Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Gender Assignment Surgery For Intersexed Infants: How The Substantive Due Process Right To Privacy Both Supports And Opposes A Moratorium, Sara A. Aliabadi Oct 2004

Gender Assignment Surgery For Intersexed Infants: How The Substantive Due Process Right To Privacy Both Supports And Opposes A Moratorium, Sara A. Aliabadi

W&M Law Student Publications

No abstract provided.


I Now Pronounce You Husband And Wives: Lawrence V. Texas And The Practice Of Polygamy In Modern America, Cassiah M. Ward Oct 2004

I Now Pronounce You Husband And Wives: Lawrence V. Texas And The Practice Of Polygamy In Modern America, Cassiah M. Ward

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Paradox Of Unmarried Fathers And The Constitution: Biology "Plus" Defines Relationships; Biology Alone Safeguards The Public Fisc, Laura Oren Oct 2004

The Paradox Of Unmarried Fathers And The Constitution: Biology "Plus" Defines Relationships; Biology Alone Safeguards The Public Fisc, Laura Oren

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital, 1872-1973, Douglas R. Miller Oct 2004

The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital, 1872-1973, Douglas R. Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Peculiar Federal Marriage Amendment, Scott Dodson Oct 2004

The Peculiar Federal Marriage Amendment, Scott Dodson

Faculty Publications

In this essay, I discuss the Constitution's commitment to three themes - state power over familial matters, individual liberty, and equality - and then demonstrate how the proposed Federal Marriage Amendment is uniquely contrary to all three. I do not intend to go so far as to suggest that the FMA would be an unconstitutional amendment, if such things are possible, nor do I mean to suggest that same-sex marriage is or should be affirmatively protected by the Constitution. I mean only to suggest that proposed amendments altering the Constitution's commitment to multiple existing themes in the Constitution should be …


Mistaking Marriage For Social Policy, Vivian E. Hamilton Apr 2004

Mistaking Marriage For Social Policy, Vivian E. Hamilton

Faculty Publications

This Article examines the role of marriage in society, focusing on the state's use of marriage as a proxy for desirable outcomes in social policy. Its analytical point of departure is the normative vision of modern marriage embraced by many of its proponents. From there, the idealized marriage is analyzed, not as a monolithic, opaque institution, but as one whose functional components may be identified and examined. The Article identifies the following as the primary functions of the normative marital family: expression; companionship; sex/procreation; caretaking; and economic support or redistribution. Analyzing the roles in society of each of these functions, …


Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell Mar 2004

Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell

William & Mary Law Review

No abstract provided.


A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger Feb 2004

A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.