Law Commons^™

Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen

BYU Law Review

No abstract provided.

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Family Law In The Republic Of Ireland, William Binchy

Georgia Journal of International & Comparative Law

No abstract provided.

Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn

Georgia Journal of International & Comparative Law

No abstract provided.

Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras

Michigan Journal of Gender & Law

In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for “the right to life of the unborn,” which was deemed “equal” to the right to life of the “mother.” Since then, enshrining fetal rights in constitutions and in legislation has emerged as a key part of anti-abortion campaigning. This Article traces the constitutionalization of fetal rights in Ireland and its implications for law, politics, and women. In so doing, it provides a salutary tale of such an approach. …

Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord

Hofstra Law Review

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

Brigham Young University Journal of Public Law

No abstract provided.

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

Brigham Young University Journal of Public Law

No abstract provided.

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Katherine S. Cornwell

Mercer Law Review

This Article addresses significant case law that arose during the survey period,' minor statutory changes specific to child support, and changes to the Uniform Superior Court Rules.

Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi

Pace Law Review

The governing law in this area is new and evolving and, as such, the allocation of the legal rights and responsibilities depend on which state has jurisdiction over the matter. This article will discuss the basic types of surrogacy agreements and examine the legal distinctions of their enforceability under New York and California law.

Alimony's Job Lock, Margaret Ryznar

Akron Law Review

In family law, courts often prevent people who owe alimony from changing jobs. If a job change is accompanied by a salary decrease, the court will not necessarily readjust the alimony obligation and instead impute the higher income to the obligor. This Article introduces the term “job lock” to describe this situation, borrowing the term from the health care context, wherein job immobility due to health insurance concerns has received significant scrutiny. This Article draws similar attention to the alimony context, proposing a balancing test to assist courts interested in alleviating job lock under certain circumstances.

Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Home Is Where The Heart Is: Determining The Standard For Habitual Residence Under The Hague Convention Based On A Child-Centric Approach, Aimee Weiner

Seton Hall Circuit Review

No abstract provided.

Due Date: Enforcing Surrogacy Promises In The Best Interest Of The Child, Browne C. Lewis

St. John's Law Review

(Excerpt)

This Article is not meant to debate whether surrogacy contracts should be legal. The purpose of this Article is to address situations where the surrogate reneges on her promise and attempts to keep the child. In particular, this Article deals with the adjudication of maternity after the surrogate has breached the agreement by failing to turn the child over to the intended parent or parents. This Article is divided into four parts. Part I discusses the current ways courts resolve breaches of surrogacy contracts. Part II evaluates the appropriateness of legal remedies like damages and specific performance when a …

What To Expect When Someone Is Expecting For You: New Jersey Needs To Protect Parties To Gestational Surrogacy Agreements Following In Re T.J.S., Melissa Ruth

Villanova Law Review

No abstract provided.

Divorce Equality, Allison Anna Tait

Washington Law Review

The battle for marriage equality has been spectacularly successful, producing great optimism about the transformation of marriage. The struggle to revolutionize the institution of marriage is, however, far from over. Next is the battle for divorce equality. With the initial wave of same-sex divorces starting to appear on court dockets, this Article addresses the distinctive property division problems that have begun to arise with same-sex divorce and that threaten, in the absence of rule reform, to both amplify and reinscribe problems with the conventional marital framework. Courts have failed to realize the cornerstone concept of equitable distribution—marriage as an economic …

Identity, Law, And The Right To A Dream?, Robert Leckey

Dalhousie Law Journal

This paper engages critically with the new orthodoxy holding that individuals have a "right" to know their genetic origins and that such knowledge is crucial to realizing their identities. It examines two case studies: the Pratten litigation under the Canadian Charter of Rights and Freedoms regarding anonymous donor conception and scholarship approving a reform to Quebec's adoption law. It addresses the supposed "identity gap" between those who are adopted or donor-conceived and those who are neither Arguments for law reform exaggerate that gap, opposing the incomplete, insecure identity of the adopted or donorconceived to the ostensibly complete, secure identity of …

Peran Negara Dalam Memberikan Perlindungan Hukum Bagi Calon Pasangan Kawin Beda Agama (Kba) Di Indonesia, Kadek Wiwik Indrayanti, Aloysius R. Entah

Jurnal Hukum & Pembangunan

No abstract provided.

We Wouldn’T Be Here If It Weren’T For Them: Encouraging Family Caregiving Of Indigent Parents Through Filial Responsibility Laws, Katie Sisaket

Journal of Public Law and Policy

No abstract provided.

