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Articles 1 - 30 of 37
Full-Text Articles in Law
Mommy, Baby And Rapist Makes Three? Amid Abortion Bans, The Pressing Need For A Nationwide Lower Standard To Strip Parental Rights, Regardless Of A Rape Conviction, Melanie Dostis
William & Mary Journal of Race, Gender, and Social Justice
Among the fundamental rights recognized in the Constitution are the rights of parents to raise their children. While never interpreted as an absolute legal privilege, courts have exercised wide discretion in preserving this right and historically ignored the reality that not all parents are deserving of this right. Even though the family law system has protections in place to terminate parental rights for atrocities like abuse, it largely neglects an uncomfortable area of parental origin: parental rights regarding children conceived by rape. This is not only to the detriment of children, but, as this Note argues, at the peril of …
Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu
Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Punishing Sexual Fantasy, Andrew Gilden
Punishing Sexual Fantasy, Andrew Gilden
William & Mary Law Review
The Internet has created unprecedented opportunities for adults and teenagers to explore their sexual identities, but it has also created new ways for the law to monitor and punish a diverse range of taboo sexual communication. A young mother loses custody of her two children due to sexually explicit Facebook conversations. A teenager is prosecuted for child pornography crimes after sending a naked selfie to her teenage boyfriend. An NYPD officer is convicted for conspiracy to kidnap several women based on conversations he had on a “dark fetish” fantasy website. In each of these cases, online sexual exploration and fantasy …
Biology, Genetics, Nurture, And The Law: The Expansion Of The Legal Definition Of Family To Include Three Or More Legal Parents, Myrisha S. Lewis
Biology, Genetics, Nurture, And The Law: The Expansion Of The Legal Definition Of Family To Include Three Or More Legal Parents, Myrisha S. Lewis
Faculty Publications
No abstract provided.
How The Liberati Sabotaged Child Welfare, David Stoesz
How The Liberati Sabotaged Child Welfare, David Stoesz
William & Mary Bill of Rights Journal
No abstract provided.
Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer
Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer
William & Mary Bill of Rights Journal
No abstract provided.
Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan
Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan
William & Mary Bill of Rights Journal
Stanley v. Illinois is one of the Supreme Courts more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this decision. …
Digging Beneath The Equality Language: The Influence Of The Fathers’ Rights Movement On Intimate Partner Violence Public Policy Debates And Family Law Reform, Kelly Alison Behre
Digging Beneath The Equality Language: The Influence Of The Fathers’ Rights Movement On Intimate Partner Violence Public Policy Debates And Family Law Reform, Kelly Alison Behre
William & Mary Journal of Race, Gender, and Social Justice
In 2004, a fathers’ rights group formed in West Virginia to promote “Truth, Justice, and Equality in Family Law.” They created a media campaign including billboards and radio spots warning about the dangers of false allegations of domestic violence, sexual assault, and child abuse, even offering a $10,000 award to anyone who could prove false allegations of abuse were used against a parent in a custody case. In 2007, they released a study concluding that seventy-six percent of protection order cases were unnecessary or based on false allegations, and warned that protection orders were often filed to gain leverage in …
A New Formalism For Family Law, Rebecca Aviel
A New Formalism For Family Law, Rebecca Aviel
William & Mary Law Review
Family law is simultaneously moving toward and away from formalist decision making. Examining family law across its various component doctrines—custody disputes, child support, jurisdiction, and parentage—reveals these two competing trends. In some of these areas, scholars and lawmakers have recognized that litigating under open-ended, amorphous standards is unpredictable and often painful, with costs that undermine the very purposes served by these legal frameworks; in these areas we are witnessing a turn toward determinate rules over judicial discretion as the preferred means of resolving disputes. In other areas, however, family law is experiencing a trend toward more flexible decision making that …
Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola
Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola
William & Mary Journal of Race, Gender, and Social Justice
Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a …
Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman
Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman
Popular Media
No abstract provided.
Why We Should Raise The Marriage Age, Vivian E. Hamilton
Why We Should Raise The Marriage Age, Vivian E. Hamilton
Popular Media
No abstract provided.
Sex And Statutory Uniformity: Harmonizing The Legal Treatment Of Semen, Myrisha S. Lewis
Sex And Statutory Uniformity: Harmonizing The Legal Treatment Of Semen, Myrisha S. Lewis
Faculty Publications
No abstract provided.
Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer
Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer
Faculty Publications
No abstract provided.
The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer
The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer
Faculty Publications
No abstract provided.
Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton
Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Principles Of U.S. Family Law, Vivian E. Hamilton
Principles Of U.S. Family Law, Vivian E. Hamilton
Faculty Publications
What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it …
The Peculiar Federal Marriage Amendment, Scott Dodson
The Peculiar Federal Marriage Amendment, Scott Dodson
Faculty Publications
In this essay, I discuss the Constitution's commitment to three themes - state power over familial matters, individual liberty, and equality - and then demonstrate how the proposed Federal Marriage Amendment is uniquely contrary to all three. I do not intend to go so far as to suggest that the FMA would be an unconstitutional amendment, if such things are possible, nor do I mean to suggest that same-sex marriage is or should be affirmatively protected by the Constitution. I mean only to suggest that proposed amendments altering the Constitution's commitment to multiple existing themes in the Constitution should be …
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer
Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer
Faculty Publications
No abstract provided.
A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer
A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman
Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman
William & Mary Law Review
No abstract provided.
Book Review Of State Legislative Summary, 1994: Children, Youth, And Family Issues, James S. Heller
Book Review Of State Legislative Summary, 1994: Children, Youth, And Family Issues, James S. Heller
Library Staff Publications
No abstract provided.
Love And Obligation: Family Law And The Romance Of Economics, Ann Laquer Estin
Love And Obligation: Family Law And The Romance Of Economics, Ann Laquer Estin
William & Mary Law Review
No abstract provided.
Keynote Address To The Symposiuml Defining Families: Gays, Lesbians, And The Meaning Of Family, Beatrice Dohrn
Keynote Address To The Symposiuml Defining Families: Gays, Lesbians, And The Meaning Of Family, Beatrice Dohrn
William & Mary Bill of Rights Journal
No abstract provided.
Defining Marriage And The Family, Herbert W. Titus
Defining Marriage And The Family, Herbert W. Titus
William & Mary Bill of Rights Journal
No abstract provided.
Gay And Lesbian Families: Judicial Assumptions, Scientific Realities, David K. Flaks
Gay And Lesbian Families: Judicial Assumptions, Scientific Realities, David K. Flaks
William & Mary Bill of Rights Journal
No abstract provided.
"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse
"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse
William & Mary Law Review
No abstract provided.
A Constitutional Right To Home Instruction?, Neal Devins
A Constitutional Right To Home Instruction?, Neal Devins
Faculty Publications
No abstract provided.