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Full-Text Articles in Law

The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen Mar 2021

The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen

Brigham Young University Journal of Public Law

No abstract provided.


Re-Victimization Of Domestic Violence Victims, Angela De La Garza Nov 2020

Re-Victimization Of Domestic Violence Victims, Angela De La Garza

Brigham Young University Journal of Public Law

No abstract provided.


The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders Sep 2018

The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders

Brigham Young University Journal of Public Law

No abstract provided.


The Intertwined Existence Of Families And Religion, Lynn D. Wardle Sep 2018

The Intertwined Existence Of Families And Religion, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Neil B. Johnson Sep 2018

The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Neil B. Johnson

Brigham Young University Journal of Public Law

No abstract provided.


The Intertwined Existence Of Families And Religion, L. Steven Brooks Sep 2018

The Intertwined Existence Of Families And Religion, L. Steven Brooks

Brigham Young University Journal of Public Law

No abstract provided.


The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre Nov 2016

The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre

Brigham Young University Journal of Public Law

No abstract provided.


The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen Nov 2016

The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen

Brigham Young University Journal of Public Law

No abstract provided.


Regulating Marriage In A New Environment, Carmen Garcimartin Nov 2016

Regulating Marriage In A New Environment, Carmen Garcimartin

Brigham Young University Journal of Public Law

No abstract provided.


The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel Nov 2016

The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel

Brigham Young University Journal of Public Law

No abstract provided.


Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang Nov 2016

Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang

Brigham Young University Journal of Public Law

No abstract provided.


An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich Nov 2016

An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich

Brigham Young University Journal of Public Law

No abstract provided.


Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry Dec 2015

Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry

Brigham Young University Journal of Public Law

No abstract provided.


Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, Paul Benjamin Linton Dec 2015

Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, Paul Benjamin Linton

Brigham Young University Journal of Public Law

No abstract provided.


I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher Jun 2015

I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher

Brigham Young University Journal of Public Law

No abstract provided.


A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm Jun 2015

A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm

Brigham Young University Journal of Public Law

No abstract provided.


The Future Of Justic Scalia's Predictions Of Family Law Doom, Robert E. Rains Jun 2015

The Future Of Justic Scalia's Predictions Of Family Law Doom, Robert E. Rains

Brigham Young University Journal of Public Law

No abstract provided.


The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon Jun 2015

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.


"Family Cycles" And The Future Of Family Law, Allan Carlson Jun 2015

"Family Cycles" And The Future Of Family Law, Allan Carlson

Brigham Young University Journal of Public Law

No abstract provided.


The Categorical Distinction Between Adolescents And Adults: The Supreme Court's Juvenile Punishment Cases—Constitutional Implications For Regulating Teenage Sexual Activity, Martin R. Gardner Jul 2013

The Categorical Distinction Between Adolescents And Adults: The Supreme Court's Juvenile Punishment Cases—Constitutional Implications For Regulating Teenage Sexual Activity, Martin R. Gardner

Brigham Young University Journal of Public Law

I undertake in this article the task of exploring the impact of the punishment cases in resolving one particular controversial family law issue involving the possible existence of a juvenile’s constitutional right to engage in sexual conduct prohibited by the state and against the wishes of that juvenile’s parents. While the Supreme Court has seldom decided cases involving direct claims by children of constitutional rights disfavored by their parents, assertions by minors of constitutionally protected sexual liberty have become more prevalent of late in light of the Supreme Court’s recognition in Lawrence v. Texas of a constitutionally protected right, at …


Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser Mar 2013

Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.


“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan Mar 2013

“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan

Brigham Young University Journal of Public Law

No abstract provided.


The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless Mar 2013

The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless

Brigham Young University Journal of Public Law

On the difficult moral issues confronting the judiciary today, a long overlooked bit of guidance is provided in the Declaration of Independence, natural law. This paper discusses the moral foundations of the Constitution and their relation to positive law, primarily addressing "same-sex marriage" in the context of Proposition 8 in California, but broadly applicable to other moral/legal conflicts such as abortion and the display of religious texts on public grounds, such as the Ten Commandments. It also challenges the judicial activism evident in many such cases as a judicial violation of the requirements of substantive due process.


“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro Mar 2013

“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro

Brigham Young University Journal of Public Law

No abstract provided.


The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin Mar 2013

The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin

Brigham Young University Journal of Public Law

No abstract provided.


The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann Mar 2013

The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann

Brigham Young University Journal of Public Law

No abstract provided.


Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle Mar 2013

Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


How The Battle To Redefine Marriage Affected Family Law In Argentina, Ursula C. Basset Mar 2013

How The Battle To Redefine Marriage Affected Family Law In Argentina, Ursula C. Basset

Brigham Young University Journal of Public Law

No abstract provided.


Surging Intercountry Adoptions In Africa: Paltry Domestication Of International Standards, Joseph M. Isanga Jul 2012

Surging Intercountry Adoptions In Africa: Paltry Domestication Of International Standards, Joseph M. Isanga

Brigham Young University Journal of Public Law

No abstract provided.


When Is Parenthood Dissoluble?, Patrick Parkinson May 2012

When Is Parenthood Dissoluble?, Patrick Parkinson

Brigham Young University Journal of Public Law

No abstract provided.