trauma As Disability In American Schools, Taylor N. Mullaney
Northwestern Journal of Law & Social Policy
No abstract provided.
An Illiberal Union,
2018
William & Mary Law School
An Illiberal Union, Sonu Bedi
William & Mary Bill of Rights Journal
This Article breaks new ground by applying the philosophical framework of liberal neutrality (most famously articulated by John Rawls) to the United States Supreme Court’s jurisprudence on marriage. At first blush, the Court’s decision in Obergefell v. Hodges—the culmination of marriage rights—seems to affirm a central principle of liberalism, namely equal access to marriage regardless of sexual orientation. Gays and lesbians can finally take part in an institution that celebrates the union of two committed individuals. But perversely, in its attempt to expand access to marriage, the Court has simultaneously entrenched values that are antithetical to the basic tenants …
The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place,
2018
Nova Southeastern University
The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino
Pace Law Review
While men’s claims of gender bias in the family law system are acknowledged, this article focuses on how bias, whether implicit or explicit under the guise of unconscious attitudes or behavior, continues to place women at a systemic disadvantage. Although implicit bias also impacts outcomes in child abuse and neglect actions involving the state, the focus of this article is the impact of implicit bias in actions between women and men in the family courts, in particular those issues involved in the dissolution of the relationship and the family unit. First, the emergence of implicit social cognition theory will be …
Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed,
2018
University of Miami Law School
Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur
University of Miami Inter-American Law Review
No abstract provided.
Her Belly, Their Baby: A Contract Solution For Surrogacy Agreements,
2018
Brooklyn Law School
Her Belly, Their Baby: A Contract Solution For Surrogacy Agreements, Devon Quinn
Journal of Law and Policy
The 1986 Baby M case was the first American court ruling regarding the validity of surrogacy. The contentious custody battle between the intended parents and their surrogate highlighted the issues and fears associated with the practice, impacted legislation throughout the United States, and captured national media attention. Since 1986, however, the landscape of the American family has changed -- gay marriage has been legalized in the United States, one in eight American heterosexual couples struggle with fertility issues, women are more likely to wait longer to have children, and developments in technology such as in-vitro fertilization offer new fertility options …
Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking,
2018
University of Georgia School of Law
Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune
Georgia Journal of International & Comparative Law
No abstract provided.
Honoring Professor Bruce Kogan (05-07-2018),
2018
Roger Williams University School of Law
Honoring Professor Bruce Kogan (05-07-2018), Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Failure To Reform Experimental Treatment Accessibility Leads Push For Legalization Of Assisted Suicide And Euthanasia In A Surprising New Group Of Individuals—Children,
2018
Barry University School of Law
Failure To Reform Experimental Treatment Accessibility Leads Push For Legalization Of Assisted Suicide And Euthanasia In A Surprising New Group Of Individuals—Children, Caitlin Massey
Child and Family Law Journal
No abstract provided.
Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child",
2018
University of Maine School of Law
Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child", Lisa M. Fitzgibbon
Maine Law Review
Should a divorce court be permitted to consider evidence of a parent's misuse of legal process when rendering a child custody decree? In Campbell v. Campbell the Maine Superior Court concluded that Mrs. Campbell had sought an ex parte protection from abuse order against her husband in an effort to gain a tactical advantage in the custody proceeding—she did not need protection from abuse. The court then awarded Mr. Campbell custody of the children, on the basis of Mrs. Campbell's misuse of legal process. Yet, by focusing its attention upon one parent's conduct, the superior court deviated from what was …
In Search Of A Theory Of Alimony,
2018
University of Maine School of Law
In Search Of A Theory Of Alimony, John C. Sheldon, Nancy Diesel Mills
Maine Law Review
Maine's alimony statute is full of good advice. It directs judges who hear requests for alimony to “consider” all kinds of things, from the parties' individual wealth to their individual health, from their respective ages to their respective wages, from the length of their marriage to the strength of their educations. And, as if to subdue any doubt about the breadth of this assignment, the statute then invites judges to take into account “any other factors the court considers appropriate.” In short, the statute grants judges almost unlimited discretion in awarding alimony. Power notwithstanding, however, anyone who reads the statute …
In Re: Matter Of E.R. C/W 73198, 134 Nev. Adv. Op. 29 (May 3, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
In Re: Matter Of E.R. C/W 73198, 134 Nev. Adv. Op. 29 (May 3, 2018), Matthew J. Mckissick
Nevada Supreme Court Summaries
The Court held that once parental rights have been terminated, NRS 128.110(2) is the appropriate standard for applying the familial placement preference—not NRS 432B.550(5).
