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Marriage Pluralism, Family Law Jurisdiction, And Sex Equality In The United States, Linda C. Mcclain

Faculty Scholarship

In many regions of the world, rights guaranteed under the civil law, including rights to gender equality within marriage and rights in the distribution of family property and child custody upon divorce, are in conflict with the principles of religious law. Women's rights issues are often at the heart of these tensions, which present pressing challenges for theorists, lawyers, and policymakers. This anthology brings together leading scholars and activists doing innovative work in Jewish law, Muslim law, Christian law, and African customary law. Using examples drawn from a variety of nations and religions, they interrogate the utility of recent theoretical …

The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton

Faculty Publications

Age at marriage has for decades been the strongest and most unequivocal predictor of marital failure. The likelihood of divorce nears eighty percent for those who marry in mid-adolescence, then drops steadily. Delaying marriage until the mid-twenties reduces one’s likelihood of divorce to thirty percent. Women who marry at age twenty-one or younger, moreover – and one in ten U.S. women do – experience worse mental and physical health, attain less education, and earn lower wages than those who marry later. Post-divorce, they and their children tend to endure even greater economic deprivation and instability than do never-married mothers, who …

The Doomed Union: Thomas Hardy's Pessimism Toward Marriage, Anglicanism, And Society, Christine Mays

Senior Honors Theses

The purpose of this thesis is to demonstrate Thomas Hardy’s pessimism by examining his life and to display how three of his novels, Far from the Madding Crowd, Tess of the d’Urbervilles, and Jude the Obscure reflect actual events, relationships, and social issues in Hardy’s life. Hardy’s fatalism began to manifest itself in his early childhood, as he was the result of an unplanned pregnancy, and then later in his youth, when his family could not afford to fund a full education. As he grew into adulthood, Hardy began to feel acutely the line drawn between him and those of …

Stress Spillover Of Health Symptoms From Healthy Spouses To Patient Spouses In Older Married Couples Managing Both Diabetes And Osteoarthritis, Jeremy B. Yorgason, Susanne O. Roper, Jonathan G. Sandberg, Cynthia A. Berg

Faculty Publications

Many studies examining illness within marriage have investigated how illness in one spouse influences the other spouse. In later-life marriages, where both spouses are more likely to have health challenges, there is an increased likelihood that health symptoms from both spouses affect each other. In the current study we examined how health symptoms in a “healthy” spouse may exacerbate health problems in a partner (the patient) who is managing multiple chronic illnesses. Surveys were collected across 14 days from 27 later-life couples where patients had both diabetes and osteoarthritis. Results indicated that higher healthy spouse symptoms were generally associated with …

Collegiality And Individual Dignity, Tobias Barrington Wolff

Fordham Law Review

No abstract provided.

Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers

Fordham Law Review

No abstract provided.

“Two Parts Of The Landscape Of Family In America”: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy D. Polikoff

Fordham Law Review

No abstract provided.

The George-Anne, Georgia Southern University

The George-Anne

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Marital Power Plays, Gina Liu '14

2012 Fall Semester

William Shakespeare’s Othello describes the deterioration of the jealous Moorish general Othello’s marriage with Venetian noblewoman Desdemona. This domestic crisis, ignited by conniving manservant Iago’s careful manipulations, hinges upon one handkerchief, its significance within Othello’s and Desdemona’s courtship, and its engineered discovery in the bedchambers of Michael Cassio. Just as this small handkerchief assumes an integral role, the actions of Emilia, Iago’s wife, enable the fruition of his plots but ultimately result in his exposure and downfall; thus, Othello documents the decline of not one, but two marriages. The largest contrast between these two relationships is division of power, for …

Rethinking Children As Property, Kevin Noble Maillard

College of Law - Faculty Scholarship

Despite the collective view in law and social practice that it is intrinsically taboo to consider human beings as chattel, the law persists in treating children as property. Applying principles of property, this Article examines paternity disputes to explain and critique the law’s view of children as property of their parents. As evidenced in these conflicts, I demonstrate that legal paternity exposes a rhetoric of ownership, possession, and exchange. The law presumes that a child born to a married woman is fathered by her husband, even when irrefutable proof exists that another man fathered the child. Attempts by the non-marital …

Violence During Pregnancy Among Young Married Women In Nepal, Prakrity Silwal

Master's Theses

No abstract provided.

