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Articles 1 - 7 of 7

Full-Text Articles in Law

Will Marriage Promotion Work?, Vivian E. Hamilton Sep 2019

Will Marriage Promotion Work?, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton Sep 2019

The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton

Vivian E. Hamilton

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 …


Why We Should Raise The Marriage Age, Vivian E. Hamilton Sep 2019

Why We Should Raise The Marriage Age, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Principles Of U.S. Family Law, Vivian E. Hamilton Sep 2019

Principles Of U.S. Family Law, Vivian E. Hamilton

Vivian E. Hamilton

What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it …


Mistaking Marriage For Social Policy, Vivian E. Hamilton Sep 2019

Mistaking Marriage For Social Policy, Vivian E. Hamilton

Vivian E. Hamilton

This Article examines the role of marriage in society, focusing on the state's use of marriage as a proxy for desirable outcomes in social policy. Its analytical point of departure is the normative vision of modern marriage embraced by many of its proponents. From there, the idealized marriage is analyzed, not as a monolithic, opaque institution, but as one whose functional components may be identified and examined. The Article identifies the following as the primary functions of the normative marital family: expression; companionship; sex/procreation; caretaking; and economic support or redistribution. Analyzing the roles in society of each of these functions, …


Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton Sep 2019

Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Family Structure, Children, And Law, Vivian E. Hamilton Sep 2019

Family Structure, Children, And Law, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.