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Full-Text Articles in Law

Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez Jan 2014

Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez

Articles in Law Reviews & Other Academic Journals

Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries …


From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff Jan 2014

From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Proposal To Withhold Divorce Decrees On Grounds Of Equity, J. David Bleich Jan 2014

A Proposal To Withhold Divorce Decrees On Grounds Of Equity, J. David Bleich

Articles

Throughout the medieval period, marriage was acknowledged by temporal rulers to be a religious matter governed by the ecclesiastic law of the Church which, to be sure, incorporated many principles of Roman law. Subsequent to the Reformation, the rulers of many European countries became disposed to regard marriage as a civil act, to withdraw marriage from the control of the church and to entrust it entirely to the state. The Napoleonic Code was the first example of a legal system that treated marriage as a purely civil act. The Napoleonic Code did not deny the religious element present in marriage …