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The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn Johnsen Nov 2012

The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn Johnsen

Fordham Law Review

No abstract provided.


The Moral Complexity Of Cause Lawyers Within The State, David Luban Nov 2012

The Moral Complexity Of Cause Lawyers Within The State, David Luban

Fordham Law Review

No abstract provided.


Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers Nov 2012

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 Nov 2012

“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.


Collegiality And Individual Dignity, Tobias Barrington Wolff Nov 2012

Collegiality And Individual Dignity, Tobias Barrington Wolff

Fordham Law Review

No abstract provided.


The George-Anne, Georgia Southern University Oct 2012

The George-Anne, Georgia Southern University

The George-Anne

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Marital Power Plays, Gina Liu '14 Oct 2012

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 …


Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Oct 2012

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien

University of Arkansas at Little Rock Law Review

Over time, the definition of family has shifted from being premised upon kinship to legal status. In modern times, family structure is based more upon function than form, seeking to derive its status as a family from the subjective intent of its members to act as a family. Many early settlers in the colonial territories came to America to escape religious persecution and practice their own religion.

For that reason, biblical language and religious doctrine formed the basis for common law, statutes, and practice. Today, there remains the notion among many Americans that the law represents a divine plan and …


Hassman, Drusilla (Hand), 1875-1971 (Mss 413), Manuscripts & Folklife Archives Sep 2012

Hassman, Drusilla (Hand), 1875-1971 (Mss 413), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 413. Chiefly courtship letters addressed to Drusilla (Hand) Hassman, Evansville, Indiana from various male admirers. Also correspondence with her husband, Fred Hassman, and letters sent to them as a married couple from friends and family.


Ten Questions Every Cohabitant Should Think About Before Moving In, Robin F. Wilson Sep 2012

Ten Questions Every Cohabitant Should Think About Before Moving In, Robin F. Wilson

Scholarly Articles

None available.


Nature, Culture, And Social Engineering: Reflections On Evolution And Equality, Linda C. Mcclain Sep 2012

Nature, Culture, And Social Engineering: Reflections On Evolution And Equality, Linda C. Mcclain

Faculty Scholarship

This book chapter explores evolution and morality by considering the appeal to nature, and in particular to how evolution has shaped female and male brains differently, to explain evident sex differences and the persistence of sex inequality. It uses as illustrative the popularizing accounts of male and female brains found in Louann Brizendine, The Female Brain and The Male Brain, and the portrayal in such accounts of fundamental male and female differences in human mate selection and parenting. Drawing on the work of scientist and philosophers, the chapter critiques these accounts for engaging in an increasingly popular “neurosexism.” Such neurosexism …


Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff Aug 2012

Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff

Marquette Elder's Advisor

This is a case study of an elderly couple who executed a pre-nuptial agreement to keep their assets separated. When the husband required long-term care, the state required the assets of both to be considered in determining Medicaid eligibility. This article explores the effect and applicability of the Just Say No rule and the difficulty of preserving the assets of the non-institutionalized spouse.


Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo Aug 2012

Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo

Marquette Elder's Advisor

This comprehensive article discusses the unique problems in estate planning encountered by gays and lesbians. Among the items explored are joint representation, advance directives, guardianship, long-term care planning and insurance, Medicare and Medicaid planning, nursing home care, exempt transfers, wills, revocable trusts, gift taxation, and the unique problems encountered which counselors must consider when representing gay and lesbian clients.


Rethinking Children As Property, Kevin Noble Maillard Jul 2012

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 …


Homosexuals, Equal Protection, And The Guarantee Of Fundamental Rights In The New Decade: An Optimist’S Quasi-Suspect View Of Recent Events And Their Impact On Heightened Scrutiny For Sexual Orientation-Based Discrimination, John Nicodemo Jul 2012

Homosexuals, Equal Protection, And The Guarantee Of Fundamental Rights In The New Decade: An Optimist’S Quasi-Suspect View Of Recent Events And Their Impact On Heightened Scrutiny For Sexual Orientation-Based Discrimination, John Nicodemo

Touro Law Review

No abstract provided.


Rowan Family Papers (Mss 418), Manuscripts & Folklife Archives Jul 2012

Rowan Family Papers (Mss 418), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 418. Correspondence and papers of Kentucky lawyer and politician John Rowan, Sr., and relatives in the Rowan, Lytle, Steele, Boone and Buchanan families. Several letters have been typescripted and can be viewed here (click on "Additional Files" below).