How Conflict Within The House Impacts A Military Spouse: An Evaluation Of Combat-Related Special Compensation As A "Marital" Asset,
2018
Barry University School of Law
How Conflict Within The House Impacts A Military Spouse: An Evaluation Of Combat-Related Special Compensation As A "Marital" Asset, Anthony Cox Jr. Esq.
Child and Family Law Journal
No abstract provided.
How Changing The Wes Kleinert Fair Interview Act And Establishing Law Enforcement Academy Training Standards Will Help The Autism Community,
2018
Barry University School of Law
How Changing The Wes Kleinert Fair Interview Act And Establishing Law Enforcement Academy Training Standards Will Help The Autism Community, Randy Lambert
Child and Family Law Journal
No abstract provided.
One Child, Two Systems: State Statutory Interpretation In The Context Of Special Immigration Status,
2018
Barry University School of Law
One Child, Two Systems: State Statutory Interpretation In The Context Of Special Immigration Status, Candace Rechtmann
Child and Family Law Journal
No abstract provided.
From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018),
2018
Roger Williams University
From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple,
2018
University of Pennsylvania Law School
The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin
Fordham Law Review
This Essay reconsiders or reaffirms the Lovings’ status as civil rights icons by drawing on source material provided by the documentary The Loving Story. This nonfiction treatment of the couple and their lawsuit reveals their complexity as individuals and as a couple, the social relationships that made them desperate to live together and raise their children in Virginia, and the oppression they suffered at the hands of state actors motivated by a virulent white supremacy to make the Lovings’ desire to make a home for themselves in the state impossible. Part I briefly describes the Lovings’ struggle against Virginia’s Racial …
Enemy And Ally: Religion In Loving V. Virginia And Beyond,
2018
Fox School of Business, Temple
University
Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt
Fordham Law Review
Throughout the Loving case, religion appeared both overtly and subtly to endorse or lend credibility to the arguments against racial mixing. This use of religion is unsurprising given that supporters of slavery, white supremacy, and segregation have, for decades, turned to religion to justify their ideologies. Although these views are no longer mainstream, they have recently appeared again in arguments against same-sex marriage and gay and transgender rights generally. What is remarkable in the Loving case, however, is an alternate use of religion, not to justify white supremacy and segregation but instead to highlight the irrationality of its supporters’ claims. …
Residential Segregation And Interracial Marriages,
2018
University of California, Davis, School of Law
Residential Segregation And Interracial Marriages, Rose Cuison Villazor
Fordham Law Review
Part I highlights recent data on racially segregated neighborhoods and low rates of interracial marriage to underscore what Russell Robinson refers to as “structural constraints” that shape and limit romantic preferences. As I discuss in this Part, many cities today continue to be racially segregated. Notably, current data demonstrate a strong correlation between low rates of interracial marriage and racially segregated neighborhoods in those cities. By contrast, contemporary studies indicate that in cities where communities are more racially and economically integrated, the rate of interracial marriages is high. Part II argues that the association between high rates of segregation and …
Lgbt Equality And Sexual Racism,
2018
University of California,
Berkeley, School of Law
Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost
Fordham Law Review
Bigots such as the trial judge in Loving have long invoked religion to justify discrimination. We agree with other scholars that neither religion nor artistic freedom justifies letting businesses discriminate. However, we also want to make manifest the tension between the public posture of LGBT-rights litigants and the practices of some LGBT people who discriminate based on race in selecting partners. We argue that some white people’s aversion to dating and forming relationships with people of color is a form of racism, and this sexual racism is inconsistent with the spirit of Loving. Part I provides a review of empirical …
The Hope Of Loving And Warping Racial Progress Narratives,
2018
State University of New York
at Old Westbury
The Hope Of Loving And Warping Racial Progress Narratives, Jasmine Mitchell
Fordham Law Review
Loving v. Virginia has been heralded as the catalyst for a “biracial baby boom.” Loving marked the end of the criminalization of miscegenation between nonwhite and white individuals and the automatic illegitimacy of mixed-race children in many states, and it heralded the beginning of the celebration of interracial families as part of a new multiracial, and eventual postracial, era. The construction of whiteness has been tied to the management of interracial sex and marriage, and Loving razed antimiscegenation laws that, in former Chief Justice Earl Warren’s words, had been “designed to maintain White Supremacy.” Today, the media relies on demographic …
