Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Children's Beliefs And Family Law, Margaret F. Brinig Oct 2013

Children's Beliefs And Family Law, Margaret F. Brinig

Margaret F Brinig

In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.

I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …


Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron Aug 2013

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …


From Romer V. Evans To United States V. Windsor: Law As A Vehicle For Moral Disapproval In Amendment 2 And The Defense Of Marriage Act, Linda C. Mcclain Apr 2013

From Romer V. Evans To United States V. Windsor: Law As A Vehicle For Moral Disapproval In Amendment 2 And The Defense Of Marriage Act, Linda C. Mcclain

Faculty Scholarship

This article considers the intertwined fates of Romer v. Evans and the Defense of Marriage Act (DOMA), which both date back to 1996. In United States v. Windsor, Justice Kennedy, writing for the majority, struck down Section 3 of DOMA, using Romer as a template. This article reflects on Romer as it bears on the use of law as a vehicle to express morality, in particular, “moral disapproval of homosexuality” and moral approval -- and the defense and nurture -- of “traditional, heterosexual marriage.” Proponents of Amendment 2 (struck down in Romer, in an opinion written by Justice Kennedy) and …


Marriageable Age In Islam: A Study On Marriageable Age Laws And Reforms In Islamic Law, Jeremiah J. Bowden Mar 2013

Marriageable Age In Islam: A Study On Marriageable Age Laws And Reforms In Islamic Law, Jeremiah J. Bowden

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

One area of Islamic law that has been subject to much criticism as of late is the practice of child-marriage. Some, preferring to view Islam suspiciously, tend to create a caricature of Muslims as morally depraved individuals who force young daughters into marriages to old men for financial gain. Several polemicists commenting on this practice have hurled virulent epithets toward the Prophet Muhammad, whom they believe to be the originator of this abhorrent practice. After exploring instances where child-marriage still occurs, I will examine how this practice is currently being reformed in a way consistent with Islamic law. Ultimately, I …


Rumors Of The Sharia Threat Are Greatly Exaggerated: What American Judges Really Do With Islamic Family Law In Their Courtrooms, Asifa Quraishi-Landes Jan 2013

Rumors Of The Sharia Threat Are Greatly Exaggerated: What American Judges Really Do With Islamic Family Law In Their Courtrooms, Asifa Quraishi-Landes

NYLS Law Review

No abstract provided.