Family Law Commons^™

New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard

NYLS Law Review

No abstract provided.

It's Not Just Shopping Urban Lofts, And The Lesbian Gay-By Boom: How Sexual Orientation Demographics Can Inform Family Courts , Todd Brower

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Hebrew Language Has Not Created A Title For Me: A Legal And Sociolinguistic Analysis Of New-Type Families, Michael Tamir, Dalia Cahana-Amitay

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Considering Mom: Maternity And The Model Act Governing Assisted Reproductive Technology, Charles P. Kindregan Jr.

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Marriage As A Message: Same-Sex Couples And The Rhetoric Of Accidental Procreation, Kerry Abrams, Peter Brooks

Faculty Scholarship

In his dissent in the 2003 case Goodridge v. Department of Health, Justice Robert Cordy of the Massachusetts Supreme Court introduced a novel argument in support of state bans on same-sex marriage: that marriage is an institution designed to create a safe social and legal space for accidental heterosexual reproduction, a space that is not necessary for same-sex couples who, by definition, cannot accidentally reproduce. Since 2003, every state appellate court considering a same-sex marriage case has adopted Justice Cordy's dissent until the recent California Supreme Court decision In Re Marriage Cases. In case after case, courts have held that …

The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

An Assessment Of The Law School Climate For Glbt Students, Kelly Strader, Brietta R. Clark, Robin C. Ingli, Elizabeth Kransberger, Lawrence C. Levine, William D. Perez

Journal of Legal Education

No abstract provided.

The South African Civil Union Act 17 Of 2006: A Good Example Of The Dangers Of Rushing The Legislative Process, Bradley S. Smith, J. A. Robinson

Brigham Young University Journal of Public Law

No abstract provided.

10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Upbringing Of A Creature: The Scope Of A Parent's Right To Teach Children To Hate, Brooke Emery

The Modern American

No abstract provided.

"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.

What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman

Villanova Law Review (1956 - )

No abstract provided.

Advocating For The Constitutional Rights Of Nonresident Fathers, Vivek Sankaran

Articles

Months after a child welaare case is petitioned, a nonresident father appears in court and requests custody of his children who are living in foster care. Little is known about the father, and immediately, the system-judge, caseworkers, and attorneys view him with suspicion and caution, inquiring about his whereabouts and his prior involvement in the children's lives. Those doubts, in turn, raise complicated questions about his legal rights to his children. As a practioner working in the child welfare system, you're likely to face this scenario. The largest percentage of child victims of abuse and neglect come from households headed …

Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan

Faculty Publications

No abstract provided.

Unintended Consequences: Why Congress Should Tread Lightly When Entering The Field Of Family Law, Elizabeth G. Patterson

Faculty Publications

No abstract provided.

Right Responsibility: Does The Right To Procreate Include The Responsibility To Parent?, A Felicia Epps

Journal Publications

No abstract provided.

Pressures Toward Mediocrity In The Representation Of Children, Barbara Glesner Fines

Faculty Works

When children are the subject of dependency, adoption or guardianship proceedings, protecting those children requires attention to a variety of interests. Children need a voice: an advisor and an advocate whose judgment is unclouded by conflicting interests. Courts need information that the adult parties to the proceedings may not easily discover or willingly provide. The families and social services agencies need monitors and mediators. The attorney guardian ad litem (GAL) is, in many situations, called upon to meet all these needs. During the past decade, major academic conferences and professional organizations have devoted thousands of hours to developing standards of …

The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo

NYLS Law Review

No abstract provided.

