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Full-Text Articles in Law

16 And Pregnant: Minors' Consent To Abortion And Adoption, Malinda L. Seymore Aug 2012

16 And Pregnant: Minors' Consent To Abortion And Adoption, Malinda L. Seymore

Malinda L. Seymore

A minor girl’s decision about the resolution of an unplanned pregnancy is a highly contested issue. Especially contentious is the minor’s ability to consent to an abortion without the assistance of an adult such as her parents or a judge. That issue has received substantial attention from policy makers, scholars, judges and legislators. Almost no attention has been paid, however, to the decision of a minor parent to continue her pregnancy, relinquish her constitutionally-protected parental rights and place a child for adoption. In 37 states, a minor’s abortion decision is regulated differently from the decision of an adult’s, while in …


Christian J.W.—A Tale Of Two Moms: Unequal Treatment Of Same-Sex Couples And A Proposed Change In Adoption Laws In Wisconsin, Matthew W. Giesfeldt Apr 2012

Christian J.W.—A Tale Of Two Moms: Unequal Treatment Of Same-Sex Couples And A Proposed Change In Adoption Laws In Wisconsin, Matthew W. Giesfeldt

Matthew W. Giesfeldt

After In re the Termination of Parental Rights of Christian J.W., the legal community in Wisconsin is now more aware that same-sex, unmarried partners face more restrictive burdens when seeking to adopt one partner’s biological child than do heterosexual couples seeking to do the same. These burdens may raise Equal Protection concerns. These burdens also demonstrate that Wisconsin adoption laws simultaneously promote conflicting public policies. Finally, these burdens are unnecessarily wasting Wisconsinites’ resources.

Christian J.W. reveals an opportunity for the Wisconsin Legislature. Namely, the lawmaking body should act to eliminate this inequality in the state’s adoption laws. Such action will …


Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor Apr 2012

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor

Raymond C. O'Brien Professor

FAMILY LAW’S CHALLENGE TO RELIGIOUS LIBERTY Raymond C. O’Brien ABSTRACT Towards the end of the 1960s, states began to enact no-fault divorce; eventually every state would permit marriages to be dissolved without extensive litigation, often on the ground of separation for a minimum period of time, or irreconcilable differences. Such innovative family law legislation challenged the heretofore dominant worldview, which viewed marriage as dissoluble only when circumstances were extreme. Throughout the 1970s an increasing number of adult men and women cohabited as same and opposite sex couples; their rights as nonmarital cohabitants protected under expanding Constitutional guarantees and judicial decisions. …


Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor Apr 2012

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor

Raymond C. O'Brien Professor

FAMILY LAW’S CHALLENGE TO RELIGIOUS LIBERTY Raymond C. O’Brien ABSTRACT Towards the end of the 1960s, states began to enact no-fault divorce; eventually every state would permit marriages to be dissolved without extensive litigation, often on the ground of separation for a minimum period of time, or irreconcilable differences. Such innovative family law legislation challenged the heretofore dominant worldview, which viewed marriage as dissoluble only when circumstances were extreme. Throughout the 1970s an increasing number of adult men and women cohabited as same and opposite sex couples; their rights as nonmarital cohabitants protected under expanding Constitutional guarantees and judicial decisions. …


Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor Apr 2012

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor

Raymond C. O'Brien Professor

FAMILY LAW’S CHALLENGE TO RELIGIOUS LIBERTY Raymond C. O’Brien ABSTRACT Towards the end of the 1960s, states began to enact no-fault divorce; eventually every state would permit marriages to be dissolved without extensive litigation, often on the ground of separation for a minimum period of time, or irreconcilable differences. Such innovative family law legislation challenged the heretofore dominant worldview, which viewed marriage as dissoluble only when circumstances were extreme. Throughout the 1970s an increasing number of adult men and women cohabited as same and opposite sex couples; their rights as nonmarital cohabitants protected under expanding Constitutional guarantees and judicial decisions. …


Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor Apr 2012

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor

Raymond C. O'Brien Professor

FAMILY LAW’S CHALLENGE TO RELIGIOUS LIBERTY Raymond C. O’Brien ABSTRACT Towards the end of the 1960s, states began to enact no-fault divorce; eventually every state would permit marriages to be dissolved without extensive litigation, often on the ground of separation for a minimum period of time, or irreconcilable differences. Such innovative family law legislation challenged the heretofore dominant worldview, which viewed marriage as dissoluble only when circumstances were extreme. Throughout the 1970s an increasing number of adult men and women cohabited as same and opposite sex couples; their rights as nonmarital cohabitants protected under expanding Constitutional guarantees and judicial decisions. …


Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor Apr 2012

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor

Raymond C. O'Brien Professor

FAMILY LAW’S CHALLENGE TO RELIGIOUS LIBERTY Raymond C. O’Brien ABSTRACT Towards the end of the 1960s, states began to enact no-fault divorce; eventually every state would permit marriages to be dissolved without extensive litigation, often on the ground of separation for a minimum period of time, or irreconcilable differences. Such innovative family law legislation challenged the heretofore dominant worldview, which viewed marriage as dissoluble only when circumstances were extreme. Throughout the 1970s an increasing number of adult men and women cohabited as same and opposite sex couples; their rights as nonmarital cohabitants protected under expanding Constitutional guarantees and judicial decisions. …


Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor Apr 2012

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Professor

Raymond C. O'Brien Professor

FAMILY LAW’S CHALLENGE TO RELIGIOUS LIBERTY Raymond C. O’Brien ABSTRACT Towards the end of the 1960s, states began to enact no-fault divorce; eventually every state would permit marriages to be dissolved without extensive litigation, often on the ground of separation for a minimum period of time, or irreconcilable differences. Such innovative family law legislation challenged the heretofore dominant worldview, which viewed marriage as dissoluble only when circumstances were extreme. Throughout the 1970s an increasing number of adult men and women cohabited as same and opposite sex couples; their rights as nonmarital cohabitants protected under expanding Constitutional guarantees and judicial decisions. …