Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Natural Law And The Marriage Of Christians, Robert E. Rodes Nov 2013

Natural Law And The Marriage Of Christians, Robert E. Rodes

Robert Rodes

No abstract provided.


Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton Oct 2013

Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton

Margaret F Brinig

No abstract provided.


Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig Oct 2013

Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock Oct 2013

Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock

Margaret F Brinig

One of the haunting claims of each poor, unmarried mother in Edin and Kefalas' Promises I Can Keep is that at least she can guarantee she will love her child, even though she cannot promise to make a lifelong commitment to a mate. That love, each young mother says, will be a sustaining gift both to her and the child. Similarly, in work done by sociologists McLanahan and Garfinkel to counteract the claim that it was not single parenting that made children's prospects dim, but poverty, sociologists have found that many of the bad effects of single parenting go away …


The Supreme Court's Impact On Marriage, 1967-90, Margaret F. Brinig Oct 2013

The Supreme Court's Impact On Marriage, 1967-90, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


From Family To Individual And Back Again, Margaret F. Brinig Oct 2013

From Family To Individual And Back Again, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig Oct 2013

The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho Aug 2013

What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho

Jeremiah A. Ho

The time may come, far in the future, when contracts and arrangements between persons of the same sex who abide together will be recognized and enforced under state law. When that time comes, property rights and perhaps even mutual obligations of support may well be held to flow from such relationships. But in my opinion, even such a substantial change in the prevailing mores would not reach the point where such relationships would be characterized as "marriages". At most, they would become personal relationships having some, but not all, of the legal attributes of marriage. And even when and if …


The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman Jun 2013

The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman

Martha M. Ertman

This panel, moderated by Naomi Cahn, included presentations by Martha Ertman, Liza Mundy, and Jonathan Rauch.


Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox Jan 2013

Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox

Robin Fretwell Wilson

In the piece, Professor Brad Wilcox and I ask who should care for children when their biological parents cannot? This is a question of potentially explosive dimensions under new definitions of legal parentage proposed in this volume of the WILLIAM & MARY BILL OF RIGHTS JOURNAL. This question is also important today for evaluating state adoption laws. A significant number of states bar consideration of a prospective adopter’s marital or non-marital status. We believe these laws miss an important opportunity to maximize the best interests of each child being placed. In this piece, we take an exclusively child-centered approach, drawing …


Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw Jan 2013

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 …


Registering Relationships, Erez L. Aloni Dec 2012

Registering Relationships, Erez L. Aloni

Erez Aloni

Despite the dramatic changes in family structure in the past decades--including the unprecedented and skyrocketing number of families who live in nonmarital arrangements--marriage and marriage-mimic institutions remain the only legal options for the recognition of relationships. This regulatory regime leaves millions of Americans without the means to establish and protect relationship rights. This Article suggests that the legal issues arising from nonmarital relationships would be best addressed if more options for legal recognition of such relationships were offered. Accordingly, this Article presents the primary principles of a registration-based marriage alternative that is founded on contract: “registered contractual relationships” (RCRs). This …