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Articles 1 - 5 of 5
Full-Text Articles in Law
The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill
The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill
Scholarly Publications
Now that national marriage equality for same-sex couples has become the law of the land, commentators are turning their attention from the relationships into which some gays and lesbians enter to the mechanisms on which they — and many others — rely in order to reproduce. Even as one culture war makes way for another, however, there is something that binds them: a desire to establish the family. This Article focuses on a problematic manifestation of that desire: the incest prevention justification. The incest prevention justification posits that the law ought to regulate alternative reproduction in order to minimize the …
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh Goodmark
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh Goodmark
Florida State University Law Review
No abstract provided.
Differential Response: A Dangerous Experiment In Child Welfare, Elizabeth Bartholet
Differential Response: A Dangerous Experiment In Child Welfare, Elizabeth Bartholet
Florida State University Law Review
Differential Response represents the most important child welfare initiative of the day, with Differential Response programs rapidly expanding throughout the country. It is designed to radically change our child welfare system, diverting the great majority of Child Protective Services cases to an entirely voluntary system. This Article describes the serious risks Differential Response poses for children and the flawed research being used to promote it as “evidence based.” It puts the Differential Response movement in historical context as one of a series of extreme family preservation movements supported by a corrupt merger of advocacy with research. It argues for reform …
Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widniss
Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widniss
Florida State University Law Review
If, as is widely expected, the Supreme Court soon holds that bans on same-sex marriage are unconstitutional, it is almost certain that the decision will rely heavily on the Court’s reasoning in United States v. Windsor. I strongly support marriage equality. However, a decision that amplifies Windsor’s conception of the harm caused by exclusionary marriage rules could set back efforts to secure legal recognition of, and respect for, non-marital families. That is, Windsor rectified a deep inequality in the law—that same-sex marriages were categorically denied federal recognition—but in so doing it embraced a traditional understanding of marriage as superior to …
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Florida State University Law Review
No abstract provided.