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Articles 1 - 19 of 19
Full-Text Articles in Law
The Rights Of Divorced Lesbians: Interstate Recognition Of Child Custody Judgments In The Context Of Same-Sex Divorce, Kathryn J. Harvey
The Rights Of Divorced Lesbians: Interstate Recognition Of Child Custody Judgments In The Context Of Same-Sex Divorce, Kathryn J. Harvey
Fordham Law Review
This Note explores the issue of interstate recognition of child custody, which arises in the context of same-sex divorce. The Parental Kidnapping Prevention Act (PKPA) requires states to grant full faith and credit to all child custody orders; on the other hand, the Defense of Marriage Act (DOMA) allows states to deny full faith and credit to judgments “arising out of” same-sex marriage. This Note argues that DOMA partially repeals the PKPA, such that states need not grant full faith and credit to divorce and child custody decrees in the context of same-sex marriage. Further, this Note argues that because …
An End To The Deadbeat Dad Dilemma? - Puncturing The Paradigm By Allowing A Deduction For Child Support Payments , Reginald Mombrun
An End To The Deadbeat Dad Dilemma? - Puncturing The Paradigm By Allowing A Deduction For Child Support Payments , Reginald Mombrun
Fordham Journal of Corporate & Financial Law
No abstract provided.
Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink
Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink
Faculty Scholarship
Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …
Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin
Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin
Fordham Urban Law Journal
This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.
The Constitutionality Of Covenant Marriage Laws, Melissa Lawton
The Constitutionality Of Covenant Marriage Laws, Melissa Lawton
Fordham Law Review
No abstract provided.
Whose Child Is It Anyway? Awarding Joint Custody Over The Objection Of One Parent, Daniel R. Mummery
Whose Child Is It Anyway? Awarding Joint Custody Over The Objection Of One Parent, Daniel R. Mummery
Fordham Urban Law Journal
This Note addresses issues of joint custody of children in divorce cases where one parent objects to that arrangement. Part I examines New York's approach to custody, and finds it unduly restrictive and thus likely to inhibit full consideration of joint custody as an alternative. Part II of the Note discusses the historical background of child custody and explains the emergence of joint custody as a result of perceived inadequacies inherent in the sole custody arrangement. Part III discusses different approaches taken by various jurisdictions to the controversial issue of awarding joint custody over the objection of one parent, and …
Property Division And Alimony Awards: A Survey Of Statutory Limitations On Judicial Discretion, Mary Jane Connell
Property Division And Alimony Awards: A Survey Of Statutory Limitations On Judicial Discretion, Mary Jane Connell
Fordham Law Review
No abstract provided.
The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza
The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza
Fordham Urban Law Journal
Since the enactment of the twenty-sixth amendment to the United States Constitution, most states passed legislation lowering the age of majority from twenty-one to eighteen. A crucial question arising from these statutes is whether they affect or should affect child support settlements which provide for support to the child until he or she reaches the age of majority. This note discusses the key question whether children have a continuing right to support until age twenty-one under settlements resulting from divorce decrees and agreements made prior to the enactment of the new age of majority laws. The note analyzes the conflicts …
Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano
Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano
Fordham Urban Law Journal
The marriage institution is the basic unit in the anatomical composition of American society as it exists today. The right to marry and the right to divorce when marriage fails have long been held in the highest esteem by our nation's courts. But some citizens of the State of New York are judicially denied the right to terminate their marriages because they are indigents. The court has denied indigents their requested assignments of counsel when the assistance of counsel was unquestionably necessary for prospective matrimonial litigants. The first problem posed by that holding is that it operates as a virtual …
From The Legislature To The Court Of Appeals: New York's Conversion Divorce Under Domestic Relations Law Section 170
Fordham Law Review
No abstract provided.
Equitable Preclusion Of Jurisdictional Attacks On Void Divorces, Earl Phillips
Equitable Preclusion Of Jurisdictional Attacks On Void Divorces, Earl Phillips
Fordham Law Review
No abstract provided.
Recognition Of Foreign Divorce Decrees In New York-Krause V. Krause, Frederick L. Kane
Recognition Of Foreign Divorce Decrees In New York-Krause V. Krause, Frederick L. Kane
Fordham Law Review
No abstract provided.
Obligatory Interstate Recognition Of Divorce Decrees–A New Trend?, Hamilton Vreeland, Jr.
Obligatory Interstate Recognition Of Divorce Decrees–A New Trend?, Hamilton Vreeland, Jr.
Fordham Law Review
No abstract provided.