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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 Jun 2021

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 Apr 2019

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 Nov 2016

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 …


Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer Mar 2016

Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer

William & Mary Bill of Rights Journal

No abstract provided.


How The Liberati Sabotaged Child Welfare, David Stoesz Mar 2016

How The Liberati Sabotaged Child Welfare, David Stoesz

William & Mary Bill of Rights Journal

No abstract provided.


Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan Mar 2016

Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan

William & Mary Bill of Rights Journal

Stanley v. Illinois is one of the Supreme Court’s 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 May 2015

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 Jun 2014

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 May 2013

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 …


Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser Dec 2003

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 Apr 2000

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.


A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer Dec 1998

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 Oct 1997

Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman

William & Mary Law Review

No abstract provided.


Love And Obligation: Family Law And The Romance Of Economics, Ann Laquer Estin Mar 1995

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 Aug 1994

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 Aug 1994

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 Aug 1994

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 May 1992

"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse

William & Mary Law Review

No abstract provided.


Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens Feb 1983

Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens

William & Mary Law Review

No abstract provided.


Constitutional Law - Equal Protection Of Illegitimate Children - Levy V. Louisiana, 192 So.2d 193 (La. 1966), Robert Kahn Oct 1968

Constitutional Law - Equal Protection Of Illegitimate Children - Levy V. Louisiana, 192 So.2d 193 (La. 1966), Robert Kahn

William & Mary Law Review

No abstract provided.


Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr. Oct 1961

Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr.

William & Mary Law Review

No abstract provided.


Trusts - Statutory Construction Of Adoption Laws, Francis Paul Blanock Apr 1958

Trusts - Statutory Construction Of Adoption Laws, Francis Paul Blanock

William & Mary Law Review

No abstract provided.