Sex And The City: A Promotion Of Modern American Feminism, Cameron Michael Tufino

Theses & Dissertations

The television series Sex and the City (SATC), has left a significant impact on American society. The show displays this revelation: American women today have many established cultures of equal worth in male dominated discourses. This thesis explains how the shows narrative represents and expands feminist ideology in America. By modernizing feminist discourses, SATC challenges televisual female representation on subject matters including motherhood, sexuality, marriage, gender identity, and family. Investigating its four protagonists - Carrie, Charlotte, Miranda, and Samantha - demonstrates how the narrative contributed to the social movement of feminism. Furthermore, with analyzing its construction and display since the …

Happily Ever After? Redefining Womanhood And Marriage In Nineteenth-Century Novels, Laura Elizabeth Cox

Graduate Theses and Dissertations

Jane Austen, Elizabeth Gaskell, Charlotte Brontë, and Henry James challenged patriarchal conventions and assumptions by redefining womanhood and marriage in their novels, particularly by breaking from the traditional marriage ending. While Pride and Prejudice, North and South, and Jane Eyre end in marriage, these novels depict a freely chosen companionate marriage based on equality; Villette replaces the typical marriage ending with complete independence; and Washington Square and The Portrait of a Lady both portray the decisive rejection of the marriage ideal for a life of renunciation. This thesis analyzes the ways in which these novels challenge nineteenth-century society, as well …

Evidence Of Anxiety: Women's Agency And Engagement Law In American Literature And Film, 1880-1935, Carl Nicholas Bloom

Dissertations

During the end of the nineteenth century, breach of promise laws, which had protected unmarried but engaged women for centuries during their vulnerable engagement period, began to come under public scrutiny. The demonization of this legal protection coincided with increased legal agency in other areas of married life for women, but in most historical and critical discussions of this era, breach of promise, also nicknamed Heartbalm, has been overlooked, and the purpose of this dissertation is to examine canonical and non-canonical literature from this period and recontextualize these works in light of breach of promise's historical impact on courting and …

National Report: Spain, Carlos Martínez De Aguirre Aldaz, Pedro De Pablo Contreras

American University Journal of Gender, Social Policy & the Law

No abstract provided.

"This Doll's House Will Fall": An Exploration Of Nineteenth-Century Society And Its Impact On The Individual, Jasmine Smith

XULAneXUS

No abstract provided.

With This Ring, I Surrender: Politics, Religion, And Marriage In Shakespeare And Tudor England, Mara R. Berkoff

Honors College Theses

The ideas I wish to explore are the overarching themes of politics, religion, and marriage in the Turor period under the rule of King Henry VIII from 1509 to 1547. The popular opinion of the period on Henry VIII's behavior can be seen in William Shakespeare's The Taming of the Shrew, Measure for Measure, and Henry VIII.

Tradition And Change In Marriage Payments In Vietnam, 1963-2000, Bussarawan Teerawichitchainan, John Knodel

Research Collection School of Social Sciences

This study analyses data from the Vietnam Study of Family Change to document trends and determinants of marriage payments in Vietnam from 1963 to 2000. We investigate the extent to which structural and policy transformations influenced the practice of payments, and estimate how societal changes indirectly impacted payments via their effects on population characteristics. Results indicate that marriage payments surged following market reform, but also reveal nuanced trends during earlier years. While the socialist attempts to eradicate brideprice appear to have been successful in the North before economic renovation, they were unsuccessful in the South. Structural and policy change explained …

Effects Of Cohabitation On Children Of Latino Americans, Miriam Grace Clark

Theses and Dissertations

The purpose of this study is to examine the effects of cohabitation on children in kindergarten and how this varies by race. Many researchers have shown that children being raised in cohabiting families do not perform as well as children being raised in married parent families (Manning and Seltzer 2009; Artis 2007; Raley et al 2005). Furthermore, demographic trends show that cohabitation among Latinos is very similar to marriage, whereas among whites they are two very different things (Choi and Seltzer 2009). My research combines these two ideas to investigate how cohabitation may affect Latino children differently than it affects …

The Changing Meaning Of Marriage: An Analysis Of Contemporary Marital Attitudes Of Young Adults, Nicole Margaret Kay

Theses and Dissertations

An interesting paradox in the literature about marriage is that despite the substantial changes to marriage over the last half century, young adults remain committed to the ideal of marriage. While changes to marriage as a social institution have been well documented, research concerning the contemporary attitudes of young adults about marriage has been limited. Even less research has focused on how these contemporary attitudes may cluster young adults into groups that have different perceptions of marriage. This study explores young single adult attitudes about marriage, and group differences in these attitudes. A quota sample (n=700) of 18-35 year-old young …

Love Through Spoken Word, Jason Bembry

Leaven

No abstract provided.

Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro

Pepperdine Law Review

No abstract provided.

Research Brief: "Veteran Status, Race-Ethnicity, And Marriage Among Fragile Families", Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This brief summarizes an examination of the impact of men's past military service on the likelihood that a couple will marry within 5 years of a nonmarital birth.

Chapter 6, Family, In Intimacy And Community In A Changing World: Sikaiana Life 1980-1993, William Donner

Sikaiana Ethnography

A discussion of the importance of kinship, descent, marriage and family among the Sikaiana people of the Solomon Islands, 1980-1993.

A related website is www.sikaianaarchives.com

Between Tradition And Progress: A Comparative Perspective On Polygamy In The United Satates And India, Cyra Akila Choudhury

Faculty Publications

Both the United States and India have had longstanding experiences with polygamy and its regulation. In the United States, the dominant Protestant majority has sought to abolish Mormon practices of polygamy through criminalization. Moreover, the public policy exception has been used to deny recognition of plural marriages conducted legally elsewhere. India’s approach to polygamy regulation and criminalization has been both similar to and different from that of the United States. With a sizable Muslim minority and a legal framework that recognizes religious law as family law, India recognizes polygamy in the Muslim minority community. However, it has criminalized it in …

Civil Marriage: Threat To Democracy, Jessica Knouse

Michigan Journal of Gender & Law

This Article argues that civil marriage and democracy are inherently incompatible, whether assessed from a transcultural perspective that reduces them to their most universal aspects or a culturally situated perspective that accounts for their uniquely American elaborations. Across virtually all cultures, civil marriage privileges sexual partners by offering them exclusive access to highly desirable government benefits, while democracy presupposes liberty and equality. When governments privilege sexual partners, they effectively deprive their citizens of liberty by encouraging them to enter sexual partnerships rather than selfdetermining based on their own preferences; they effectively deprive their citizens of equality by establishing insidious status …

The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law, Charles J. Reid Jr.

Michigan Journal of Gender & Law

On Sunday, September 19, 1886, Moses Harman, the editor of the radical newspaper Lucifer the Light-Bearer, presided over an inherently contradictory event-a free-love marriage ceremony between his associate editor, the thirty-seven-year-old Edwin Walker, and Moses' own daughter, the sixteen-year-old Lillian. The case that the two Harmans and Walker wished to present aimed to transform marriage from a public to a private relationship and from a permanent and exclusive one to a temporary one that permitted potentially many partners. State v. Walker and its parties have received some scholarly notice, but the truly radical quality of the arguments Moses, Edwin, and …

Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim

Indiana Journal of Global Legal Studies

This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …

Private Parties, Legislators, And The Government's Mantle: On Intervention And Article Iii Standing, Suzanne B. Goldberg

Faculty Scholarship

This essay takes up questions regarding whether initiative proponents and legislators can defend a law in federal court when the government declines to defend. Looking first at intervention under the Federal Rules of Civil Procedure, I argue that neither has the cognizable interest needed to enter an ongoing lawsuit as a party. Yet even if they are allowed to intervene, these would-be defenders of state or federal law cannot take on the government’s mantle to satisfy Article III because the government’s standing derives from the risk to its enforcement powers, which is an interest that cannot be delegated to others. …

Examining Relationships Among Income, Individual And Relationship Distress, And Outcomes In Marriage And Relationship Education For Low-To-Moderate Income Married Couples, Ryan G. Carlson

Electronic Theses and Dissertations

The current study utilized data from a federally-funded healthy marriage grant to examine pre, post, and three-to-six month follow-up changes in relationship satisfaction (as measured by the Dyadic Adjustment Scale total scores) and individual distress (as measured by the Outcomes Questionnaire 45.2). Additionally, the study evaluated income and dosage as predictors of relationship satisfaction and individual distress change at post-assessment and three-to-six month follow-up. Participants included 220 married individuals with children who completed PREP 7.0 (Prevention Relationship Enhancement Program). A repeated measures, split plot, MANOVA indicated statistically significant improvements in relationship satisfaction and individual distress for participants at post-assessment and …