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Articles 1 - 30 of 238
Full-Text Articles in Family Law
A Zealous Advocate, A Robust Cross: Cross-Examination Of Non-Adverse Witnesses By The Guardian Ad Litem, Scott Swain
A Zealous Advocate, A Robust Cross: Cross-Examination Of Non-Adverse Witnesses By The Guardian Ad Litem, Scott Swain
BYU Law Review
“When the lives and fundamental rights of children are at stake, there must be no silent witnesses.”1 — Carol Bellamy
Systemic pressures in child welfare litigation regularly lead guardian ad litem attorneys to default to the positions and recommendations of state social services. In such cases, witnesses called by the state in trials and evidentiary hearings are non-adverse to the guardian ad litem. This dynamic undermines the purposes of cross-examination rules, threatening the procedural interests of the parties involved. This paper will use a procedural due process balancing test to guide its analysis as it proposes three potential solutions: a …
What Is Deeply Rooted In The Constitution?, Thomas P. Crocker
What Is Deeply Rooted In The Constitution?, Thomas P. Crocker
BYU Law Review
In a series of cases stretching over a century, the Court made a right’s roots a constitutive feature of its identity. Highlighting the analytic centrality of deep roots to the recognition of rights, Dobbs v. Jackson Women’s Health withdrew prior judicial recognition of a woman’s right to reproductive choice, arguing that such a right was not properly rooted in the American legal tradition. But what does it mean for a right to have deep roots? A surprising feature of American constitutionalism is that there is no single answer to the basic analytic question of what it means for a right …
Into The Sunset: Divorcing Families Need Their Slice Of The Tcja Reversions, John C. Mcdonald
Into The Sunset: Divorcing Families Need Their Slice Of The Tcja Reversions, John C. Mcdonald
BYU Law Review
On its path to sufficiently offsetting its major cut to the corporate income tax rate in 2017, Congress turned to a surprising source for funds: the alimony support payments of recently divorced families. Alimony’s inclusion/deduction regime in §§ 71 and 215 of the Code allowed divorcing couples to reach mutually beneficial divorce agreements for over half a century until it was unceremoniously repealed by the Tax Cuts and Jobs Act of 2017 with a striking lack of satisfying legislative justifications. This Note suggests that in evaluating the impact of the repeal, Congress and others have failed to consider an important …
Where Do Families Come From? The Law Of Family Definition, Katharine Baker
Where Do Families Come From? The Law Of Family Definition, Katharine Baker
BYU Law Review
Why does the law recognize families? Sometimes family recognition serves to foster cooperative communities in which sharing norms, more than the market or the government, determine rights and obligations. These communities often take care of dependents and serve as important sources of individual self-determination and pluralism. At other times, family delineation serves a corrective purpose, when it forces family members who are not sharing with each other to do so. At still other times, family delineation serves a distributive purpose, as when the law uses “family” definition to distribute resources to determine an intended beneficiary. This use of “family” for …
Nonconsensual Family Obligations, Emily J. Stolzenberg
Nonconsensual Family Obligations, Emily J. Stolzenberg
BYU Law Review
Even as the pandemic has both highlighted and compounded the challenges many U.S. families face in meeting their members’ basic needs, efforts to expand public subsidies for caretaking have gained little traction. Scholars have identified many historical and practical reasons for Americans’ entrenched skepticism toward the welfare state. Ideas matter, too, and this Article uncovers and critiques one that works to limit collective financial responsibility for families: the conviction that family support obligations must be legitimated through consent.
In family law, as in liberal political theory, consent works to reconcile state regulation with individual freedom. But because consent is a …
Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett
Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett
BYU Law Library Publications
A summary of current Utah domestic relations law, updated annually. Selected sample filing documents and links to current legal forms are included in the Appendix.
The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen
The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen
Brigham Young University Journal of Public Law
No abstract provided.
Re-Victimization Of Domestic Violence Victims, Angela De La Garza
Re-Victimization Of Domestic Violence Victims, Angela De La Garza
Brigham Young University Journal of Public Law
No abstract provided.
Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin
Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin
BYU Law Review
No abstract provided.
Changing Family Courts To Help Heal And Build Resilient Families, Carrie E. Garrow
Changing Family Courts To Help Heal And Build Resilient Families, Carrie E. Garrow
BYU Law Review
No abstract provided.
Establishing Paternity Under The Indian Child Welfare Act, Carlie Smith
Establishing Paternity Under The Indian Child Welfare Act, Carlie Smith
BYU Law Review
No abstract provided.
The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders
The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders
Brigham Young University Journal of Public Law
No abstract provided.
The Intertwined Existence Of Families And Religion, Lynn D. Wardle
The Intertwined Existence Of Families And Religion, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
The Intertwined Existence Of Families And Religion, L. Steven Brooks
The Intertwined Existence Of Families And Religion, L. Steven Brooks
Brigham Young University Journal of Public Law
No abstract provided.
The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Neil B. Johnson
The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Neil B. Johnson
Brigham Young University Journal of Public Law
No abstract provided.
Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan
Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan
BYU Law Review
State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law …
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
Brigham Young University Journal of Public Law
No abstract provided.
Regulating Marriage In A New Environment, Carmen Garcimartin
Regulating Marriage In A New Environment, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
Brigham Young University Journal of Public Law
No abstract provided.
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
Brigham Young University Journal of Public Law
No abstract provided.
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Brigham Young University Journal of Public Law
No abstract provided.
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
Brigham Young University Journal of Public Law
No abstract provided.
Family Law And Entrepreneurial Action, D. Gordon Smith
Family Law And Entrepreneurial Action, D. Gordon Smith
Faculty Scholarship
In "The Contractual Foundation of Family-Business Law," Benjamin Means aspires to lay the groundwork for a law of family businesses. In this brief response essay, I suggest that a workable family-business law along the lines suggested by Means is consistent with an overarching policy in the United States of promoting entrepreneurial action, and I evaluate the proposal against this policy goal, with particular attention to Means’s arguments in favor of “family-business defaults” and his concern over the potentially disruptive role of fiduciary law.
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen
BYU Law Review
No abstract provided.
Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry
Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry
Brigham Young University Journal of Public Law
No abstract provided.
Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, Paul Benjamin Linton
Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, Paul Benjamin Linton
Brigham Young University Journal of Public Law
No abstract provided.
Does The Russian Adoption Ban Violate International Law?, Christina Champenois
Does The Russian Adoption Ban Violate International Law?, Christina Champenois
Brigham Young University International Law & Management Review
No abstract provided.
"Family Cycles" And The Future Of Family Law, Allan Carlson
"Family Cycles" And The Future Of Family Law, Allan Carlson
Brigham Young University Journal of Public Law
No abstract provided.
A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm
A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm
Brigham Young University Journal of Public Law
No abstract provided.
The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon
The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.