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Family Law

Same-sex marriage

Journal

Washington and Lee University School of Law

Articles 1 - 4 of 4

Full-Text Articles in Law

Marriage, The Constitution, And The Future Of Family Law, Mark Strasser Mar 2015

Marriage, The Constitution, And The Future Of Family Law, Mark Strasser

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz Sep 2009

Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz

Washington and Lee Law Review

This Article addresses the regulation of the relationships between unmarried cohabitants. It challenges the conventional divide between conservative and liberal approaches. On one hand, moral condemnation of nonmarital conjugal relationships and public policy in favor of marriage lead conservatives to reject the application of marriage Law to cohabitating partners. On the other hand, based on principles such as freedom, tolerance, and equality, liberals tend to equate the mutual legal commitments of cohabitants with those ofmarriedpartners. I break with conventional analysis by offering a novel liberal model that separates between the mutual obligations of cohabitants and married partners. The proposed model …


The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto Sep 2008

The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto

Washington and Lee Law Review

The Internal Revenue Code (the Code) contains numerous special rules applicable to the income taxation of persons related by marriage, birth, adoption, or ownership. This Article suggests a new approach to their analysis. Many basic tax rules assume that taxpayers are self-interested and unaffiliated. Where this assumption is incorrect, the Code makes adjustments to its otherwise applicable rules. Most of the resulting related-party antiavoidance rules apply only in the context of specified formal relationships-marriage, parent/child, or owner/business. The Article tests this thesis by comparing the income tax treatment of heterosexual married couples with that of gay couples in committed long-term …


The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill Mar 2007

The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill

Washington and Lee Law Review

No abstract provided.