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Articles 1 - 30 of 51
Full-Text Articles in Law
Constitutional And Family Law—Grandparent Visitation In The Face Of The Fourteenth Amendment Due Process Clause: Parental Or Grandparental Rights? Troxel V. Granville, 530 U.S. 57 (2000)., Oliver G. Hahn
University of Arkansas at Little Rock Law Review
No abstract provided.
The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig
The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig
Notre Dame Law Review
No abstract provided.
Indiana Choice-Of-Law Doctrine After Gollnick V. Gollnick, Peter T. Snow
Indiana Choice-Of-Law Doctrine After Gollnick V. Gollnick, Peter T. Snow
Indiana Law Journal
No abstract provided.
Beyond Conception: Legal Determinations Of Filiation In The Context Of Assisted Reproductive Technologies, Roxanne Mykitiuk
Beyond Conception: Legal Determinations Of Filiation In The Context Of Assisted Reproductive Technologies, Roxanne Mykitiuk
Osgoode Hall Law Journal
This article argues that legal determinations of filiation are normative ideological constructions about how societal relations between parents and children should be ordered. They am based upon particular understandings of the relationship between biological and social facts and, as this article demonstrates, operate to create an asymmetrical relationship between the categories between paternity and maternity I suggest that fairly recent developments in reproductive and genetic filiation have been made and offer the potential for an expanded understanding of relatedness or kinship which does not take the two-parent-one of each sex-model of the family as its normative form. While the examples …
The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard
The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard
Osgoode Hall Law Journal
This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child neglect and poverty. …
Mandatory Minimum Sentences Coupled With Multi-Facet Interventions: An Effective Response To Domestic Violence, Angela M. Killian
Mandatory Minimum Sentences Coupled With Multi-Facet Interventions: An Effective Response To Domestic Violence, Angela M. Killian
University of the District of Columbia Law Review
No abstract provided.
Women's' Right To Abortion Protected In Now V. Scheidler, Danielle Baldassarre
Women's' Right To Abortion Protected In Now V. Scheidler, Danielle Baldassarre
Buffalo Women's Law Journal
No abstract provided.
Intentional Infliction Of Emotional Distress In Divorce: New York's Reluctance To Enter The Fray, Gwen Seaquist, Eileen Kelly
Intentional Infliction Of Emotional Distress In Divorce: New York's Reluctance To Enter The Fray, Gwen Seaquist, Eileen Kelly
Buffalo Women's Law Journal
No abstract provided.
Bush Dangles Wedding Bells As The Proverbial Carrot, Jessica Baker
Bush Dangles Wedding Bells As The Proverbial Carrot, Jessica Baker
Buffalo Women's Law Journal
No abstract provided.
Parental Consent Legislation Benefits Minors Seeking Abortions, Jason Allen Macbride
Parental Consent Legislation Benefits Minors Seeking Abortions, Jason Allen Macbride
Buffalo Women's Law Journal
No abstract provided.
Cuffed Love: Do Prison Babies Ever Smile?, Leda M. Pojman
Cuffed Love: Do Prison Babies Ever Smile?, Leda M. Pojman
Buffalo Women's Law Journal
No abstract provided.
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.
Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner
BYU Law Review
No abstract provided.
A Nonfeminist's Perspectives Of Mothers And Homemakers Under Chapter 2 Of The Ali Principles Of The Law Of Family Dissolution, F. Carolyn Graglia
A Nonfeminist's Perspectives Of Mothers And Homemakers Under Chapter 2 Of The Ali Principles Of The Law Of Family Dissolution, F. Carolyn Graglia
BYU Law Review
No abstract provided.
Introduction To The Symposium On The American Law Institute's Principles Of The Law Of Family Dissolution, Lynn D. Wardle
Introduction To The Symposium On The American Law Institute's Principles Of The Law Of Family Dissolution, Lynn D. Wardle
BYU Law Review
No abstract provided.
A Small Step Forward: The Ali Domestic Partners Recommendation, Mark Strasser
A Small Step Forward: The Ali Domestic Partners Recommendation, Mark Strasser
BYU Law Review
No abstract provided.
Toward A Unified Field Theory Of The Family: The American Law Institute's Principles Of The Law Of Family Dissolution, James Herbie Difonzo
Toward A Unified Field Theory Of The Family: The American Law Institute's Principles Of The Law Of Family Dissolution, James Herbie Difonzo
BYU Law Review
No abstract provided.
Learning From The Process Of Decision: The Parenting Plan, Francis J. Catania Jr.
