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Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret F. Brinig, Linda C. Mcclain

Journal Articles

This essay revisits Mary Ann Glendon’s comparative law study, Abortion and Divorce in Western Law and her subsequent book, Rights Talk: The Impoverishment of Political Discourse. Glendon’s comparative study actually included a third topic: “forms of dependency which are connected with pregnancy, marriage, and child raising.” The topic of dependency has obvious relevance to consideration of intergenerational obligations and the interplay between family responsibility and societal responsibility for addressing dependency needs. A central claim Glendon made in both books is that the U.S. legal tradition is “libertarian,” views individuals as “lone rights bearers,” and exalts the “right to be …

The Past, Present And Future Of The Marital Presumption, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

The marital presumption is deeply rooted in Anglo-American law: a husband and wife are assumed to be the father and mother of any child born during their marriage. With the advent of sophisticated genetic testing, no-fault divorce and changing family structures, however, American states are now questioning the continued validity of the presumption. Paternity can be determined with certainty and much of the stigma associated with the circumstances of a child’s birth has disappeared. In the face of these changes, the presumption has been exposed as a legal fiction without a simple meaning, even as it continues to confer parenthood: …

Talking Black And Sleeping White... Talking White And Sleeping Black: A Socio-Legal Examination Of Interracial Marriage In America, Kailey J. Schwallie

Senior Independent Study Theses

A historical socio-legal examination of interracial marriage and the transformation of the institution of marriage in the United States from 1883 to 1967. Focuses on miscegenation legislation, the social and legal reasons behind bans on interracial marriage, and the progressive liberalization of society and concurrent legal changes, which resulted in an overturning of the legal prohibitions on interracial marriage. This thesis presents a close examination of three critical Supreme Court cases in regard to interracial marriage, and the social climate of American race relations at the time of each case. There is also a comparison drawn between the historical debate …

The Several Faces Of Late-Gothic Eve: Gender And Marriage In The Mystery Creation And Fall Plays, Thomas Flanigan

Quidditas

The critical drive to make fundamental, substantive distinctions between Catholic and Protestant dogma and culture has always been central to early modern English studies, but over the past fifty years a prominent contingent of literary and historical scholars has endeavored more specifically to identify and articulate significant differences between Catholic and Protestant perceptions of women and marriage. According to one familiar, now widely accepted theory advanced primarily by Miltonists, a relatively feminist and pro-marriage Protestant ethic emerged in response to the extreme, aggressively misogynistic attitudes attributed to late-medieval Catholic thought. This paper will seek to demonstrate, through a close comparative …

The Creation Of "Trash The Dress" : A Solo Play, Kristina Sutton

LSU Master's Theses

The thesis project called for the MFA candidate to create a one-person show of originality and entertainment between 25 minutes and 45 minutes in length. This thesis, submitted to the Graduate School of Louisiana State University as partial requirement for graduation with the Master of Fine Arts degree in Theatre, follows the creation of a solo performance piece by Kristina Sutton, called “Trash the Dress.” The thesis includes inspiration for creating this solo performance piece, initial correspondence between the MFA candidate and consultants, research material and a copy of the script, personal reflection on writing and rehearsal challenges, photos from …

The 'Federal Law Of Marriage': Deference, Deviation, And Doma, W. Burlette Carter

GW Law Faculty Publications & Other Works

The article discusses the history of federal inroads into marriage by examining federal interventions during the nineteenth and early twentieth century, argues that, in some cases but not all, marriages' federal benefits are indeed intended to support natural procreation, argues that DOMA's underlying statutes are key to ascertaining the purposes of federal marriage benefits and burdens, distinguishes sexual orientation discrimination from race discrimination and offers a proposal for dealing with equal protection challenges to denials of marriage rights to same sex couples. The proposal, which depends upon dual standards of review, recognizes the historical denial of family rights to same …

The Intergenerational Transmission Of Attitudes On Divorce And Marriage, Rebecca Elizabeth Bivona-Guttadauro

Master's Theses

The present study shed light on the process of intergenerational transmission of attitudes as it occurs for women from divorced and intact families. Taking into account how women from divorced and intact homes view their parents' relationship, this study examined how attitudes of marriage and divorce are transmitted from parents to children. This study utilized quantitative survey methods including surveys to gather data and nested multiple linear regression to analyze the data to determine how the process of intergenerational transmission of attitudes was occurring, if at all, for the women in the sample. Utilizing sample data from a large public …

"It's This Simple, You Really Have To Want To Be Together": A Qualitative Study Of African American Military Couples, Emelda Curry

