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Articles 1 - 30 of 88
Full-Text Articles in Law
Domestic Relations, Barry B. Mcgough, Gregory R. Miller
Domestic Relations, Barry B. Mcgough, Gregory R. Miller
Mercer Law Review
Fourteen of the domestic relations appellate cases decided during the survey period' are digested here. Georgia law requires that appeals of domestic relations cases occur through the discretionary application process. A party wanting to appeal an order in a domestic relations case must first file an application to obtain the appropriate appellate court's permission to file an appeal. As part of a pilot project, the Georgia Supreme Court announced it would accept all "non-frivolous" applications filed in domestic relations cases during the calendar year 2003. The pilot project does not include cases that would be appealed first to the court …
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.
When One Parent Goes And The Other Parent Stays: The Inconsistency And Inequity Of Guaranteeing Absent Parents Permanent Parental Rights, Wendee M. Hilderbrand
When One Parent Goes And The Other Parent Stays: The Inconsistency And Inequity Of Guaranteeing Absent Parents Permanent Parental Rights, Wendee M. Hilderbrand
Vanderbilt Law Review
It is well settled that the right to make decisions concerning the upbringing of one's children is a fundamental right deserving the utmost constitutional protection from unreasonable state interference. It has also become increasingly well settled over the past twenty-five years that this right is not automatically and permanently guaranteed by biology. Rather, parental stature encompasses both "rights and responsibilities," and the rights are only guaranteed to a parent who has assumed parental responsibilities. Why then is a responsible custodial parent subject to state interference with his or her parental decisions in the interest of guaranteeing an absent parent, who …
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
No abstract provided.
For And Against Marriage: A Revision, Anita Bernstein
For And Against Marriage: A Revision, Anita Bernstein
Michigan Law Review
When anthropologist Henry Sumner Maine issued his famous proclamation that modern legal development evolved "from Status to Contract," he used juridical categories to make a statement about progress. Voluntary relations now build the law, Maine declared. The alternative to voluntary relations - identity-based legal labels to decree what people may and may not do - must relocate to the dustbin of history. Only a backwater society would keep them. American legal change in the century-plus since Maine's death in 1888 gives credence to the claim that status inexorably yields to contract. At one level, newer developments refute the Maine thesis. …
Caring For Mom And Dad: The Importance Of Family-Provided Eldercare And The Positive Implications Of California's New Paid Family Leave Law, K. Nicole Harms
Caring For Mom And Dad: The Importance Of Family-Provided Eldercare And The Positive Implications Of California's New Paid Family Leave Law, K. Nicole Harms
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Postpartum Depression And New York's Child Welfare Policy In Neglect Cases, Sara Anthis
Postpartum Depression And New York's Child Welfare Policy In Neglect Cases, Sara Anthis
Buffalo Women's Law Journal
No abstract provided.
I Do! Or Do I? A Practical Guide To Love, Courtship, And Heartbreak In New York – Or – Who Gets The Ring Back Following A Broken Engagement?, Adam D. Glassman
I Do! Or Do I? A Practical Guide To Love, Courtship, And Heartbreak In New York – Or – Who Gets The Ring Back Following A Broken Engagement?, Adam D. Glassman
Buffalo Women's Law Journal
No abstract provided.
Kantaras V. Kantaras: How A Victory For One Transsexual May Hinder The Sexual Minority Movement, Elizabeth C. Barcena
Kantaras V. Kantaras: How A Victory For One Transsexual May Hinder The Sexual Minority Movement, Elizabeth C. Barcena
Buffalo Women's Law Journal
No abstract provided.
Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan
Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan
Brigham Young University Journal of Public Law
No abstract provided.
Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen
Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen
Brigham Young University Journal of Public Law
The debate over the legality of same-sex marriage has centered largely on the substantive merits of the issue. This article does not. Instead, it seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- "Legality of Same-Sex Marriage Decided" -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme …
The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle
The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
Traditional Marriage: Still Worth Defending, George W. Dent Jr.
Traditional Marriage: Still Worth Defending, George W. Dent Jr.
Brigham Young University Journal of Public Law
No abstract provided.
The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.
The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.
Brigham Young University Journal of Public Law
No abstract provided.
The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe
The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe
Brigham Young University Journal of Public Law
No abstract provided.
Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy
Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy
Brigham Young University Journal of Public Law
No abstract provided.
Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker
Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker
Brigham Young University Journal of Public Law
No abstract provided.
The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan
The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan
Brigham Young University Journal of Public Law
No abstract provided.
Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins
Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins
Brigham Young University Journal of Public Law
No abstract provided.
Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner
Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner
Brigham Young University Journal of Public Law
No abstract provided.
Nunn V. Allen, Living Separate And Apart In North Carolina, Separation Agreements, Sex, The Meaning Of Unmarried, And Liability Of Third Parties, Paulette Benz
North Carolina Central Law Review
No abstract provided.
Parental Autonomy And Children's Welfare, Elizabeth S. Scott
Parental Autonomy And Children's Welfare, Elizabeth S. Scott
William & Mary Bill of Rights Journal
No abstract provided.
Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue
Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
An Unjust Act: The Schizophrenic State Of Maturity And Culpability In Juvenile Justice And Minor Abortion Rights Law; Recent Trends In Virginia And Nationally, Jon-Michael Foxworth
An Unjust Act: The Schizophrenic State Of Maturity And Culpability In Juvenile Justice And Minor Abortion Rights Law; Recent Trends In Virginia And Nationally, Jon-Michael Foxworth
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction To The Symposium: The Relationship Rights Of Children
Introduction To The Symposium: The Relationship Rights Of Children
William & Mary Bill of Rights Journal
No abstract provided.
Rights And Duties Of Childrearing, Peter Vallentyne
Rights And Duties Of Childrearing, Peter Vallentyne
William & Mary Bill of Rights Journal
No abstract provided.
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
William & Mary Bill of Rights Journal
No abstract provided.
Children's Associational Rights?: Why Less Is More, Emily Buss
Children's Associational Rights?: Why Less Is More, Emily Buss
William & Mary Bill of Rights Journal
No abstract provided.
Which Ties Bind? Redefining The Parent-Child Relationship In An Age Of Genetic Certainty, June Carbone, Naomi Cahn
Which Ties Bind? Redefining The Parent-Child Relationship In An Age Of Genetic Certainty, June Carbone, Naomi Cahn
William & Mary Bill of Rights Journal
No abstract provided.
The Modest Promise Of Children's Relationship Rights, David D. Meyer
The Modest Promise Of Children's Relationship Rights, David D. Meyer
William & Mary Bill of Rights Journal
No abstract provided.