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Articles 1 - 29 of 29
Full-Text Articles in Law
2nd Circuit Court Of Appeals Revives Religious Adoption Agency’S Challenge To New York Anti-Discrimination Rule, Arthur S. Leonard
2nd Circuit Court Of Appeals Revives Religious Adoption Agency’S Challenge To New York Anti-Discrimination Rule, Arthur S. Leonard
Other Publications
No abstract provided.
Birth Mother Can’T Challenge Ex-Wife’S Parental Rights, Arthur S. Leonard
Birth Mother Can’T Challenge Ex-Wife’S Parental Rights, Arthur S. Leonard
Other Publications
No abstract provided.
Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard
Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard
Other Publications
No abstract provided.
Another Victory For Married Lesbian Parents, Arthur S. Leonard
Another Victory For Married Lesbian Parents, Arthur S. Leonard
Other Publications
No abstract provided.
Can Three Parents Make A Family In New York?, Arthur S. Leonard
Can Three Parents Make A Family In New York?, Arthur S. Leonard
Other Publications
No abstract provided.
Second Chance For Ex-Partner’S Parenting Claim, Arthur S. Leonard
Second Chance For Ex-Partner’S Parenting Claim, Arthur S. Leonard
Other Publications
No abstract provided.
Intended Parents Win Custody In Surrogacy Dispute, Arthur S. Leonard
Intended Parents Win Custody In Surrogacy Dispute, Arthur S. Leonard
Other Publications
No abstract provided.
Trump Action On Transgender Students Carries Contradictions, Arthur S. Leonard
Trump Action On Transgender Students Carries Contradictions, Arthur S. Leonard
Other Publications
No abstract provided.
Manhattan Court Rebuffs Ex-Partner Custody Claim, Arthur S. Leonard
Manhattan Court Rebuffs Ex-Partner Custody Claim, Arthur S. Leonard
Other Publications
No abstract provided.
How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard
How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard
Other Publications
No abstract provided.
Lgbt Law Notes, Arthur S. Leonard
Discussing Advocacy Skills In Traditional Doctrinal Courses, Stephen A. Newman
Discussing Advocacy Skills In Traditional Doctrinal Courses, Stephen A. Newman
Articles & Chapters
Can teaching students in doctrinal courses, using traditional case-oriented materials, convey some of the skills lawyers need to practice law effectively? While the recent interest in and debate over training practice-ready lawyers makes this a timely question, my thinking about this harks back to the mid-1990s, when Harry Wellington, then dean of New York Law School, suggested that faculty members consider teaching law from the lawyer’s perspective rather than from the perspective of either the judge or the legal scholar.
In traditional doctrinal courses in law school, like my own in family law, coverage is broad and time is short. …
The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman
The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman
Other Publications
No abstract provided.
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Articles & Chapters
This is the first in a series of three Articles investigating the underappreciated role that the social theory of Emile Durkheim plays in the quest for the freedom to marry for gay Americans. To that end, this Article begins the discussion by examining the Durkheimian legal arguments that go unnoticed in equal protection and due process claims against marriage discrimination. This Article challenges two assumptions: first, that the most effective legal argument for marriage rights is a purely liberal one, and second, that the substance and rhetoric of liberal toleration cannot exist symbiotically in the marriage discrimination debate with a …
Unequal Equality For Lesbian Mom, Arthur S. Leonard
Unequal Equality For Lesbian Mom, Arthur S. Leonard
Other Publications
No abstract provided.
A Co-Parent Win In Nebraska, Arthur S. Leonard
A Co-Parent Win In Nebraska, Arthur S. Leonard
Other Publications
No abstract provided.
The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin
The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin
Articles & Chapters
This article examines the boundaries of judicial interpretation as courts struggle to define the families formed by lesbians, gay men and transexuals. It compares the jurisprudence of numerous state courts examining queer families in different contexts. The article identifies three interwoven components of judicial reasoning: "lex" reasoning, grounded in the jurisdiction's binding and persuasive law; factual reasoning in which the courts must categorize queer families as analogous to those the law already recognizes or instead as something quite new and distinct; and finally methodological reasoning, in which courts self-consciously examine the boundaries of their own interpretive authority. Showing that in …
Grandparent Visitation Claims: Assessing The Multiple Harms Of Litigation To Families And Children, Stephen A. Newman
Grandparent Visitation Claims: Assessing The Multiple Harms Of Litigation To Families And Children, Stephen A. Newman
Articles & Chapters
This article provides a detailed appraisal of the negative consequences of grandparent visitation lawsuits, and of the harms caused by state-coerced grandparent visitation, in the context of the malfunctioning extended family. I suggest that the special weight afforded a fit parent's decision should be very substantial, and that it should be dispositive of the case unless the grandparent can produce convincing evidence showing that extraordinary circumstances, involving clear harm to the child, justify court ordered visitation. This high degree of deference to parents derives from two features of grandparent visitation cases that deserve more attention than they have received so …
Rights And Responsibilities, Arthur S. Leonard
Rights And Responsibilities, Arthur S. Leonard
Other Publications
No abstract provided.
Tax Treatment Of Defaulted Child Support: The Better Approach, Richard C.E. Beck
Tax Treatment Of Defaulted Child Support: The Better Approach, Richard C.E. Beck
Other Publications
No abstract provided.
Modern Coverture: Old Wine In Old Bottles, William P. Lapiana
Modern Coverture: Old Wine In Old Bottles, William P. Lapiana
Articles & Chapters
No abstract provided.
Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas
Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas
Articles & Chapters
No abstract provided.
Family (Proper)Ty, Richard H. Chused
The Kiddie Tax: A Nuisance Solution To A Nonexistent Problem (Special Tax Symposium), Richard C.E. Beck
The Kiddie Tax: A Nuisance Solution To A Nonexistent Problem (Special Tax Symposium), Richard C.E. Beck
Articles & Chapters
No abstract provided.
Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss
Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss
Articles & Chapters
No abstract provided.
Looking For The Perfect Woman: The Innocent Spouse In The Tax Court, Richard C.E. Beck
Looking For The Perfect Woman: The Innocent Spouse In The Tax Court, Richard C.E. Beck
Articles & Chapters
No abstract provided.
A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin
A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin
Articles & Chapters
No abstract provided.
The Innocent Spouse Problem: Joint And Several Liability For Income Taxes Should Be Repealed., Richard C.E. Beck
The Innocent Spouse Problem: Joint And Several Liability For Income Taxes Should Be Repealed., Richard C.E. Beck
Articles & Chapters
Husbands and wives who elect to file joint federal income tax returns
are jointly and severally liable for the entire tax due. Ninety-nine
percent of married couples who file income tax returns make the election
to file jointly, and each spouse thereby incurs personal liability for
the other spouse's income taxes. This Article argues that the rule is
unfair and unjustified and should be repealed
Marriage, Property &(And) The Affective Family, Lloyd Bonfield
Marriage, Property &(And) The Affective Family, Lloyd Bonfield
Articles & Chapters
No abstract provided.