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Articles 1 - 30 of 36
Full-Text Articles in Law
Domestic Relations, Barry B. Mcgough, Gregory R. Miller
Domestic Relations, Barry B. Mcgough, Gregory R. Miller
Mercer Law Review
This survey period saw major changes to domestic relations law. With the political changes in the state legislature came sweeping reforms to what seemed to be deeply entrenched laws. Although Georgia law presently requires appeals of all domestic relations cases occurring through the discretionary application process, the Georgia Supreme Court extended its 2003 pilot project into its third year, agreeing to accept all "non-frivolous" applications filed in divorce and alimony cases. As a result, those interested in domestic relations law have benefited from many more substantive decisions from the appellate courts on a variety of issues. Revisions to the Uniform …
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Two Mothers And Their Child: A Look At The Uncertain Status Of Nonbiological Lesbian Mothers Under Contemporary Law, Rachel E. Shoaf
Two Mothers And Their Child: A Look At The Uncertain Status Of Nonbiological Lesbian Mothers Under Contemporary Law, Rachel E. Shoaf
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Same-Sex Marriages In New York: The Langan And Hernandez Decisions, Ann Xin Zhu
Same-Sex Marriages In New York: The Langan And Hernandez Decisions, Ann Xin Zhu
Buffalo Women's Law Journal
No abstract provided.
Phase Three Of New York State Domestic Violence Law: The Financial Aftermath, Jennifer Sarkees
Phase Three Of New York State Domestic Violence Law: The Financial Aftermath, Jennifer Sarkees
Buffalo Women's Law Journal
No abstract provided.
Beyond Our Conception: A Look At Children Born Posthumously Through Reproductive Technology And New York Intestacy Law, Erica Howard-Potter
Beyond Our Conception: A Look At Children Born Posthumously Through Reproductive Technology And New York Intestacy Law, Erica Howard-Potter
Buffalo Women's Law Journal
No abstract provided.
Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker
Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker
BYU Law Review
No abstract provided.
The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.
The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.
West Virginia Law Review
No abstract provided.
Marriage And The Betrayal Of Perez And Loving, Monte Neil Stewart, William C. Duncan
Marriage And The Betrayal Of Perez And Loving, Monte Neil Stewart, William C. Duncan
BYU Law Review
No abstract provided.
Confronting America's Ambivalence Towards Same-Sex Marriage: A Legal And Policy Perspective, Justin R. Pasfield
Confronting America's Ambivalence Towards Same-Sex Marriage: A Legal And Policy Perspective, Justin R. Pasfield
West Virginia Law Review
No abstract provided.
In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn
In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn
Indiana Law Journal
No abstract provided.
The Parental Discipline Defense In New Zealand: The Potential Impact Of Reform In Civil Proceedings, Jennifer A. Brobst
The Parental Discipline Defense In New Zealand: The Potential Impact Of Reform In Civil Proceedings, Jennifer A. Brobst
North Carolina Central Law Review
No abstract provided.
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Indiana Law Journal
No abstract provided.
The Open-Records Debate: Balancing The Interests Of Birth Parents And Adult Adoptees, Caroline B. Fleming
The Open-Records Debate: Balancing The Interests Of Birth Parents And Adult Adoptees, Caroline B. Fleming
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Plight Of Putative Father: Public Policy V. Paternity Fraud, Maegan Padgett
The Plight Of Putative Father: Public Policy V. Paternity Fraud, Maegan Padgett
West Virginia Law Review
No abstract provided.
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Campbell Law Review
This comment focuses on the Confrontation Clause's interpretation throughout history and demonstrates the adverse effects the current state of the law has on child sex abuse victims like Alice and Bonnie. As such, the United States Supreme Court should declare that current statutory protections for child sex abuse victims are valid exceptions to the Confrontation Clause. Additionally, states should be encouraged to establish these statutes where they do not exist.
Parental Rights Movement On Utah's Capitol Hill Should Not Make Gains At The Expense Of The State's Children, David B. Dibble
Parental Rights Movement On Utah's Capitol Hill Should Not Make Gains At The Expense Of The State's Children, David B. Dibble
Brigham Young University Education and Law Journal
No abstract provided.
A New Era Of Dead-Beat Dads: Determining Social Security Survivor Benefits For Children Who Are Posthumously Conceived, Ann-Patton Nelson
A New Era Of Dead-Beat Dads: Determining Social Security Survivor Benefits For Children Who Are Posthumously Conceived, Ann-Patton Nelson
Mercer Law Review
In Gillett-Netting v. Barnhart, the United States Court of Appeals for the Ninth Circuit held that posthumously conceived children born to a married couple were dependent under the Social Security Act ("Act") and entitled to child's survivor benefits. The posthumously conceived children in Gillett-Netting were born as a result of an in vitro fertilization process conducted after the husband's death. After the birth of her twins, the mother filed for benefits under the Act based on her late husband's earnings. The court ruled that because the twins were their father's legitimate children under Arizona law, they were to be …
Unwed Fathers' Rights In Adoption: The Virginia Code Vs. The Uniform Adoption Act, Erin Green
Unwed Fathers' Rights In Adoption: The Virginia Code Vs. The Uniform Adoption Act, Erin Green
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
In Re M.J.J., J.P.L., & J.P.G: The "Qualified Expert Witness" Requirements Of The Indian Child Welfare Act, Paul David Kouri
In Re M.J.J., J.P.L., & J.P.G: The "Qualified Expert Witness" Requirements Of The Indian Child Welfare Act, Paul David Kouri
American Indian Law Review
No abstract provided.
