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Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii

Campbell Law Review

No abstract provided.

Costs And Benefits Of Monogamy And Polygyny For Yanomamö Women, Raymond B. Hames

Department of Anthropology: Faculty Publications

In this paper I analyze some of the economic costs and benefits of monogamy and polygyny for Yanomamö women. The evolutionary ecological model of resource defense polygyny predicts that when female choice is operative females will choose those males who control resources that will maximize a female’s reproductive success. A female will choose a polygynous strategy (i.e., become a co-wife) if a currently married male has more resources to offer than other unmarried males or monogamous males. This model has been successfully used to predict polygynous mating in tribal societies where males are stratified in terms of their ownership or …

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 …

The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax

Michigan Journal of Race and Law

This Article seeks to explore in a preliminary way some questions that would be raised by the adoption of such a program. The initial issue raised by the proposal is: does the government ever have any legitimate business favoring some family forms over others? The first-pass answer would appear to be "yes." The law recognizes marriage, restricts it to persons of the opposite sex (at least for now), and confers upon married couples comparative rights and privileges-although fewer than have been enjoyed in the past. The more difficult questions are: what exactly is the nature of the government's interest in …

Pilot Study On Marital Power As An Influence In Division Of Pension Benefits At Divorce Of Long Term Marriages, A, Joan M. Krauskopf, Sharon Burgess Seiling

Journal of Dispute Resolution

The Hewlett Foundation on Dispute Resolution funded a small pilot project designed by the authors to explore whether the hypothesis might be true and to determine a methodology for more extensive research. This article explains the applicable law, aspects of power in negotiation, the research methodology, and the tentative findings from the project.

What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country - taxation, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …

Crisis Of Infertility: Effects Of Length Of Treatment On Emotional And Marital Adjustment, Christie L. Markestad

Graduate Theses

Twenty infertile couples participated in the present study to investigate whether infertile couples receiving medical treatment experience changes in their emotional, marital and sexual adjustment as a result of the length of time they have been in treatment. The couples were divided into three groups based on how long they had been seeking medical attention for infertility. The instruments administered were: SCL-90-R (Symptom Checklist), Dyadic Adjustment Scale (DAS) and Index of Sexual Satisfaction (ISS). It was predicted couples who were in the initial stages of treatment would experience increased levels of emotional, marital and sexual distress, however those levels would …

Martial Adjustment Among Nontraditional Graduate Students, Virginia Siegfried

Graduate Theses

This study used a pretest-posttest design to examine the marital adjustment of 108 nontraditional graduate students as-compared with 42 adults in the general population. Participants' scores on the Dyadic Adjustment Scale showed no significant differences between the two groups, contrary to the study hypothesis. It was also hypothesized that the marital adjustment of graduate students would be better at the beginning of the semester term rather than at the end of the term, and that male graduate students would have a higher level of marital adjustment than female graduate students. Neither of these hypotheses were supported by the data. Overall, …

The Demand For Love And The Mediation Of Desire In La Traición En La Amistad, Matthew D. Stroud

Modern Languages and Literatures Faculty Research

María de Zayas's comedia, La traición en la amistad [Friendship betrayed], presents us with a truly stunning demonstration of intrigue and deception in the service of love. Based on the relationships among nine people, we have women who deceive men, men who deceive women, women who betray each others' friendships, servants who are quick to comment on the absurdity of all these machinations, and a final scene in which most of the principals get married. What distinguishes this play is the presence of the ninth character, Fenisa, who acts and reacts just as the other women do before the …

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 …

The Black Family Structure: A Viable Structure Or A Myth?, Elaine I. Sylvester

Intertext

My objective for writing this essay on the black family was to examine and interrogate a myriad of stereotypes surrounding this family structure. Slavery and its inception need to be explored because it enables one to acquire a better understanding of the modern day black family. It is my hope that once we achieve this level of understanding, if not acceptance, that we may be able to start the healing process that is so necessary.

The Effects Of Parental Conflict And Conflict Resolution On Attitudes Toward Marriage Among University Students, Tina M. Hooper

Graduate Theses and Dissertations

No abstract provided.

Nf95-212 Supporting Stepfamilies, Tana Seymour, Connie Francis, Pat Steffens

University of Nebraska-Lincoln Extension: Historical Materials

This NebFact is the first in a series of NebFacts developed to support and strengthen stepfamilies.