USF Tampa Graduate Theses and Dissertations

Recent studies have reported that African American couples in the military are less likely to divorce than their civilian counterparts. This dissertation was designed to document the experiences of African American military couples in order to understand the challenges they face while serving in the armed forces and the strategies they have used to maintain their marriages. A grounded theory approach was utilized to produce 12 main themes that categorize experiences of both the individual and the couple within the context of their respective military branch. Photo-elicitation was incorporated into semi-structured interviews with 10 couples to identify what they consider …

The Ecology Of Medical Care In Beijing, Shuang Shao, Feifei Zhao, Jing Wang, Lei Feng, Xiaoqin Lu, Juan Du, Yuxiang Yan, Chao Wang, Yinghong Fu, Jingjing Wu, Xinwei Yu, Kaykeng Khoo, Youxin Wang, Wei Wang

Research outputs 2013

Background: We presented the pattern of health care consumption, and the utilization of available resources by describing the ecology of medical care in Beijing on a monthly basis and by describing the socio-demographic characteristics associated with receipt care in different settings. Methods: A cohort of 6,592 adults, 15 years of age and older were sampled to estimate the number of urbanresident adults per 1,000 who visited a medical facility at least once in a month, by the method of three-stage stratified and cluster random sampling. Separate logistic regression analyses assessed the association between those receiving care in different types of …

Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret F. Brining, Linda C. Mcclain

Faculty Scholarship

This essay revisits Mary Ann Glendon’s comparative law study, Abortion and Divorce in Western Law and her subsequent book, Rights Talk: The Impoverishment of Political Discourse. Glendon’s comparative study actually included a third topic: “forms of dependency which are connected with pregnancy, marriage, and child raising.” The topic of dependency has obvious relevance to consideration of intergenerational obligations and the interplay between family responsibility and societal responsibility for addressing dependency needs.

A central claim Glendon made in both books is that the U.S. legal tradition is “libertarian,” views individuals as “lone rights bearers,” and exalts the “right to be let …

No One Best Way: Work-Family Strategies, The Gendered Division Of Parenting, And The Contemporary Marriages Of Mothers And Fathers, W. Bradford Wilcox, Jeffrey P. Dew

Faculty Publications

The gender revolution of the last half-century has dramatically reshaped the nature, quality, and stability of marriage and parenthood in the United States. A half-century ago, most married mothers did not work outside the home, and most men and women preferred this arrangement. But over the course of the second half of the twentieth century, mothers streamed into the labor force, fathers devoted more time to childcare and housework, and public opinion largely swung behind these changes, with most Americans expressing normative support for working mothers, as well as for more egalitarian relationships between mothers and fathers in the home …

What Is Parenthood?: Contemporary Debates About The Family Introduction, Linda C. Mcclain, Daniel Cere

Faculty Scholarship

Extraordinary changes in patterns of family life – and family law – have dramatically altered the boundaries of parenthood and opened up numerous questions about debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Despite this uncertainty, the intense focus on the definition and future of marriage diverts attention from parenthood. Demographic reports suggesting a shift away from marriage and toward alternative family forms also keep marriage in constant public view, obscuring the fact that disagreements about marriage are often grounded in deeper, conflicting convictions about parenthood. This book (as the posted …

The Influence Of Interracial/Interethnic Relationships With Black, Latino, And Native American Men On Race/Ethnic Identity Of A Group Of Asian American Women, Malyna Kettavong

Theses, Dissertations, and Projects

This study was undertaken to explore the research question of "How do interracial/interethnic relationships with Black, Latino, and Native American men influence the race/ethnic identity of Asian American women?" Although there is a plethora of research on Asian and White interracial relationships, there are no studies that look at interracial relationships between Asian women and Black, Hispanic and Native American men. Also, only a couple of the current studies have examined how interracial relationships influence the perception by Asian women of their racial/ethnic identity. Nine Asian American women residing in various parts of the United States participated in this research …

Shakespeare's Taming Of The Shrew Compared With The Expectations Of Elizabethan Marriage, Jessica Asay

Student Works

Shakespeare's Taming of the Shrew demonstrates the possible equality of marriage within Elizabethan marriage standards. However, in order to understand the importance of this concept one must first understand the negotiations, and role expectations within marriage during this time period. In Taming of the Shrew, Shakespeare first introduces the audience to Petruchio who emulates the traditional man in an Elizabethan marriage. Then he establishes Katherine's character which does not fit into the expected role of subservient wife. Shakespeare compares their relationship to the traditional marriage because Shakespearean audiences would have been familiar with this social commentary. Katherine realizes that she …