"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons
"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons
Michigan Journal of Gender & Law
To contribute to a full moral deliberation about same-sex marriage, this Article inquires into the meanings of marriage, sexuality, and family from historical and narrative perspectives that are situated at the intersection of religious and political domains.
You May Never See Your Child Again: The Batterer's Visitation Rights To Protect Children From Future Abuse, Prentice L. White
You May Never See Your Child Again: The Batterer's Visitation Rights To Protect Children From Future Abuse, Prentice L. White
American University Journal of Gender, Social Policy & the Law
No abstract provided.
African American Intimacy: The Racial Gap In Marriage, R. Richard Banks, Su Jin Gatlin
African American Intimacy: The Racial Gap In Marriage, R. Richard Banks, Su Jin Gatlin
Michigan Journal of Race and Law
This essay is divided into three parts. Part I documents the extent of the racial gap in marriage. Part II uses the marriage patterns of affluent Black men in particular to speculate about how the relationships of Black men and women might be influenced by the relative numbers of men and women and the men's socioeconomic characteristics in ways that depress marriage rates. Part III connects the low rate of marriage among African Americans to the differing interracial marriage rates of Black men and women.
The End Of Poverty: Economic Possibilities For Our Time By Jeffrey Sachs Penguin Press, 2005, Elizabeth Hahn
The End Of Poverty: Economic Possibilities For Our Time By Jeffrey Sachs Penguin Press, 2005, Elizabeth Hahn
Sustainable Development Law & Policy
No abstract provided.
The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady
The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady
American Indian Law Review
No abstract provided.
Implementing The U.N. Convention On The Rights Of The Child, Lauren M. Spitz
Implementing The U.N. Convention On The Rights Of The Child, Lauren M. Spitz
Vanderbilt Journal of Transnational Law
The United Nations Convention on the Rights of the Child, adopted by the General Assembly on November 20, 1989, articulates a comprehensive scheme of rights specifically tailored to children. International recognition of children's rights is only the first step, however. The effectiveness of the Convention on the Rights of the Child depends on the signatories' efforts to comply with its provisions and to incorporate children's rights into existing schemes of established rights. The 1996 Constitution of the Republic of South Africa includes specific rights for children resembling those articulated in the Convention on the Rights of the Child. Although South …
Squeezing Subjectivity From The Doctrine Of Unconscionability, Paul Bennett Marrow
Squeezing Subjectivity From The Doctrine Of Unconscionability, Paul Bennett Marrow
Cleveland State Law Review
Issues of unconscionability are most often encountered in two arenas: commercial agreements and family law agreements. In the first arena this Article proposes that the analysis should focus on the impact of a suspect term on the integrity of the contracting system or to an enabling statute. If a contract term materially undermines or compromises the integrity of the system for contracting or the integrity of an enabling statute, it should be found unconscionable. In the family law arena things differ because of the substance of the relationships involved and because the need for mutual consideration is de-emphasized. Accordingly, in …
Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman
Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman
Cleveland State Law Review
This article is divided into five parts. The first part discusses the justification for our society's continued promotion of the institution of marriage. The second discusses why prenuptial agreements have become so widespread. The third gives an account of American courts' shift from rejecting prenuptial agreements to routinely enforcing them. The fourth presents my argument for treating as inequitable per se the enforcement of prenuptial agreements. And the fifth explores how the adoption of my view of prenuptial agreements might affect the popularity of marriage.
No-Fault Death: Wedding Inheritance Rights To Family Values, Linda Kelly Hill
No-Fault Death: Wedding Inheritance Rights To Family Values, Linda Kelly Hill
Kentucky Law Journal
No abstract provided.
How Parents And Children Disappear In Our Courts - And Why It Need Not Ever Happen Again, James A. Cosby
How Parents And Children Disappear In Our Courts - And Why It Need Not Ever Happen Again, James A. Cosby
Cleveland State Law Review
Part One of this Article further examines those moral, factual and legal dynamics in the family that make these cases so difficult. Part Two summarizes the present state of the law, and demonstrates precisely where and why the current legal approach is falling short. I will show how the law specifically fails to adequately define the rights of parents, substantively as well as procedurally and, I will furthermore demonstrate how, in their current forms, the doctrines of parental autonomy and the best interests of the child are far too broad and too rigid for many cases involving the parent-child relationship. …