Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
What Do You Do When They Don't Say "I Do"? Cross-Border Regulation For Alternative Spousal Relationships, Sharon Shakargy
What Do You Do When They Don't Say "I Do"? Cross-Border Regulation For Alternative Spousal Relationships, Sharon Shakargy
Vanderbilt Journal of Transnational Law
Marriage is a local arrangement with international effects. Throughout the Western world, a marriage recognized as valid by the parties' home country is usually considered valid and binding in any other country. This recognition carries substantial benefits. In sharp contrast, unwed couples and some married couples, namely same-sex couples, are denied these benefits due to lack of (sufficient) inter-state and international recognition of their relationships, making their relationships unstable at best. This Article discusses the cross-border recognition of such relationships--or lack thereof--and its effects, and it suggests a way to better the situation using private law tools, thus avoiding much …
Identity And Form, Jessica A. Clarke
Identity And Form, Jessica A. Clarke
Vanderbilt Law School Faculty Publications
Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. Commentators across the political spectrum have made calls to settle these debates with evidence of official designations on birth certificates, application forms, or other records. This move toward formalities seeks to transcend the usual divide between those who believe identities should be determined based on objective biological or social standards, and those who believe identities are a matter of individual choice. Yet legal scholars …