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Articles 1 - 7 of 7

Full-Text Articles in Law

Modernizing Marriage, Adam Candeub, Mae Kuykendall Jul 2011

Modernizing Marriage, Adam Candeub, Mae Kuykendall

University of Michigan Journal of Law Reform

This Article proposes to modernize the archaic procedures states use to authorize marriages so as to provide legal flexibility, promote efficiency, and enhance individual choice. Almost universally, states require couples' presence within their borders, however briefly, for a ceremony. After considering the historical and policy rationales for this requirement and finding them either obsolete or incoherent, we propose that states offer marriages to those outside their borders. Such distance marriages could occur via video-conference, using the internet or even telephone, with readily available safeguards to prevent fraud. This simple reform would allow certain couples who cannot marry under local law …


Plural Marriage And Community Property Law, Diane J. Klein Jan 2011

Plural Marriage And Community Property Law, Diane J. Klein

Golden Gate University Law Review

Plural marriage makes strange bedfellows. Fundamentalist Mormons, polyamorous/ polyfidelitous sex radicals, and some feminists and proponents of same-sex marriage (including this author), share the view that freedom of intimate association under the United States Constitution, properly understood, must extend beyond the right to marry exactly one person of the opposite gender from oneself. But while it is one thing to endorse marriage freedom, as a matter of principle, it is quite another actually to implement it in law. If people could simultaneously have more than one spouse, the lawyer must ask, how would things actually work, from a marital property …


National Report: Canada, Marie-France Bureau Jan 2011

National Report: Canada, Marie-France Bureau

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Yours, Mine, Ours? Renovating The Antiquated Apartheid In The Law Of Property Division In Native American Divorce, Vickie Enis Jan 2011

Yours, Mine, Ours? Renovating The Antiquated Apartheid In The Law Of Property Division In Native American Divorce, Vickie Enis

American Indian Law Review

No abstract provided.


On Equality: The Anti-Interference Principle, Donald J. Kochan Jan 2011

On Equality: The Anti-Interference Principle, Donald J. Kochan

University of Richmond Law Review

This essay seeks to summarize the general equality concept and proposes that equality requires that the government engage in anti-interference with individual choices and activities, so long as these things create no negative externalities for others. If we are serious about respecting equality, such interference actions should be avoided. Adopting an "anti-interference principle" is a necessary foundation for achieving the goal of true equality. The primary point is that equality matters. The purpose of this essay is not to survey the vast political, jurisprudential, and academic debate on equality, but instead, to take a broad look at the philosophical concept …


If You Will It, It Is No Dream: Balancing Public Policy And Testamentary Freedom, Orly Henry Jan 2011

If You Will It, It Is No Dream: Balancing Public Policy And Testamentary Freedom, Orly Henry

Northwestern Journal of Law & Social Policy

No abstract provided.


Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil Jan 2011

Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.