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Articles 1 - 13 of 13
Full-Text Articles in Law
The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney
The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney
Touro Law Review
No abstract provided.
Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig
Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig
Akron Law Review
The purpose of this Article is to expand the scope of the discussion from one of morality to include a sociological approach, called Diffusion Theory...Section II of this Article explains Diffusion Theory. Section III explores the background of DOMA and the factual background in which DOMA is being challenged by the states and private citizens. Section IV discusses the fundamentals behind the Florida adoption ban and how the change in the message by the challengers has proven effective. The final part, Section V, analyzes whether the approach should center on the inevitability of the change, as reflected in the Justice …
Certiorari And The Marriage Equality Cases, Carl Tobias
Certiorari And The Marriage Equality Cases, Carl Tobias
University of Michigan Journal of Law Reform Caveat
Marriage equality has come to much of the nation. Over 2014, many district court rulings invalidated state proscriptions on same- sex marriage, while four appeals courts upheld these decisions. However, the Sixth Circuit reversed district judgments which struck down bans in Kentucky, Michigan, Ohio, and Tennessee. Because that appellate opinion created a patchwork of differing legal regimes across the country, this Paper urges the Supreme Court to clarify marriage equality by reviewing that determination this Term.
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Seattle University Law Review
Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders
Indiana Law Journal
Essays on the Implications of Windsor and Perry
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Indiana Law Journal
In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …
Changed Embraces, Changes Embraced? Renouncing The Heterosexist Majority In Favor Of A Return To Traditional Two-Spirit Culture, Trista Wilson
Changed Embraces, Changes Embraced? Renouncing The Heterosexist Majority In Favor Of A Return To Traditional Two-Spirit Culture, Trista Wilson
American Indian Law Review
No abstract provided.
The Family Law Doctrine Of Equivalence, Amy L. Wax
The Family Law Doctrine Of Equivalence, Amy L. Wax
Michigan Law Review
Students of patent law learn the doctrine of equivalents. According to the doctrine, a patent protects an invention that does "the same work in substantially the same way, and accomplish[ es] substantially the same result," as the device described in the patent, even if it differs "'in name, form, or shape." In her new book, Nancy Polikoff has fashioned something like a parallel doctrine for families. Let's call it (with a slight play on words) the family law Doctrine of Equivalence. In today's world, according to Polikoff, a broad set of relationships now plays the same role as marriage and …
The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek
The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek
Michigan Journal of Gender & Law
The broad differences between the United States and Canadian cases raise important questions about the social, political and legal factors that have promoted the extension of marriage rights in Canada while retarding similar efforts in the U.S. This article will compare the recent history of same-sex marriage laws in the United States and Canada. We argue that proponents of same-sex marriage as well as lawmakers could learn important lessons from the recent legalization of same-sex marriage in Canada. Section II develops a framework for comparing the U.S. and Canadian experience with same-sex marriage law. The next section traces Canada's recent …
Contesting Conservatisms, Family Feuds And The Privatization Of Dependency, Brenda Crossman
Contesting Conservatisms, Family Feuds And The Privatization Of Dependency, Brenda Crossman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Marriage And Belonging, Ann Laquer Estin
Marriage And Belonging, Ann Laquer Estin
Michigan Law Review
Marriage is a quintessentially private institution. Justice Douglas put the point this way in 1965, writing for the Supreme Court in Griswold v. Connecticut: "We deal with a right of privacy older than the Bill of Rights - older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association …
Annual Survey Of Virginia Law: Domestic Relations, Lynne Marie Kohm
Annual Survey Of Virginia Law: Domestic Relations, Lynne Marie Kohm
University of Richmond Law Review
Within the past year, there have been changes of formidable importance in many major areas of domestic relations, both nationally and in Virginia. This article will review the major judicial and legislative developments in family law in Virginia in the context of national domestic relations law, with an eye toward trends in Virginia.
Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett
Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett
Indiana Law Journal
No abstract provided.