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Full-Text Articles in Law

From Citizenship To Custody: Unwed Fathers Abroad And At Home, Albertina Antognini Jul 2013

From Citizenship To Custody: Unwed Fathers Abroad And At Home, Albertina Antognini

Law Faculty Scholarly Articles

The sex-based distinctions of the Immigration and Nationality Act (INA) have been remarkably resilient in the face of numerous equal protection challenges. In Miller v. Albright, Nguyen v. INS, and most recently United States v. Flores-Villar — collectively the "citizenship transmission cases" — the Supreme Court has upheld the constitutionality of the INA’s provisions that require unwed fathers, but not unwed mothers, to take a series of affirmative steps in order to transmit citizenship to their children born abroad.

The conventional account of these citizenship transmission cases is that the Court upholds sex-based distinctions that would otherwise fail …


Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae Jan 2013

Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae

Pepperdine Law Review

No abstract provided.


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 …


Multicultural Issues In Family Law: An Annotated Bibliography, Nancy Levit Jan 2013

Multicultural Issues In Family Law: An Annotated Bibliography, Nancy Levit

Faculty Works

This bibliography covers law review articles published, for the most part, after 2009. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.


New York Law Of Domestic Violence, Deseriee Kennedy Dec 2012

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 …