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Full-Text Articles in Law
Same-Sex Marriage And Due Process Traditionalism, Ronald Turner
Same-Sex Marriage And Due Process Traditionalism, Ronald Turner
University of Richmond Law Review
No abstract provided.
Dual Rationality Of Same-Sex Marriage: Creation Of New Rights In The Shadow Of Incomplete Contract Paradigm, Saby Ghoshray
Dual Rationality Of Same-Sex Marriage: Creation Of New Rights In The Shadow Of Incomplete Contract Paradigm, Saby Ghoshray
University of Massachusetts Law Review
In an effort to reconcile the inconsistency between liberal ideals and inequitable adjudication of marriage rights amongst our citizens, this article will seek answers to these issues. By straddling the contractual confines of marriage via law and economic analysis, Part II of the article explores the contractual paradigm of marriage to examine whether the framework is independent of sexual orientation and it the deliberately incomplete nature of marriage can provide consistencies for all types of marriages. Part III examines whether the private aspiration of marriage should necessarily be linked with public consequences by evaluating the impact of marriage’s social cost …
On Equality: The Anti-Interference Principle, Donald J. Kochan
On Equality: The Anti-Interference Principle, Donald J. Kochan
University of Richmond Law Review
This essay seeks to summarize the general equality concept and proposes that equality requires that the government engage in anti-interference with individual choices and activities, so long as these things create no negative externalities for others. If we are serious about respecting equality, such interference actions should be avoided. Adopting an "anti-interference principle" is a necessary foundation for achieving the goal of true equality. The primary point is that equality matters. The purpose of this essay is not to survey the vast political, jurisprudential, and academic debate on equality, but instead, to take a broad look at the philosophical concept …
New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard
New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard
NYLS Law Review
No abstract provided.
Rocks, Hard Places, And Unconventional Domestic Violence Victims: Expanding Availability Of Civil Orders Of Protection In New York, Sarah E. Warne
Rocks, Hard Places, And Unconventional Domestic Violence Victims: Expanding Availability Of Civil Orders Of Protection In New York, Sarah E. Warne
NYLS Law Review
No abstract provided.
New Jersey’S Civil Union Law: A Constitutional “Equal” Creates Inequality, Thomas H. Prol
New Jersey’S Civil Union Law: A Constitutional “Equal” Creates Inequality, Thomas H. Prol
NYLS Law Review
No abstract provided.
Falling To Pieces: New York State Civil Legal Remedies Available To Lesbian, Gay, Bisexual, And Transgender Survivors Of Domestic Violence, Sharon Stapel
NYLS Law Review
No abstract provided.
Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez
Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez
St. Mary's Law Journal
Throughout America, homosexual men and women have fought for the protection of their constitutional rights; gay men, lesbian women, and bisexual persons have petitioned the government for marital rights, adoption privileges, and recognition in the armed forces. While American culture has changed to include homosexuals in its daily life, the judicial branch has been hesitant in accepting gay culture within the legal system. While American courts remained reluctant to invalidate anti-sodomy statutes, Lawrence v. Texas pushed homosexual issues to the forefront. Gay activists demanded that the courts recognize homosexual individuals as persons deserving of constitutional protections. In doing so, Lawrence …