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Articles 1 - 9 of 9
Full-Text Articles in Law
Child Welfare's Paradox, Dorothy E. Roberts
Child Welfare's Paradox, Dorothy E. Roberts
William & Mary Law Review
No abstract provided.
Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott
Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott
William & Mary Law Review
No abstract provided.
Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin
Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin
William & Mary Bill of Rights Journal
American divorce law was transformed by the Supreme Court in a series of decisions beginning with Williams v. North Carolina in 1942. These constitutional full faith and credit cases resolved a long-standing federalism problem by redefining the scope of state power over marital status. With these decisions, the Court shifted from an analysis based on the competing interests of different states to an approach that highlighted the individual interests of the parties involved. This change fundamentally altered state power over the family by extending to individuals greater control of their marital status. In the process, the Court cleared a path …
California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling
California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling
William & Mary Journal of Race, Gender, and Social Justice
Effective January 1, 2005, the California Domestic Partner Rights and Responsibilities Act of 2003 (CDPRRA) replaced the Domestic Partnership Act of 1999, vesting registered domestic partners with new rights and a court termination procedure similar to divorce. Does the new statute legalize gay marriage? Are domestic partners eligible for spousal support? Are the registration and termination procedures voluntary? Does the Unruh Civil Rights Act now require businesses and private organizations to include gay members? The article reviews the new law and analyzes how three recent court decisions resolve these controversial issues.
To "Bring Down The Flowers": The Cultural Context Of Abortion Law In Early Modern England, Carla Spivack
To "Bring Down The Flowers": The Cultural Context Of Abortion Law In Early Modern England, Carla Spivack
William & Mary Journal of Race, Gender, and Social Justice
This article takes issue with claims made by Joseph Dellapenna in his 2006 book, Dispelling the Myths of Abortion History, which claims to correct the "distortions of the history" of abortion law underlying Roe v. Wade, 410 U.S. 113 (1973). Dellapenna argues that, contrary to Justice Blackmun's historic analysis in Roe, "abortion was considered a serious crime throughout most of European history" and that "courts did... punish abortions before quickening during the Middle Ages." This article shows that Dellapenna's argument relies on serious misreading of cases and ignorance of the relevant historical, medical, and cultural context, and that pre-quickening or …
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
William & Mary Journal of Race, Gender, and Social Justice
This note addresses the significance of Gao v. Gonzales through the analysis of the development of asylum gender laws in the United States. The analysis includes a brief history of asylum law in the United States and the issues the courts have addressed concerning gender and asylum law. The note concludes with an analysis of the Gao decision and the potential consequences of the decision.
Will Marriage Promotion Work?, Vivian E. Hamilton
Will Marriage Promotion Work?, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Family Structure, Children, And Law, Vivian E. Hamilton
Family Structure, Children, And Law, Vivian E. Hamilton
Faculty Publications
No abstract provided.
A Child's Right: What Should The State Be Required To Provide To Teenagers Aging Out Of Foster Care, Katherine M. Swift
A Child's Right: What Should The State Be Required To Provide To Teenagers Aging Out Of Foster Care, Katherine M. Swift
William & Mary Bill of Rights Journal
Teenagers aging out of foster care face harms that can be traced to their lack of preparation for adulthood. This Article argues that teenagers in foster care have a substantive due process right to services not only while they are in state custody but also after they age out of care. The lower federal courts have interpreted the Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services to mean that foster children-like prisoners and mentally retarded people held in state custody-have a substantive due process right to personal safety. What the courts have not considered is how …