A Survey Of Non-Classical Polyandry, Kathrine E. Starkweather, Raymond Hames Jun 2012

A Survey Of Non-Classical Polyandry, Kathrine E. Starkweather, Raymond Hames

Department of Anthropology: Faculty Publications

We have identified a sample of 53 societies outside of the classical Himalayan and Marquesean area that permit polyandrous unions. Our goal is to broadly describe the demographic, social, marital, and economic characteristics of these societies and to evaluate some hypotheses of the causes of polyandry. We demonstrate that although polyandry is rare it is not as rare as commonly believed, is found worldwide, and is most common in egalitarian societies. We also argue that polyandry likely existed during early human history and should be examined from an evolutionary perspective. Our analysis reveals that it may be a predictable response …


The Probate Definition Of Family: A Proposal For Guided Discretion In Intestacy, Susan N. Gary Jun 2012

The Probate Definition Of Family: A Proposal For Guided Discretion In Intestacy, Susan N. Gary

University of Michigan Journal of Law Reform

Intestacy statutes may not match the wishes of many people who die intestate. Changes to the Uniform Probate Code (UPC) include or exclude potential takers, as the drafters attempt to bring the UPC provisions closer to the intent of more intestate decedents. As the UPC tries to fine-tune the intestacy statutes, however, family circumstances continue to get more and more complicated. Families headed by unmarried couples, blended families with children from multiple marriages, and families in which adults raise children who are not legally theirs, have become commonplace. For some decedents, non-family friends and caregivers may be more important than …


Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli Jun 2012

Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli

University of Michigan Journal of Law Reform

This Article traces the evolution of the Uniform Probate Code's (UPC) broad equality framework for inheritance by nonmarital children in the context of the wider movement for legal equality for such children in society. It concludes that the UPC is to be lauded for its efforts to provide equal treatment to all nonmarital children. The UPC's commitment to such equality serves an expressive function for state legislatures and courts to follow its lead. The UPC has fulfilled its promise that all children regardless of marital status shall be equal for purposes of inheritance from or through parents, with one exception: …


The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders Jun 2012

The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders

Michigan Law Review

Same-sex marriage is now legal in six states, and tens of thousands of same-sex couples have already gotten married. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. These mini-defense of marriage acts not only forbid the creation of same-sex marriages; they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These nonrecognition laws effectively transform the marital parties into legal strangers, causing significant harms: property rights are potentially altered, spouses disinherited, children put at risk, and financial, …


Violence During Pregnancy Among Young Married Women In Nepal, Prakrity Silwal May 2012

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 May 2012

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 …


Evidence Of Anxiety: Women's Agency And Engagement Law In American Literature And Film, 1880-1935, Carl Nicholas Bloom May 2012

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 …


Happily Ever After? Redefining Womanhood And Marriage In Nineteenth-Century Novels, Laura Elizabeth Cox May 2012

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 …


Exploring Aspects Of Strong Remarriages, Marci Campbell May 2012

Exploring Aspects Of Strong Remarriages, Marci Campbell

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Remarriage is often studied with a focus on the difficulties associated with the complexities of remarriage. The focus of this study was to explore aspects of strong remarriages. Ten couples that had been remarried for 5 years were interviewed separately about their strong remarriage. Prevalent topics were compiled and organized into factors that contribute to a strong remarriage. These factors include: commitment, love, religion/spirituality, communication, compatibility, financial agreement, and physical intimacy. Additionally, expectations of remarriage were explored. The majority of the individuals expressed that their remarriage exceeded their expectations. A discussion of suggestions for future research is included.


The Marriage Metaphor In The Book Of Hosea, Amy Bost Henegar Apr 2012

The Marriage Metaphor In The Book Of Hosea, Amy Bost Henegar

Leaven

No abstract provided.


National Report: Spain, Carlos Martínez De Aguirre Aldaz, Pedro De Pablo Contreras Apr 2012

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

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Areas Of Marital Dissatisfaction Among Long-Term Couples, Jill D. Duba, Aaron W. Hughey, Tracy Lara, Monica G. Burke Apr 2012

Areas Of Marital Dissatisfaction Among Long-Term Couples, Jill D. Duba, Aaron W. Hughey, Tracy Lara, Monica G. Burke

Adultspan Journal

No abstract provided.


"This Doll's House Will Fall": An Exploration Of Nineteenth-Century Society And Its Impact On The Individual, Jasmine Smith Apr 2012

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

XULAneXUS

No abstract provided.


The Relationship Between Personality And Forgiveness Of Sexual Infidelity In Marriage, Karen Suggs Roper Apr 2012

The Relationship Between Personality And Forgiveness Of Sexual Infidelity In Marriage, Karen Suggs Roper

Doctoral Dissertations

Discovery of sexual infidelity is often accompanied by a strong desire for infidelity relevant information (Peluso, 2007). This study explored how information and conceptualization of situational factors affects forgiveness in a spouse who discovers the extramarital sexual activity of his or her spouse. The current study focused on knowledge of details and how such knowledge affected rumination and motivations of revenge, avoidance, and benevolence. Popular literature currently promotes a process of healing that begins with a revelation of the details associated with the extramarital behaviors of the offending spouse. A unique objective of this study was consideration of the specific …