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The Supreme Court's Impact On Marriage, 1967-90, Margaret F. Brinig

Journal Articles

In the twenty years following Loving, the Supreme Court decided a number of cases dealing with the family. Although the Court reasoned that it was protecting marriage and extending such protection to other forms of families, the perverse effect of these decisions was to weaken the most traditional family type of all, the nuclear family. Adults, and particularly pregnant women and unwed fathers, triumphed in this move towards autonomy and rights. The vanquished included those who depended upon the family for love and sustenance: minor children, elderly adults, and longtime homemakers.

This paper discusses these cases from a family law …

Enlightenment, Donald J. Herzog

Articles

It's a curious broadside, a work of austere graphics and polite prose far removed from the mischievous engravings and bawdy ballads usually appearing on such sheets. Drawn from an address that 345 printers had signed and 138 had presented to the queen, the original text was committed to parchment "and accompanied by a Copy surperbly printed on white Satin, edged with white Silk Fringe, backed with purple Satin, and mounted in an Ivory Roller with appropriate Devices." Even in the published version, the arch is full of intricately detailed work. The printers took pride in their craftmanship: "This Specimen of …

The Mail-Order Bride Industry And Immigration: Combating Immigration Fraud, Amy Elson

Indiana Journal of Global Legal Studies

No abstract provided.

Legal Regulation Of Marriage: From Status To Contract And Back Again?, Jana B. Singer

Faculty Scholarship

The purpose of this paper is to give a brief historical overview of the way in which the American legal system has traditionally regulated marriage.

Nf97-326 Family And Children Web Sites, Herbert G. Lingren

University of Nebraska-Lincoln Extension: Historical Materials

This NebFact presents Web sites that will provide you with useful information about family, children and parenting issues.

The Good Of Marriage And The Morality Of Sexual Relations: Some Philosophical And Historical Observations, John M. Finnis

Journal Articles

This article examines the morality of sexual relations, referencing the views of many other scholars on the subject including Acquinas, Grisez, Noonan, and Koppelman.

Sexual Violence Within Marriage: A Case Study Of Rural Uttar Pradesh, M.E. Khan, John Townsend, Ranjana Sinha, Seema Lakhanpal

Reproductive Health

Until recently the study of sexual behavior, despite being a very important area of human behavior, has remained an untouchable subject. The sensitivity of the subject and difficulties collecting required information discouraged social scientists from venturing into this area of human behavior. However, the advent of AIDS and its rapid spread in India has changed the scenario. Today the study of sexual behavior is an important subject and both national and international agencies, as part of the AIDS control program, are encouraging research on the subject. This paper addresses a totally neglected area, which is sexual coercion within marriage. The …

Review Essay: Sheehan, Michael M. Csb. Marriage, Family, And Law In Medieval Europe. Collected Studies, Albrecht Classen

Quidditas

Sheehan, Michael M. CSB. Marriage, Family, and Law in Medieval Europe. Collected Studies. Ed. James K. Farge. University of Toronto Press, Toronto, 1996. xxxi + 330 pp. $45.00.

The Road Less Taken: Annulment At The Turn Of The Century, Chris Guthrie, Joanna Grossman

Vanderbilt Law School Faculty Publications

It is hardly surprising that certain legal institutions--adoption, wills, and guardianship--have lasted through the centuries. Each meets a different, seemingly timeless need: providing parenting for orphans or abandoned children, distributing property at death, and dealing with legal incapacity, respectively. Similarly, divorce, though it appeared somewhat later, took hold and persisted for an obvious reason-the increasing demand for a legally sanctioned way to terminate broken marriages. The endurance of annulment, however, particularly in the face of increasingly liberalized divorce laws, defies easy explanation. The existence of annulment prior to the mid-nineteenth century is easily explained. Until 1857, England was a "divorceless …

Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner

Michigan Journal of Gender & Law

Although the legal fictions of coverture and guilty property have been repudiated by statutes and the Court respectively, the Supreme Court implicitly resurrected and fused the coverture and guilty property myths in Bennis v. Michigan. In that decision, the Court approved the forfeiture of Ms. Bennis' interest in a car in which her husband engaged in sexual activity with a prostitute. This Article explores that resurrected conglomerate in three parts. Part I is a concise review of the feudal doctrine of coverture and the disabilities it imposed on married women. Part II focuses almost entirely on the decision in …

Lds Counselor Ratings Of Problems Occurring Among Lds Premarital And Remarital Couples, Travis R. Adams

Theses and Dissertations

A fundamental purpose of this study was to provide marriage preparation providers with counselors perceptions of potential marital problem areas. A structured questionnaire was sent to LDS counselors, defined as members of the Association of Mormon Counselors and Psychotherapists (AMCAP). These LDS counselors rated 29 problem areas that LDS couples, (members members of The Church of Jesus Christ of Latter-day Saints), might encounter in a first marriage or remarriage. Results (N=231) were analyzed in an attempt to determine the most frequent, most damaging and most difficult problems to deal with in LDS first marriages and remarriages.

Findings suggest that "communication", …

The O.J. Simpson Verdict: A Lesson In Black And White, Christo Lassiter

Michigan Journal of Race and Law

This article is an attempt to analyze the O.J. Simpson verdict and the press coverage of it, to suggest ways not only of improving criminal justice in a diverse community, but also of improving press coverage of criminal justice in a diverse community. Part Two of this essay is subdivided into two sections. The first section surveys the op-ed pages of major newspapers to evaluate the analysis of, and the commentary on, the O.J. Simpson verdict. The second section deconstructs the press' spin on the verdict. Part Three of this article discusses the role of a jury and proof beyond …

Fannie’S Flirtations: Etiquette, Reality, And The Age Of Choice, Sue Lynn Mcdaniel

SCL Faculty and Staff Publications

The 1890s were, for bright young females, an age of choice. Despite admonitions that flirting would ruin their reputations, many south central Kentucky adolescents enjoyed courtship rituals and remained highly respected in their communities. For every Charlotte Perkins Gilman with a mission set on advancing the status of women within our society, numerous females existed simply to enjoy life’s fullness and frivolity. Fannie Morton Bryan’s life story, as told through her diaries and newspaper accounts, gives readers a glimpse of the many rather than the few, the fun-loving rather than the serious-minded, and the old maid flirt in the largest …

Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George

Journal Articles

In an article marked by the intelligence and fairmindedness for which his work is widely-and rightly-admired, Stephen Macedo has argued against our view that sodomy, including homosexual sodomy, is intrinsically nonmarital and immoral. His goal is to show that "new natural law" theorists, such as Germain Grisez, John Finnis, and the two of us, have no sound argument for drawing moral distinctions-which would, in turn, provide a basis for legal distinctions (particularly in the area of marriage)­ between the sodomitical acts of "devoted, loving, committed homosexual partners" and the acts of genital union of men and women in marriage. We …

Premarital Education: A Model For The Toronto Perth Avenue Seventh-Day Adventist Church, Steve David Cassimy

Doctor of Ministry Projects

Statement of Project

Every pastor is involved in performing marriages. Pastors are also spending a considerable amount of time in post-marital counseling. This project sought to design and implement a Premarital Education program to help prepare couples for marriage and to reduce the number of hours pastors spend with post-marital care. The sessions in the model may prepare couples for life's challenges as they learn to develop communication and coping skills. It is hoped the sessions will aid the couple in handling marital adjustment and in dealing with conflict.

Method

This project report explores a brief history of Premarital Education …

Tribute To William F. Fratcher: Marital Property Rights In Transition, Lawrence W. Waggoner

Articles

"Marital property rights," a term that covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse, are in a state of transition. To discuss the themes and trends that are emerging, this Article is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that much concerns high-powered estate planners because intestate estates are usually fairly small. But to the surviving spouse, …

Women, Family, And Utopia: The Oneida Community Experience And Its Implications For The Present, Lawrence Foster

The Courier

EFFORTS TO DERIVE contemporary lessons from the past are always fraught with difficulty. Seldom has this been more true than in the case of John Humphrey Noyes and the community he founded in mid-nineteenth-century New York State. The Oneida Community and its system of "complex marriage", which both Noyes and his critics somewhat misleadingly described as "free love", have been the focus of extraordinarily wide and divergent interpretations over the past century and a half. These have ranged from extreme treatments arguing that Noyes and Oneida were part of the vanguard of sexual liberation and women's rights to comparisons of …

Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham

Law and Contemporary Problems

The systems that have been created in community property states to address the management of various types of community property are surveyed, and an optimal managment system for marital property is recommended.