Learning From The Process Of Decision: The Parenting Plan, Francis J. Catania Jr.
BYU Law Review
No abstract provided.
Domestic Partnership Laws In The United States: A Review And Critique, William C. Duncan
Domestic Partnership Laws In The United States: A Review And Critique, William C. Duncan
BYU Law Review
No abstract provided.
Resolving Relocation Issues Pursuant To The Ali Family Dissolution Principles: Are Children Better Protected?, Janet Leach Richards
Resolving Relocation Issues Pursuant To The Ali Family Dissolution Principles: Are Children Better Protected?, Janet Leach Richards
BYU Law Review
No abstract provided.
The New "Extended Family"-"De Facto" Parenthood And Standing Under Chapter 2, Gregogy A. Loken
The New "Extended Family"-"De Facto" Parenthood And Standing Under Chapter 2, Gregogy A. Loken
BYU Law Review
No abstract provided.
What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer
What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer
BYU Law Review
No abstract provided.
Deconstructing Family: A Critique Of The American Law Institute's "Domestic Partners" Proposal, Lynn D. Wardle
Deconstructing Family: A Critique Of The American Law Institute's "Domestic Partners" Proposal, Lynn D. Wardle
BYU Law Review
In promulgating the Principles of the Law of Family Dissolution: Analysis and Recommendations ("Family Dissolution Principles"), the American Law Institute (ALI) proposes an extensive set of new rules to apply in proceedings relating to family dissolution. One of the major policy changes in family law proposed by the Family Dissolution Principles is the expansion of the scope of relationships that are treated as family relations. Many relationships that in the past have been called "alternative relationships" (alternative to family relationships) are treated in the ALI Principles as equal to and given the same legal protections, benefits, rights, and remedies as …
Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten
Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten
BYU Law Review
This article is about conflicts of laws questions relating to domestic partnerships. The article points out that since there will be states that recognize domestic partnerships because the American Law Institute has expressed approval of domestic partnerships, there will be conflict of laws problems if not all states recognize it. The purpose of this article is to describe some of the conflicts issues that arise when parties to domestic partnerships have, or develop, contacts with more than one state. The article does so by explaining the two broad areas in which these conflicts will arise and by showing that there …
The Likely Impact Of The Ali Principles Of The Law Of Family Dissolution On Property Division, Craig W. Dallon
The Likely Impact Of The Ali Principles Of The Law Of Family Dissolution On Property Division, Craig W. Dallon
BYU Law Review
No abstract provided.
Virtual Mothers And The Meaning Of Parenthood, Annette Ruth Appell
Virtual Mothers And The Meaning Of Parenthood, Annette Ruth Appell
University of Michigan Journal of Law Reform
Professor Appell supports the use of the traditional parental rights doctrine, which accords biological parents, particularly mothers, parental status alienable only voluntarily or upon proof of unfitness. She defends the doctrine against the criticisms that it is regressive and does not protect the interests of children or de facto parents. She contends that the attacks on traditional parental rights doctrine are misguided because they work to the disadvantage of families who do not easily fit the dominant norm-minority, single-mother, lower income, or politically and legally under-represented families. After examining the constitutional underpinnings and application of the parental rights doctrine as …
Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter
Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter
Washington and Lee Law Review
No abstract provided.
How To Plot Love On An Indifference Curve, Brian H. Bix
How To Plot Love On An Indifference Curve, Brian H. Bix
Michigan Law Review
In From Partners to Parents: The Second Revolution in Family Law, June Carbone offers nothing less than a whirlwind tour of the current doctrinal and policy debates of Family Law - an astounding feat in a book whose main text (excluding endnotes and appendices) does not reach 250 pages. There seem to be few controversies about which Carbone has not read widely and come to a conclusion, and usually a fair-minded one: from the effect of no-fault divorce reforms on the divorce rate, to the long-term consequences of slavery for the African-American family (pp. 67-84), to whether the Aid to …
Are We Protecting The Wrong Rights?, Jennifer L. Saulino
Are We Protecting The Wrong Rights?, Jennifer L. Saulino
Michigan Law Review
Elizabeth Bartholet, in her book Nobody's Children, takes a strong step toward beginning a new kind of dialogue about abused and neglected children. She positions herself as a liberal who has come to terms with the fact that traditional liberal ideals are in conflict with the needs of abused and neglected children (p. 5). In doing so, she tries to convince her readers that, regardless of ideology, we all should have a different focus in the area of child abuse and neglect law. She uses Sabrina as one of several examples of how programs for abused and neglected children that …