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Full-Text Articles in Law

Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz Sep 2009

Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz

Washington and Lee Law Review

This Article addresses the regulation of the relationships between unmarried cohabitants. It challenges the conventional divide between conservative and liberal approaches. On one hand, moral condemnation of nonmarital conjugal relationships and public policy in favor of marriage lead conservatives to reject the application of marriage Law to cohabitating partners. On the other hand, based on principles such as freedom, tolerance, and equality, liberals tend to equate the mutual legal commitments of cohabitants with those ofmarriedpartners. I break with conventional analysis by offering a novel liberal model that separates between the mutual obligations of cohabitants and married partners. The proposed model …


Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Nan Palmer, Charlene L. Smith Jul 2009

Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Nan Palmer, Charlene L. Smith

Faculty Scholarship

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship families protection and benefits, 5) the use of contract law in kinship relationships, and 6) using legislation to benefit kinship relationships.

This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal …


Report Of The Law Reform Committee On Ancillary Orders After Foreign Divorce Or Annulment, Aqbal Singh, Debbie Ong, Yock Lin Tan, Tiong Min Yeo Jul 2009

Report Of The Law Reform Committee On Ancillary Orders After Foreign Divorce Or Annulment, Aqbal Singh, Debbie Ong, Yock Lin Tan, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

A matrimonial order of divorce, nullity or legal separation is often followed by ancillary orders relating to division of matrimonial property, custody of children and maintenance. Under Singapore law, many of the court’s powers in respect of these types of orders depend on the court having jurisdiction to pronounce on the status of the marriage. If an order made by a foreign court is recognised to have annulled or dissolved the marriage, then it is not possible for the Singapore court to assume jurisdiction in respect of the marriage; there is no marriage to speak of anymore. The legal consequence …


Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer May 2009

Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer

Jana B. Singer

No abstract provided.


Australian Marriage Law From A Biblical Perspective, Neil J. Foster Jan 2009

Australian Marriage Law From A Biblical Perspective, Neil J. Foster

Neil J Foster

This paper discusses aspects of the Australian law of marriage from a Biblical perspective. It concludes that the definition of marriage in the law of Australia is quite consistent with the definition adopted by the Bible, and also discusses how Christians ought to view marriage under the law of Australia.


Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri Jan 2009

Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri

Law Faculty Publications

A six-volume work, this set constitutes a major revision and massive expansion of the 1995 Oxford Encyclopedia of the Modern Islamic World. In addition to covering Islamic societies in the modern world from the eighteenth century to the present, as the earlier four-volume set did, it will add a depth of historical background going back to the pre- Islamic era. The new reference also covers the full geographical extent of Islam by focusing not only on the countries in which Islam is dominant, but also on regions in which Muslims live as minorities, such as Europe and the Americas.


The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne Jan 2009

The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Becoming A Citizen: Marriage, Immigration, And Assimilation, Kerry Abrams Jan 2009

Becoming A Citizen: Marriage, Immigration, And Assimilation, Kerry Abrams

Faculty Scholarship

No abstract provided.


New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard Jan 2009

New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard

NYLS Law Review

No abstract provided.


Marriage And Its Alternatives, Jeanine Elbaz Jan 2009

Marriage And Its Alternatives, Jeanine Elbaz

Tribeca Square Press

No abstract provided.


The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock Jan 2009

The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock

Journal Articles

Family policy and the law based on it assume universals. That is, if marriage improves the welfare of the majority of couples and their children, it is worth pushing as a policy initiative. Further, laws will be written (or kept on the books) that privilege marriage over other family forms. Similarly, research that tells us that divorce harms children except following the relatively small number of highly conflicted marriages, spawns efforts to preserve troubled marriages or even to roll back liberal or relatively inexpensive divorce laws. With yet another example, since adopted children mostly do better than children left either …


Money Matters In Marriage: Unmasking Interdependence In Ongoing Spousal Economic Relations, Alicia B. Kelly Dec 2008

Money Matters In Marriage: Unmasking Interdependence In Ongoing Spousal Economic Relations, Alicia B. Kelly

Alicia B. Kelly

This Article presents a rare exploration of the interactions among money, marriage and law while the relationship is ongoing. Using insights on the relational landscape from the social sciences as a lens, I examine the law’s regulation of spousal economic relations and its account of and potential impact within a functioning marriage. Building on my previous work, my claim is that the law governing money in marriage should be grounded on a distinctive and clarified model of partnership marriage that understands the relationship to be of equal persons who join forces to share the burdens and benefits of a shared …