Termination Of Parental Rights Of Mentally Disabled Parents In New York: Suggestions For Fixing An Overbroad, Outdated Statute, Brandon R. White

Buffalo Public Interest Law Journal

No abstract provided.

Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke

Michigan Law Review First Impressions

The state of Texas denies birth certificates to children born in the United States—and thus citizens under the Fourteenth Amendment—if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Supreme Court’s substantive due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This Essay builds on my earlier analysis by examining United States v. Obergefell’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I argue, can …

No Money, No Lawyer — No Children: The Right To Counsel For Indigent Defendants In Nevada Termination Of Parental Rights Proceedings, Erik J. Foley

Nevada Law Journal

No abstract provided.

Abolish Fault-Oriented Divorce In Ohio - As A Service To Society And To Restore Dignity To The Domestic Relations Court, John D. Cannell

Akron Law Review

A PROMINENT COMMON PLEAS JUDGE, who for 10 years has been presiding in the Domestic Relations Division of the Court of Common Pleas of one of Ohio's more populated counties, was recently heard to say: "Ohio's divorce law is hypocritical, lousy and archaic." About Ohio's divorce laws it has also been said: "Perhaps there is no statute in Ohio more abused than the statute concerning 'divorce and alimony.' Perhaps there is no statute under which greater imposition is practiced upon the court and more injustice done to individuals." These were the words of Judge Hitchcock of the Ohio Supreme Court' …

Abolish Fault-Oriented Divorce In Ohio - As A Service To Society And To Restore Dignity To The Domestic Relations Court, John D. Cannell

Akron Law Review

A PROMINENT COMMON PLEAS JUDGE, who for 10 years has been presiding in the Domestic Relations Division of the Court of Common Pleas of one of Ohio's more populated counties, was recently heard to say: "Ohio's divorce law is hypocritical, lousy and archaic." About Ohio's divorce laws it has also been said: "Perhaps there is no statute in Ohio more abused than the statute concerning 'divorce and alimony.' Perhaps there is no statute under which greater imposition is practiced upon the court and more injustice done to individuals." These were the words of Judge Hitchcock of the Ohio Supreme Court …

Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton

Akron Law Review

In an Ohio divorce action when there is a contest for the custody of a minor child, the proper standard to be employed by the court is: what arrangement will be in the best interest of the child?' In an action for modification of a custody award the same standard is applicable. A statute provides that one parent is not preferred over the other; however, all other considerations being equal, custody will normally be given to the mother, provided that she is fit.

An Examination Of The Condonation Doctrine, Marvin M. Moore

Akron Law Review

Under American and English Law a spouse who has once condoned a marital transgression by his mate is thereafter barred from using that transgression as grounds for divorce. All of the common grounds for divorce, including adultery, cruelty, habitual drunkenness, and desertion, are subject to the condonation principle. The doctrine had its origin in the canon law of the Roman Catholic Church, where it was applied by the ecclesiastical courts in adjudicating petitions for divorce (amensa et thoro) grounded on cruelty or adultery. The principle survived the changes caused by the Reformation to subsist as part of English ecclesiastical law, …

An Examination Of Connivance, A Defense To Divorce, John W. Wheeler

Akron Law Review

"Connivance" has been defined as consent of the complainant, express or implied, to the misconduct now alleged as a ground for divorce." The element of corrupt consent is considered to be an essential ingredient. Once established, connivance represents a bar to a divorce. The courts have reasoned that a spouse whose conduct facilitated to the other's adultery has no more right to complain of his mate's sexual unfaithfulness than does a husband whose wife has been raped. The underlying principle is expressed by the latin aphorism, "Volenti non fit injuria," which means, "He who consents cannot receive an injury."

Mere …

The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio

Akron Law Review

It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.

Dissolution Of Marriage - "Fresh Air In Family Court", John R. Milligan

Akron Law Review

The state has a vital interest in marriage and divorce as a matter of public policy. Divorce is not simply a private controversy between husband and wife. The family relationship is the basis of our society, and its preservation is a matter of state concern. Publication or circulation of any article "with the intent to procure or aid in procuring divorces, either in this state or elsewhere" is made a crime punishable by a fine of $25 to $500 and/or six months' imprisonment.

The Effect Of The Change In The Age Of Majority On Prior Divorce Decrees Providing For Child Support, Stephen F. Ahern

Akron Law Review

The purpose of this article is to consider the effect of the statutory change in the age of majority on the construction and enforcement of support orders entered prior to the effective date of the new statutory age. The goal is to provide the domestic relations practitioner with a shorthand guide as to how these issues have been decided in Ohio and in other states and, finally, to provide an analysis of these decisions.