Marriage Politics In Measure For Measure, Brinn Bullough

Student Works

During the Renaissance, violence and immorality had grown unchecked in England, and as a new Puritan government came into power, leaders determined to rein it in through drastic social and legal reform. But when certain behaviors that are morally acceptable in public opinion and practice come in conflict with the regulations and ideologies of new leadership, could justice actually be more effective when tempered with forgiveness and opportunities for restitution, rather than strict enforcement? These challenges were especially involved in perceptions of what was acceptable and legal in shifting marriage practices during Shakespeare's time. In addition, more widespread access to …

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 …

Why Chinese Neo-Confucian Women Made A Fetish Of Small Feet, Aubrey L. Mcmahan

Grand Valley Journal of History

Abstract for “Why Chinese Neo-Confucian Women Made a Fetish of Small Feet”

This paper explores the source of the traditional practice of Chinese footbinding which first gained popularity at the end of the Tang dynasty and continued to flourish until the last half of the twentieth century.[1] Derived initially from court concubines whose feet were formed to represent an attractive “deer lady” from an Indian tale, footbinding became a wide-spread symbol among the Chinese of obedience, pecuniary reputability, and Confucianism, among other things.[2]^,[3] Drawing on the analyses of such scholars as Beverly Jackson, Valerie Steele …

Infusing Technology Into The Performing Arts At Cal Poly, Tyler Whipple

Liberal Arts and Engineering Studies

No abstract provided.

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 …

Steps Toward Creating And Validating An Evidence-Based Couples Curriculum, H Wallace Goddard, James P. Marshall, Jonathan R. Olson, Steven A. Dennis

Journal of Extension

This article describes a four-step process for creating an evidence-based couples curriculum and describes the first steps in applying this process. Specifically, we developed a self-report questionnaire to operationalize a model of healthy relationships. We gathered data from 1,204 married people in a southeastern state and conducted a series of analyses to assess the psychometric properties of the questionnaire and the predictive usefulness of the general model. Results indicated partial support for the reliability and validity of the instrument. In addition, certain aspects of the model were significantly related to positive marital outcomes.

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 …

Cloaking A Challenge To Missouri's Marriage Amendment With A Challenge For Survivor Benefits, Benjamin S. Harner

Missouri Law Review

This Law Summary focuses on Glossip’s ongoing challenge to receive survivor benefits. The case not only implicates the Missouri Constitution’s equal protection and due process clauses, but it is also controversial because it involves the same-sex marriage issues that have stirred national debate for quite some time. This Law Summary will discuss each of these issues. Specifically, Part II provides the legal background for Missouri’s equal protection and substantive due process clauses and provides case law pertaining to situations similar to Glossip’s that have arisen in other states. Part III provides a more in-depth background of Glossip’s lawsuit, focusing on …

Doma And Presidential Discretion: Interpreting And Enforcing Federal Law, Joseph Landau

Fordham Law Review

No abstract provided.

Cause Lawyers Inside The State, Douglas Nejaime

Fordham Law Review

No abstract provided.

Involuntary Imports: Williams, Lutwak, The Defense Of Marriage Act, Federalism, And “Thick” And “Thin” Conceptions Of Marriage, Lynn D. Wardle

Fordham Law Review

No abstract provided.

The Solicitor General’S Office, Tradition, And Conviction, Charles Fried

Fordham Law Review

No abstract provided.

Missing Links In The President’S Evolution On Same-Sex Marriage, Saikrishna Bangalore Prakash

Fordham Law Review

No abstract provided.

Interpretive Schizophrenia: How Congressional Standing Can Solve The Enforce-But-Not-Defend Problem, Abner S. Greene

Fordham Law Review

No abstract provided.

Widening The Social Context Of Disablement Among Married Older Adults: Considering The Role Of Nonmarital Relationships For Loneliness, David F. Warner, Scott A. Adams

Department of Sociology: Faculty Publications

Utilizing the stress process and life course perspectives, we investigated the influence of non-spousal social support on the associations between marital quality, physical disability, and loneliness among married older adults. Using data from the National Social Life, Health, and Aging Project (NSHAP), we found that the association between physical disability and loneliness was partially accounted for by the fact that physical disability was associated with less supportive nonmarital relationships. While physically-disabled older adults in higher-quality marriages were buffered from loneliness, supportive non-martial relationships did not offset elevated loneliness among those in low-quality marriages. These associations were largely similar for men …