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Full-Text Articles in Law
Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz
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 …
Virtual Parentalism, Joshua A.T. Fairfield
Virtual Parentalism, Joshua A.T. Fairfield
Washington and Lee Law Review
Parents, not Laws, ultimately protect children both online and offline. If legislation places adults at legal risk because of the presence of children in virtual worlds, adults will exit those worlds, and children will be isolated into separate spaces. This will not improve safety for children. Instead, this Article suggests that Congress enact measures that encourage filtering technology and parental tools that will both protect children in virtual worlds, and protectfree speech online.
Wrongs Committed During A Marriage: The Child That No Area Of The Law Wants To Adoptt, Michelle L. Evans
Wrongs Committed During A Marriage: The Child That No Area Of The Law Wants To Adoptt, Michelle L. Evans
Washington and Lee Law Review
No abstract provided.
Is The Family A Federal Question?, Meredith Johnson Harbach
Is The Family A Federal Question?, Meredith Johnson Harbach
Washington and Lee Law Review
There has long been conflict over the relationship between the states and the federal system vis-i-vis the family. The traditional account of domestic relations describes family Law as the exclusive domain of the states, andfederal courts have credited this account in the "domestic relations exception." Although scholars have analyzed and critiqued the exception's applicability to diversity jurisdiction, the intersection offederal question jurisdiction and this exception remains largely unexplored. This Article describes and critiques, on both instrumental and deeper normative terms, federal courts' willingness to expand the "domestic relations exception" to include federal question cases. The Article proceeds in three parts. …
Altruism And Intermediation In The Market For Babies, Kimberly D. Krawiec
Altruism And Intermediation In The Market For Babies, Kimberly D. Krawiec
Washington and Lee Law Review
Central to every legal system is the principle that certain items are offlimits to commercial exchange. In theory, babies are one such sacred object. This supposed ban on baby selling has been lamented by those who view commercial markets as the most efficient means of allocating resources, and defended by those who contend that commercial markets in parental rights commodify human beings, compromise individual dignity, or jeopardize fundamental values. However, the supposed and much-discussed baby selling ban does not, and is not intended to, eliminate commercial transactions in children. Instead, it is an asymmetric legal restriction that limits the ability …
Beyond The Bounds Of Decency: Why Fault Continues To Matter To (Some) Wronged Spouses, Robin Fretwell Wilson
Beyond The Bounds Of Decency: Why Fault Continues To Matter To (Some) Wronged Spouses, Robin Fretwell Wilson
Washington and Lee Law Review
No abstract provided.
A Comment On Wrongs Committed During A Marriage: The Child That No Area Of The Law Wants To Adopt, By Michelle L. Evans, Robert E. Shepherd
A Comment On Wrongs Committed During A Marriage: The Child That No Area Of The Law Wants To Adopt, By Michelle L. Evans, Robert E. Shepherd
Washington and Lee Law Review
No abstract provided.