Law Commons^™

Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan

Indonesia Law Review

The Indonesian Marriage Law states that marriage is a physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that marriages in Indonesia must be between heterosexual couples. However, a question appears as to whether a man or a woman mentioned thereof includes a man and a woman who were hermaphrodite, intersex, or nowadays known as a person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage was cancelled by the Supreme Court in 2014 for …

Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard

William & Mary Bill of Rights Journal

No abstract provided.

How Reasonable Are Reasonable Efforts For The Children Of Incarcerated Parents?, Courtney Serrato

Golden Gate University Law Review

This article will discuss the development of the laws concerning children with incarcerated parents. Ultimately, the goal is to encourage states like California to (1) expand the law regarding reasonable efforts even further, (2) encourage California prisons to take into consideration exceptions for children and incarcerated parents in implementing prison policies, and (3) provide other states with a model for proposing new laws that can be put into practice. The background of this article will explain the federal implementation of The Adoption and Safe Families Act (ASFA) and the necessary changes California made to state law after the enactment of …

A Further Step Toward Protection Of Migration Family Rights, Dr. T. Stark

The Catholic Lawyer

No abstract provided.

The Development Of The Wife's Cause Of Action For Loss Of Consortium

The Catholic Lawyer

No abstract provided.

Child Abuse: Another Attempt At Solving The Problem

The Catholic Lawyer

No abstract provided.

Divorce Law Reform In New York, Earl Phillips

The Catholic Lawyer

No abstract provided.

The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine Baker

All Faculty Scholarship

Most contemporary family law scholarship assumes that propriety of a DNA default for establishing parenthood - a presumption that, in the absence of marriage, whoever had the sex with the mother that resulted in the child should be the father of the child. This article problematizes that DNA default. It demonstrates how the DNA default necessarily magnifies the legal and social importance of sex, discounts the legal significance of women's reproductive labor, and marginalizes all children living outside the binary, heteronormative norm that a genetic regime necessarily edifies. When scrutinized, the DNA default looks just as moralistic and exclusionary as …

Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell

Brooklyn Law Review

As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …

Reproduction Reconceived, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Katherine C. Mcguire

Mercer Law Review

This Article addresses significant case law that arose in Georgia domestic relations law from June 1, 2015 to May 31, 2016.

A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine K. Baker

Katharine K. Baker

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

Ann Shalleck

No abstract provided.

A Non-Contentious Account Of Article Iii's Domestic Relations Exception, James E. Pfander, Emily K. Damrau

Notre Dame Law Review

Scholars and jurists have long debated the origins and current scope of the so-called domestic relations exception to Article III. Rooted in the perception that certain family law matters lie beyond the power of the federal courts, the exception was first articulated in the nineteenth-century decisional law of the Supreme Court and has perplexed observers ever since. Scholarly debate continues, despite the Court’s twentieth-century decision to place the exception firmly on statutory grounds in an effort to limit its potentially disruptive force.

This Article offers a novel, historically grounded account of the domestic relations exception, connecting its origins to the …

The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre

Brigham Young University Journal of Public Law

No abstract provided.

Family Law, Allison Anna Tait

Law Faculty Publications

In the past year, Virginia courts have addressed a range of family law questions—new and old—that reflect the changing landscape of families and marriage. Questions related to same-sex marriage and divorce have begun to appear on Virginia court dockets, including an important case the Supreme Court of Virginia decided this year with respect to same-sex couples cohabiting and the termination of spousal support. Family law courts also saw shifts in gender norms—wives paying spousal support to their husbands and fathers being awarded physical custody of their children. These legal questions tested the limits of statutory language and helped to expand …

Leave And Marriage: The Flawed Progress Of Paternity Leave In The U.S. Military, T. J. Keefe

William & Mary Law Review

No abstract provided.

Family Law, Allison Anna Tait

University of Richmond Law Review

No abstract provided.

Nonmarriage, June Carbone, Naomi Cahn

Maryland Law Review

Now that the Supreme Court has reshaped the laws of marriage, attention is shifting to nonmarriage. The law no longer treats intimate couples who do not marry as either deviant or deprived. Yet, rather than regulate nonmarriage in a systematic way, the law applies two inconsistent doctrines to govern these relationships. This Article is the first to explore the fundamental contradiction in the legal approach to unmarried partners. While the laws governing financial obligations between unmarried couples are moving toward a deregulatory model that radically differs from the status-based regulation of marriage, the laws of custody and support insist on …

The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen

Brigham Young University Journal of Public Law

No abstract provided.

Regulating Marriage In A New Environment, Carmen Garcimartin

Brigham Young University Journal of Public Law

No abstract provided.

The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel

Brigham Young University Journal of Public Law

No abstract provided.

Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang

Brigham Young University Journal of Public Law

No abstract provided.

An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich

Brigham Young University Journal of Public Law

No abstract provided.

Settled Law: The Fourth Circuit Interprets The Settled Child Defense, Kevin R. Eberle

Kevin Eberle

No abstract provided.

Religion And Child Custody, Margaret Brinig

Margaret F Brinig

This piece draws upon divorce pleadings and other records to show how indications of religion (or disaffiliation) that appear in custody agreements and orders (called “parenting plans” in both states studied) affect the course of the proceedings and legal activities over the five years following divorce filing. Some of the apparent findings are normative, but most are merely descriptive and some may be correlative rather than caused by the indicated concern about religion. While parenting plans are accepted by courts only when they are in the best interests of the child (at least in theory), the child’s independent religious needs …

Result Inequality In Family Law, Margaret Brinig

Margaret F Brinig

To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the US Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.

This presentation …

The First Decade Of The Family Law Section, Rev. Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.

College Education Held A "Necessary" In Alimony Decree

The Catholic Lawyer

No abstract provided.