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Full-Text Articles in Law
Nonconsensual Family Obligations, Emily J. Stolzenberg
Nonconsensual Family Obligations, Emily J. Stolzenberg
BYU Law Review
Even as the pandemic has both highlighted and compounded the challenges many U.S. families face in meeting their members’ basic needs, efforts to expand public subsidies for caretaking have gained little traction. Scholars have identified many historical and practical reasons for Americans’ entrenched skepticism toward the welfare state. Ideas matter, too, and this Article uncovers and critiques one that works to limit collective financial responsibility for families: the conviction that family support obligations must be legitimated through consent.
In family law, as in liberal political theory, consent works to reconcile state regulation with individual freedom. But because consent is a …
Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin
Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin
BYU Law Review
No abstract provided.
Establishing Paternity Under The Indian Child Welfare Act, Carlie Smith
Establishing Paternity Under The Indian Child Welfare Act, Carlie Smith
BYU Law Review
No abstract provided.
Changing Family Courts To Help Heal And Build Resilient Families, Carrie E. Garrow
Changing Family Courts To Help Heal And Build Resilient Families, Carrie E. Garrow
BYU Law Review
No abstract provided.
Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan
Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan
BYU Law Review
State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law …
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen
BYU Law Review
No abstract provided.
An Incurable Malaise: Commonwealth V. Australian Capital Territory And Baskin V. Bogan As Symptoms Of Early-Onset Dystopia, Neville Rochow
An Incurable Malaise: Commonwealth V. Australian Capital Territory And Baskin V. Bogan As Symptoms Of Early-Onset Dystopia, Neville Rochow
BYU Law Review
No abstract provided.
Domestic Asset Protection Trusts: A Threat To Child Support?, Trent Maxwell
Domestic Asset Protection Trusts: A Threat To Child Support?, Trent Maxwell
BYU Law Review
No abstract provided.
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
BYU Law Review
This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its limited goals—achieving …
“. . . Speak Now Or Forever Hold Your Peace . . .” —The Influence Of Constitutional Argument On Same-Sex Marriage Legislation Debates In Australia, Neville Rochow
BYU Law Review
No abstract provided.
Mobility Measures, Naomi Schoenbaum
Mobility Measures, Naomi Schoenbaum
BYU Law Review
Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …
Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater
Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater
BYU Law Review
The highest courts in California, Connecticut, and Iowa recently held that the constitutional norm of equality requires the redefinition of marriage from “the union of a man and a woman” to “the union of any two persons.” The argument leading to that holding, like all arguments, proceeds from premises that the argument does not prove but that serve as the starting point for reasoning. Those premises range from the nature of contemporary American marriage to the equivalence of the pre- and post-redefinition marriage institutions, to the social costs, if any, resulting from redefinition, and to marriage’s relationship with other social …
“Can They Do That?”: Why Religious Parents And Communities May Fear The Future Regarding State Interests And Custodial Law, Keith W. Barlow
“Can They Do That?”: Why Religious Parents And Communities May Fear The Future Regarding State Interests And Custodial Law, Keith W. Barlow
BYU Law Review
No abstract provided.
Unexplained Fractures In Infants And Child Abuse: The Case For Requiring Bone-Density Testing Before Convicting Caretakers, Matt Seeley
BYU Law Review
No abstract provided.
Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia Zug
BYU Law Review
No abstract provided.
Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen
Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen
BYU Law Review
No abstract provided.
The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey
The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey
BYU Law Review
No abstract provided.
Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger
Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger
BYU Law Review
No abstract provided.
From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle
From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle
BYU Law Review
Recognition across state and national borders of controversial forms of domestic relationships have existed throughout the history of conflict of laws, creating tension between two important principles: respect for comity and protection of valued domestic public policies. Drawing upon several examples, and particularly the history of international and intrastate recognition of slavery (a “domestic relationship”) in Anglo-American history, the article shows that despite the comity-based presumption of respect for legal status created in other jurisdictions, when strong public policies protective of domestic relations and status have been implicated, American states consistently have declined to give interstate recognition to those controversial …
The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers
The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers
BYU Law Review
No abstract provided.
Abortion Across State Lines, Joseph W. Dellapenna
Abortion Across State Lines, Joseph W. Dellapenna
BYU Law Review
No abstract provided.
Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser
Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser
BYU Law Review
No abstract provided.
Inter-Religious Marriage From Socio-Historical Islamic Perspectives, Noryamin Aini
Inter-Religious Marriage From Socio-Historical Islamic Perspectives, Noryamin Aini
BYU Law Review
No abstract provided.
The Personal Is Political-And Economic: Rethinking Domestic Violence, Deborah M. Weissman
The Personal Is Political-And Economic: Rethinking Domestic Violence, Deborah M. Weissman
BYU Law Review
No abstract provided.
All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield
All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield
BYU Law Review
No abstract provided.
Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker
Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker
BYU Law Review
No abstract provided.
Marriage And The Betrayal Of Perez And Loving, Monte Neil Stewart, William C. Duncan
Marriage And The Betrayal Of Perez And Loving, Monte Neil Stewart, William C. Duncan
BYU Law Review
No abstract provided.
Tipping The Balance In Favor Of Justice: Due Process And The Thirteenth And Nineteenth Amendments In Child Removal From Battered Mothers, Shima Baradaran-Robison
Tipping The Balance In Favor Of Justice: Due Process And The Thirteenth And Nineteenth Amendments In Child Removal From Battered Mothers, Shima Baradaran-Robison
BYU Law Review
After Sharwline Nicholson was assaulted by her boyfriend for the first time, the Administration for Child Services (“ACS”) of New York took her children without a court proceeding and temporarily placed them with foster parents. This action was particularly surprising because the children had not been abused by either their father or their mother. Without determining who was at fault, ACS concluded that Nicholson was unfit to parent because she had “engage[d] in acts of domestic violence,” even though she had not assaulted her children or her boyfriend but was only assaulted herself. Nicholson’s experience was not unique, as she …
Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia
Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia
BYU Law Review
No abstract provided.
Competing Approaches To Same-Sex Versus Opposite-Sex, Unmarried Couples In Domestic Partnership Laws And Ordinances, Terry S. Kogan
Competing Approaches To Same-Sex Versus Opposite-Sex, Unmarried Couples In Domestic Partnership Laws And Ordinances, Terry S. Kogan
BYU Law Review
No abstract provided.