The Adverse Testimony Privilege, Inalienable Entitlements, And The "Internal Stance": A Response To Professor Regan, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Masking Dependency: The Political Role Of Family Rhetoric, Martha Fineman

Faculty Articles

In this Article, I want to explore the schizophrenic nature of the interaction between social ideals and empirical observations concerning dependency. I am particularly interested in the family as a social and political construct that facilitates this interaction. Specifically, I argue that continued adherence to an unrealistic and unrepresentative set of assumptions about the family affects the way we perceive and attempt to solve persistent problems of poverty and social welfare. In the normative conclusions that are generated and reiterated in political and popular discussions about family, we assess the "justice" of particular policies addressing societal problems with reference to …

The Last-In-Time Marriage Presumption, Peter N. Swisher

Law Faculty Publications

The typical scenario for the last-in-time marriage presumption is not as unusual as one might expect: A husband (or wife) has unexpectedly died, and the bereaved surviving spouse is in the process of bringing a legal proceeding that may include a probate action, a wrongful death action, a suit for social security benefits, a workers' compensation action, a life insurance action, or another legal action for related compensatory, probate, or insurance benefits. However, during the pendency of these actions a former wife comes forward, claiming that she has never been divorced from her deceased spouse and that she, rather than …

An Analysis Of The Relationship Between Nurturing Spousal Friendship And Marital Quality, Cherryl Anne Galley

Dissertations

Problem

Limited research has addressed the value of friendship between husbands and wives to the health and well-being of their marital relationships. The present study evaluated the relationship between spousal friendship and marital quality. It made a gender analysis as well.

Method

The Dyadic Adjustment Scale, the Caring Relationship Inventory, and a demographic questionnaire were mailed to 500 couples (1000 married individuals). One or both spouses were members of a Lutheran or a Seventh-day Adventist church in the Columbus, Ohio, area. The sample consisted of 176 married individuals who volunteered to participate anonymously in the research project. A total of …

Is The Alcohol-Complicated Marriage Unique And Does It Involve Codependency, Rachel M. Dodd

Theses and Dissertations

No abstract provided.

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 …

Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri

Law Faculty Publications

This unique reference is a comprehensive encyclopedia dedicated to the institutions, religion, politics, and culture in Muslim societies throughout the world. Placing particular emphasis on the nineteenth and twentieth centuries, The Oxford Encyclopedia of the Modern Islamic World contains over 750 articles in four volumes on Muslims in the Arab heartland as well as South and Southeast Asia, Europe, and the Americas.

An invaluable resource, the Encyclopedia offers extensive comparative and systematic analyses of Islamic beliefs, institutions, movements, practices, and peoples on an international scale. The alphabetically arranged articles range from brief 500-word essays to major interpretive and synthetic treatment …

Internal And External Factors That Hinder Or Help Effective Ministry To Divorced Lutherans: Why They Stay Away/What We Can Do To Bring Them In", Paul Peckman

Doctor of Ministry Major Applied Project

The purpose of this study was to evaluate the factors that hinder or help ministry to divorced people.

Questionnaires to divorced members and pastors, addressing attitudes and perceptions, were the chief tools. Suggestions were solicited to ascertain what promotes meaningful ministry.

Perceptions of pastors and divorced members are often different. The divorced have more intense feelings about the issues and are more lenient in their understanding of grounds for divorce than pastors. Pastors are more inclined to credit internal factors, the divorced external, for what hinders effective ministry.

Pastors need to be more understanding of the dynamics of the divorce …

Proving The Validity Of Marriage, Peter N. Swisher

Law Faculty Publications

The importance of proving the validity of a marriage is not limited to the practice of family and has far-reaching social, legal, and economic implications in other areas of the law as well. For example, wrongful death statutes in Virginia limit recovery of a statutory beneficiary to the legal spouse rather than the de facto spouse. Other areas of the law including intestate succession and probate law, real property law, Social Security benefits, worker's compensation statutes, insurance benefits, and spousal support rights are likewise directly affected by the validity of a marriage.

Thus, a Virginia practitioner, during the course of …

Hera And The Feminine, Louise Cowan

Public Lectures

No abstract provided.

Divorce, Custody, Gender, And The Limits Of Law: On Dividing The Child, Lee E. Teitelbaum

Michigan Law Review

A Review of Dividing the Child: Social and Legal Dilemmas of Custody by Elanor E. Maccoby and Robert H. Mnookin

Scissors, Andy Prall

A Midwestern Review: A Magazine of the Arts and Issues at DePauw University

No abstract provided.

Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider

Articles

In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by …

Differences, Mary Lang

The Prairie Light Review

No abstract provided.

Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer

Faculty Scholarship

No abstract provided.

Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton

Journal Articles

Spouse abuse is no longer a secret. It has become a thorn in America's conscience. Abuse even warranted a lengthy Supreme Court discussion in an opinion on abortion. It is certainly worth thinking about whether anything systemic caused the apparent outbreak of violence in the home. If there is a legal "fix" that would remove incentives to abuse, and therefore reduce the incidence of abuse at the margin, we should know about it.

It is the thesis of this article that increased abuse and other undesirable behavior is a natural consequence of the fact that in some states the marriage …

Under Age: A Minor's Right To Consent To Health Care, Nancy Batterman ,Esq.

Touro Law Review

No abstract provided.