An Analysis Of Conceptual Metaphor In Marital Conflict, Anne Elizabeth Burgermeister-Seger

Dissertations and Theses

This thesis investigates metaphoric structure revealed during discussions about conflict, and poses the general question: What conceptual metaphors do married individuals use to structure their marital conflict? Theoretical issues of metaphor analysis and general issues of conflict management are reviewed, providing a background for the study's approach to data collection and analysis. Eight married individuals were interviewed. Interviews were tape recorded. The interview schedule was structured around issues of topic, setting, process, response, and communication of typical, as well as a most recent, marital conflict. More specific probing followed respondents' comments. Using techniques of interpretive analysis, transcripts from the interviews …

From Contract To Covenant: Situating The Lutheran Marriage Rite, 1978, In Terms Of Praxis And Theology, Eric E. Dyck

Consensus

No abstract provided.

Reforming The Law Of Gratuitous Transfers: The New Uniform Probate Code, John H. Langbein, Lawrence W. Waggoner

Articles

In the mid-1980s the Uniform Law Commission undertook a landmark revision of the American law of gratuitous transfers. These reforms culminated in a drastically revised Uniform Probate Code ("UPC"). The revisions inspired the Albany Law Review to organize this symposium issue for the purpose of examining the 1990 UPC. In this introductory paper, we point to the main themes of the reform movement, discuss some of the traits and constraints of the uniform law process, and comment on some of the suggestions and insights that appear in the symposium articles.

A Study Of Religious Switching Among Interfaith Marriages At The Trinity United Methodist Church, Clayton, New Jersey , Robert Hugh Sturge

ATS Dissertations

No abstract provided.

Marital Property Rights In Transition, Lawrence W. Waggoner

Articles

The subject of "marital property rights" is very timely because those rights are in a state of transition. The term "marital property rights" covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse. This lecture is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that high-powered estate planners get involved in very much because intestate estates are usually fairly small. …

Meanings Of Marriage: The Structure Of Marital Expectations In Nineteenth Century America, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On April 10, 1991, Professor of Law, Hendrik A. Hartog of the University of Wisconsin Law School, delivered the Georgetown Law Center’s eleventh Annual Philip A. Hart Memorial Lecture: "Meanings of Marriage: The Structure of Marital Expectations in Nineteenth Century America."

Hendrik Hartog is the Class of 1921 Bicentennial Professor of the History of American Law and Liberty at Princeton University. He holds a PhD. in the History of American Civilization from Brandeis University (1982), a J.D. from the New York University School of Law (1973), and an A.B. from Carleton College (1970). Before coming to Princeton, he taught at …

Uncoupling: Perspectives Of American Families Through The Eyes Of Contemporary Fiction Writers, Charles F. Angell

Bridgewater Review

No abstract provided.

Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman

Michigan Law Review

Whenever Lelia Robinson, a nineteenth-century woman lawyer, prepared to take a case to court, she faced a particular problem what to do about her hat. "Shall the woman attorney wear her hat when arguing a case or making a motion in court," she asked in 1888, "or shall she remove it?" Robinson's question was not a frivolous matter of fashion, but a serious concern to every woman lawyer who entered the courtroom. As a proper lady of her day, it was not only appropriate that she wear a hat in public, it was expected of her. But as a lawyer, …

Rule By The Danda: Domestic Violence Among Indo-Fijians, Shireen Lateef

Pacific Studies

No abstract provided.

Family Traits, Inga Markovits

Michigan Law Review

A Review of The Transformation of Family Law: State, Law and Family in the United States and Western Europe