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Full-Text Articles in Law
Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky
Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky
Brandon Sadowsky
In this paper, I present the current state of child representation in divorce proceedings. I argue that children should be represented in all divorce proceedings. I then consider the best interest and client-directed models of child representation and argue that each model is supported by important intuitions: paternalism and autonomy, respectively. I try to formulate a hybrid model that satisfies both of these intuitions.
Parental Rights And The Ugly Duckling, Margaret F. Brinig, F. H. Buckley
Parental Rights And The Ugly Duckling, Margaret F. Brinig, F. H. Buckley
Margaret F Brinig
No abstract provided.
Are All Contracts Alike?, Margaret F. Brinig
Finite Horizons: The American Family, Margaret F. Brinig
Finite Horizons: The American Family, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig
"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
From Family To Individual And Back Again, Margaret F. Brinig
From Family To Individual And Back Again, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
Feminism And Child Custody Under Chapter Two Of The American Law Institute's Principles Of The Law Of Family Dissolution, Margaret F. Brinig
Feminism And Child Custody Under Chapter Two Of The American Law Institute's Principles Of The Law Of Family Dissolution, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
Manufacturing Moral Panic As Political Distraction: An Empirical And Social Theoretical Analysis Of Domas, Deirdre Bowen
Manufacturing Moral Panic As Political Distraction: An Empirical And Social Theoretical Analysis Of Domas, Deirdre Bowen
Deirdre M Bowen
This article offers the only empirical analysis to date of national data evaluating the claim that defense of marriage acts (DOMAs) preserve and stabilize the family. After concluding that they do not, the article analyzes what variables are, in fact, correlated with family stability. Specifically, the relationships between families below the poverty line, men and women married three or more times, religiosity, percent conservative versus liberal in a state, disposable income, percent with bachelor’s degree, and median age of first marriage, and marriage and divorce trends is fully explored. Next, the article applies the sociological concepts of moral entrepreneurism, which …
I Wanna Marry You: The Irrelevancy And Distraction Of Doma, Deirdre Bowen
I Wanna Marry You: The Irrelevancy And Distraction Of Doma, Deirdre Bowen
Deirdre M Bowen
This article offers the only empirical analysis to date of national data evaluating the claim that defense of marriage acts (DOMAs) preserve and stabilize the family. The article examines marriage and divorce changes in trends for every state over the last ten years for which data is available comparing changes, if any, before and after a DOMA was enacted or same sex marriage was permitted. After concluding that DOMA does not play a role in either divorce or marriage changes in trends or rates, the article explores what variables are, in fact, correlated with family stability. Given that poverty, religiosity, …
Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril
Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril
Robin S. Maril
Beginning in the 1980s, pro-family advocates lobbied the Reagan administration to take a stronger, more direct role in enforcing traditional family norms through agency rulemaking. In 1986 the White House Working Group on the Family published a report entitled, The Family: Preserving America’s Future, detailing what its authors perceived to be the biggest threats to the “American household of persons related by blood, marriage or adoption – the traditional . . . family.” These threats included a lax sexual culture carried over from the 1960s, resulting in rising divorce rates, children born “out of wedlock,” and increased acceptance of “alternative …
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Scott Titshaw
When the Supreme Court struck down Section 3 of DOMA in United States v. Windsor, it eliminated a categorical barrier to immigration for thousands of LGBT families. Yet Windsor was not an immigration case, and the Court’s opinion did not address at least three resulting immigration questions: What if a same-sex couple legally marries in one jurisdiction but resides in a state that does not recognize the marriage? What if the couple is in a legally-recognized “civil union” or “registered partnership”? Will children born to spouses or registered partners in same-sex couples be recognized as “born in wedlock” for immigration …
New York Law Of Domestic Violence, Deseriee Kennedy
New York Law Of Domestic Violence, Deseriee Kennedy
Deseriee A. Kennedy
NEW YORK LAW OF DOMESTIC VIOLENCE, 3rd ed., is a comprehensive 2-volume, 7-chapter, hardbound treatise published by West (Thomson-Reuters). The treatise is the seminal authority on domestic violence in New York State covering New York State laws and relevant U.S. Supreme Court cases. The authors of the book are Professor Breger (Albany Law School, Albany, NY), Professor Kennedy (Touro School of Law, Central Islip, NY), Jill M. Zuccardy, Esq. (New York City), and now retired Judge Lee Hand Elkins (formerly Brooklyn Family Court). The treatise and its authors have been cited as authority repeatedly by trial and appellate courts, as …