The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines

Publications

As the decline of Roe v. Wade inspires renewed efforts to restrict federal constitutional abortion rights, the serious shortcomings of abortion rights advocates' strategies for preserving such rights will become increasingly apparent. Continued reliance on Roe is likely to fail with an increasingly unsympathetic Supreme Court. Even abortion rights supporters have begun to criticize the decision for weak reasoning, which is difficult to remedy at this late stage of federal abortion jurisprudence. Moreover, although autonomy and gender equality arguments for abortion rights would improve upon Roe's privacy rationale, such arguments would require abrogating substantial precedent and are, therefore, of limited …

Born To No Mother: In Re Roberto D.B. And Equal Protection For Gestational Surrogates Rebutting Maternity, Emily Stark

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Moral Conflict And Conflicting Liberties, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

The authors' goal in this chapter is to surface some of the commonalities between belief liberty and identity liberty and to offer some public policy suggestions for what to do when these liberties conflict. She first wants to make transparent the conflict that she believes exists between laws intended to protect the liberty of lesbian, gay, bisexual, and transgender (LGBT) people so that they may live lives of dignity and integrity and the religious beliefs of some individuals whose conduct is regulated by such laws. The author believes those who advocate for LGBT equality have downplayed the impact of such …

What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

Despite its grounding in a specific and peculiar set of facts, the strict scrutiny mandate of Wisconsin v. Yoder (decided in 1972) has changed the constitutional landscape of custody cases - - and it has done so in a way that is unsound both as a matter of law and policy. Following Yoder, most courts require a showing of harm to the child, or a substantial threat of harm to the child, before placing any restrictions on exposure to a parent’s religious beliefs and practices. This harm standard leaves children in an untenable position when parents compete for “spiritual custody,” …

Love V. Virginia: The Constitutionality Of The Marshall/Newman Amendment, Pavitra Mohan Ram

ExpressO

My comment explores the constitutionality of a recent amendment in Virginia, the Marshall/Newman Amendment, which bans gay marriage and civil unions between unmarried people, and precludes Virginia from recognizing such arrangements formed in other states. The analysis is particularly timely, because even though the Democrats have regained a majority in Congress, and a traditionally Republican Virginian constituency just elected a Democratic senator, a majority of Virginians adopted this Amendment, indicating conservative values still reign.

The comment argues that the Amendment is demonstrably inconsistent with the mandates of the Fourteenth Amendment of the Federal Constitution. The first provision seeks to ban …

Lessons From The Bill Of Rights About Constitutional Protection For Marriage, Lynn D. Wardle

Loyola University Chicago Law Journal

No abstract provided.

The Irrationality Of A Rational Basis: Denying Benefits To The Children Of Same-Sex Couples , Sam Castic

The Modern American

No abstract provided.

Essentially A Mother, Jennifer S. Hendricks

Publications

This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental rights, this article argues that a gestational mother has a constitutional claim to be recognized as a legal parent.

The article first discusses the "unwed father cases." Despite believing that natural sex differences justified distinctions in parental rights, the Supreme Court crafted a test giving men parental rights if they established relationships with their biological …

Ben-Ari V. Director Of Population Administration, Aharon Barak, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia, Miriam Naor, Esther Hayut, Elyakim Rubinstein

Translated Opinions

Facts: The petitioners are five same-sex couples of Israeli citizens who underwent ceremonies of marriage in Canada in accordance with Canadian law. Upon returning to Israel, they applied to the population registry to be registered as married. Their application was refused. They petitioned the court.

Held: (Majority opinion — President Emeritus Barak, President Beinisch, Vice-President Rivlin, Justices Procaccia, Naor, Hayut) Following the rule in Funk-Schlesinger v. Minister of Interior, that the purpose of the registry is merely statistical, the registration official at the population registry is not competent to examine the validity of a marriage. When he is presented with …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan

Campbell Law Review

This brief article examines the strategy of avoiding federal court review and federal constitutional claims for same-sex marriage. It first surveys the history of same-sex marriage litigation in the federal courts. It then turns to the question of why federal courts and claims have been avoided, identifying the most obvious explanation - a conscious strategic aim. The conclusions discussed in that section are exemplified in recent litigation in the Ninth Circuit. The article concludes with some comments on the policy implications of the strategy it describes.