Law Commons^™

Mobility Measures, Naomi Schoenbaum

BYU Law Review

Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …

Surging Intercountry Adoptions In Africa: Paltry Domestication Of International Standards, Joseph M. Isanga

Brigham Young University Journal of Public Law

No abstract provided.

When Is Parenthood Dissoluble?, Patrick Parkinson

Brigham Young University Journal of Public Law

No abstract provided.

Mediating The Indissoluble Family: Mediator Style In Domestic Relations Cases, Carolynn Clark Camp

Brigham Young University Journal of Public Law

No abstract provided.

A Proposal For A Feasible, First-Step, Legislative Agenda For Divorce Reform, Alan J. Hawkins

Brigham Young University Journal of Public Law

No abstract provided.

Indissoluble Nonresidential Parenthood: Making It More Than Semantics When Parents Share Parenting Responsibilities, Cynthia R. Mabry

Brigham Young University Journal of Public Law

No abstract provided.

Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley

Brigham Young University Journal of Public Law

No abstract provided.

Dilemmas Of Indissoluble Parenthood: Legal Incentives, Parenting, And The Work-Family Balance , Lynn D. Wardle

Brigham Young University Journal of Public Law

Building upon three main points developed by Patrick Parkinson in Family Law and the Indissolubility of Parenthood (2011), this paper shows that globally there is great legal interest in protecting parenting and parent-children relations; that issues grounded in the indissolubility of parenthood arise during ongoing marriages as well as after marital breakup (or nonformation); and that legal reforms to reduce or eliminate laws creating perverse incentives that impede effective, committed parenting should consider regulations regarding intact families as well as never-married and post-divorce families. This article reviews evidence of the deterioration of families and of parenting in society, including rising …

Clark Memorandum: Spring 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• A Handful of Pumpkin Seeds (Monroe G McKay)
• Musings of a Small-Town Lawyer (Steven E. Snow)
• The Boundaries of Belonging (Lynn D. Wardle)
• Timpanogos Legal Center (Jane H. Wise)

On The Child's Need To Be One's Self, Ya'ir Ronen

Brigham Young University Journal of Public Law

No abstract provided.

Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater

BYU Law Review

The highest courts in California, Connecticut, and Iowa recently held that the constitutional norm of equality requires the redefinition of marriage from “the union of a man and a woman” to “the union of any two persons.” The argument leading to that holding, like all arguments, proceeds from premises that the argument does not prove but that serve as the starting point for reasoning. Those premises range from the nature of contemporary American marriage to the equivalence of the pre- and post-redefinition marriage institutions, to the social costs, if any, resulting from redefinition, and to marriage’s relationship with other social …

“Can They Do That?”: Why Religious Parents And Communities May Fear The Future Regarding State Interests And Custodial Law, Keith W. Barlow

BYU Law Review

No abstract provided.