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Full-Text Articles in Law
Federal Visions Of Private Family Support, Laura A. Rosenbury
Federal Visions Of Private Family Support, Laura A. Rosenbury
Laura A. Rosenbury
This Article offers a new perspective on the relationship between family and federalism by analyzing why the government — whether state or federal — recognizes family at all. The Article examines the current balance between state and federal authority over family by reviewing the Supreme Court’s recent decisions in Astrue v. Capato, upholding the Social Security Administration’s deference to states’ intestacy laws when distributing benefits to posthumously conceived children, and United States v. Windsor, in which the Court struck down a provision of the federal Defense of Marriage Act. Although each decision affirmed the states’ primary role in defining family …
Rights And Realities, Laura A. Rosenbury
Rights And Realities, Laura A. Rosenbury
Laura A. Rosenbury
The author responds to Melissa Murray's article, The Networked Family: Reframing the Legal Understanding of Caregiving and Caregivers, 94 Va. L. Rev. 385 (2008).
Two Ways To End A Marriage: Divorce Or Death, Laura A. Rosenbury
Two Ways To End A Marriage: Divorce Or Death, Laura A. Rosenbury
Laura A. Rosenbury
Default rules governing property distribution at divorce and death are often identified as one of the primary benefits of marriage. This Article examines these default rules in all fifty states, exposing the ways property distribution differs depending on whether the marriage ends by divorce or death. The result is often counter-intuitive: in most states, a spouse is likely to receive more property if her marriage ends by divorce than if the marriage lasts until "death do us part." This difference can be explained in part by the choices of feminist activists over the past thirty-five years: feminists played a large …
Friends With Benefits, Laura A. Rosenbury
Friends With Benefits, Laura A. Rosenbury
Laura A. Rosenbury
Family law has long been intensely interested in certain adult intimate relationships, namely marriage and marriage-like relationships, and silent about other adult intimate relationships, namely friendship. This Article examines the effects of that focus, illustrating how it frustrates one of the goals embraced by most family law scholars over the past forty years: the achievement of gender equality, within the family and without. Part I examines the current scope of family law doctrine and scholarship, highlighting the ways that the home is still the organizing structure for family. Despite calls for increased legal recognition of diverse families, few scholars have …
The Pope's Rich Bag Of Diversity For Families, John G. Culhane
The Pope's Rich Bag Of Diversity For Families, John G. Culhane
John G. Culhane
No abstract provided.
The Hague Convention And Domestic Violence: Proposals For Balancing The Policies Of Discouraging Child Abduction And Protecting Children From Domestic Violence, Shani M. King
Shani M. King
The Hague Convention on the Civil Aspects of International Child Abduction (the Convention) was enacted in response to a pattern of parental abduction across international borders to thwart or preempt custody arrangements in one country and seek a more advantageous setting for litigating custody issues in another. Consequently, the Convention was designed to discourage the abduction of children across international borders and to encourage respect for custody and access arrangements in countries from which children were abducted. To implement the Convention, the United States enacted the International Child Abduction Remedies Act (ICARA) on April 29, 1988. Much has been written …
Law, Culture, And Family: The Transformative Power Of Culture And The Limits Of Law, Nancy E. Dowd
Law, Culture, And Family: The Transformative Power Of Culture And The Limits Of Law, Nancy E. Dowd
Nancy Dowd
Law inevitably is involved in the resolution of cultural conflicts. Nonintervention acts as powerfully as intervention; in either case, law is a powerful actor in its role as a part of cultural dialogue, as well as in its role as a coercive force. Law is never neutral in my view. If it “stays out” of a situation, then it is complicit in the status quo or in permitting the conflict to be resolved without legal intervention, which may weight the outcome in a particular direction. If law “comes in,” it similarly “sides” with a particular position because, in part, our …
Book Review: Fifty Years In Family Law: Essays For Stephen Cretney (Rebecca Probert & Chris Barton Eds. 2012), Nancy E. Dowd
Book Review: Fifty Years In Family Law: Essays For Stephen Cretney (Rebecca Probert & Chris Barton Eds. 2012), Nancy E. Dowd
Nancy Dowd
This collection honors the life and work of Stephen Cretney, the preeminent British scholar of family law. For those wanting an entry point into British family law, this is a wonderful volume. For those who know it well and admire the work of Stephen Cretney, as well as the work of this preeminent group of scholars, it will also be of much value as a remarkable group of essays. As an example of life's work that we all might hope to achieve, in many manifestations, but with dedication to the common good, it is a model to which we all …
Arkansas Mini-Rfra Is Bad Policy, Danielle Weatherby
Arkansas Mini-Rfra Is Bad Policy, Danielle Weatherby
Danielle Weatherby