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Full-Text Articles in Law
Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen
Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen
Brigham Young University Journal of Public Law
The debate over the legality of same-sex marriage has centered largely on the substantive merits of the issue. This article does not. Instead, it seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- "Legality of Same-Sex Marriage Decided" -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme …
The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle
The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
Traditional Marriage: Still Worth Defending, George W. Dent Jr.
Traditional Marriage: Still Worth Defending, George W. Dent Jr.
Brigham Young University Journal of Public Law
No abstract provided.
The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.
The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.
Brigham Young University Journal of Public Law
No abstract provided.
The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe
The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe
Brigham Young University Journal of Public Law
No abstract provided.
Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy
Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy
Brigham Young University Journal of Public Law
No abstract provided.
Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker
Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker
Brigham Young University Journal of Public Law
No abstract provided.
The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan
The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan
Brigham Young University Journal of Public Law
No abstract provided.
Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins
Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins
Brigham Young University Journal of Public Law
No abstract provided.
Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner
Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner
Brigham Young University Journal of Public Law
No abstract provided.
Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan
Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan
Brigham Young University Journal of Public Law
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 …
The Changing Face Of Parents' Rights, Ralph D. Mawdsley
The Changing Face Of Parents' Rights, Ralph D. Mawdsley
Brigham Young University Education and Law Journal
No abstract provided.