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Brigham Young University Law School

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Articles 121 - 150 of 238

Full-Text Articles in Family Law

Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner Jul 2003

Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner

Brigham Young University Journal of Public Law

No abstract provided.


The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe Jul 2003

The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe

Brigham Young University Journal of Public Law

No abstract provided.


Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker Jul 2003

Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker

Brigham Young University Journal of Public Law

No abstract provided.


The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan Jul 2003

The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan

Brigham Young University Journal of Public Law

No abstract provided.


Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy Jul 2003

Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy

Brigham Young University Journal of Public Law

No abstract provided.


The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle Jul 2003

The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen Jul 2003

Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen

Brigham Young University Journal of Public Law

The debate over the legality of same-sex marriage has centered largely on the substantive merits of the issue. This article does not. Instead, it seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- "Legality of Same-Sex Marriage Decided" -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme …


The Changing Face Of Parents' Rights, Ralph D. Mawdsley Mar 2003

The Changing Face Of Parents' Rights, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.


Tipping The Balance In Favor Of Justice: Due Process And The Thirteenth And Nineteenth Amendments In Child Removal From Battered Mothers, Shima Baradaran-Robison Mar 2003

Tipping The Balance In Favor Of Justice: Due Process And The Thirteenth And Nineteenth Amendments In Child Removal From Battered Mothers, Shima Baradaran-Robison

BYU Law Review

After Sharwline Nicholson was assaulted by her boyfriend for the first time, the Administration for Child Services (“ACS”) of New York took her children without a court proceeding and temporarily placed them with foster parents. This action was particularly surprising because the children had not been abused by either their father or their mother. Without determining who was at fault, ACS concluded that Nicholson was unfit to parent because she had “engage[d] in acts of domestic violence,” even though she had not assaulted her children or her boyfriend but was only assaulted herself. Nicholson’s experience was not unique, as she …


Tom Green, Common-Law Marriage, And The Illegality Of Putative Polygamy, Ryan D. Tenney May 2002

Tom Green, Common-Law Marriage, And The Illegality Of Putative Polygamy, Ryan D. Tenney

Brigham Young University Journal of Public Law

No abstract provided.


United Nations Policy And The Family: Redefining The Ties That Bind: A Study Of History, Forces And Trends, Maria Sophia Aguirre, Ann Wolfgram Mar 2002

United Nations Policy And The Family: Redefining The Ties That Bind: A Study Of History, Forces And Trends, Maria Sophia Aguirre, Ann Wolfgram

Brigham Young University Journal of Public Law

No abstract provided.


Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia Sep 2001

Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia

BYU Law Review

No abstract provided.


The New "Extended Family"-"De Facto" Parenthood And Standing Under Chapter 2, Gregogy A. Loken Sep 2001

The New "Extended Family"-"De Facto" Parenthood And Standing Under Chapter 2, Gregogy A. Loken

BYU Law Review

No abstract provided.


Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten Sep 2001

Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten

BYU Law Review

This article is about conflicts of laws questions relating to domestic partnerships. The article points out that since there will be states that recognize domestic partnerships because the American Law Institute has expressed approval of domestic partnerships, there will be conflict of laws problems if not all states recognize it. The purpose of this article is to describe some of the conflicts issues that arise when parties to domestic partnerships have, or develop, contacts with more than one state. The article does so by explaining the two broad areas in which these conflicts will arise and by showing that there …


A Nonfeminist's Perspectives Of Mothers And Homemakers Under Chapter 2 Of The Ali Principles Of The Law Of Family Dissolution, F. Carolyn Graglia Sep 2001

A Nonfeminist's Perspectives Of Mothers And Homemakers Under Chapter 2 Of The Ali Principles Of The Law Of Family Dissolution, F. Carolyn Graglia

BYU Law Review

No abstract provided.


Competing Approaches To Same-Sex Versus Opposite-Sex, Unmarried Couples In Domestic Partnership Laws And Ordinances, Terry S. Kogan Sep 2001

Competing Approaches To Same-Sex Versus Opposite-Sex, Unmarried Couples In Domestic Partnership Laws And Ordinances, Terry S. Kogan

BYU Law Review

No abstract provided.


Resolving Relocation Issues Pursuant To The Ali Family Dissolution Principles: Are Children Better Protected?, Janet Leach Richards Sep 2001

Resolving Relocation Issues Pursuant To The Ali Family Dissolution Principles: Are Children Better Protected?, Janet Leach Richards

BYU Law Review

No abstract provided.


Deconstructing Family: A Critique Of The American Law Institute's "Domestic Partners" Proposal, Lynn D. Wardle Sep 2001

Deconstructing Family: A Critique Of The American Law Institute's "Domestic Partners" Proposal, Lynn D. Wardle

BYU Law Review

In promulgating the Principles of the Law of Family Dissolution: Analysis and Recommendations ("Family Dissolution Principles"), the American Law Institute (ALI) proposes an extensive set of new rules to apply in proceedings relating to family dissolution. One of the major policy changes in family law proposed by the Family Dissolution Principles is the expansion of the scope of relationships that are treated as family relations. Many relationships that in the past have been called "alternative relationships" (alternative to family relationships) are treated in the ALI Principles as equal to and given the same legal protections, benefits, rights, and remedies as …


Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner Sep 2001

Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner

BYU Law Review

No abstract provided.


Learning From The Process Of Decision: The Parenting Plan, Francis J. Catania Jr. Sep 2001

Learning From The Process Of Decision: The Parenting Plan, Francis J. Catania Jr.

BYU Law Review

No abstract provided.


Introduction To The Symposium On The American Law Institute's Principles Of The Law Of Family Dissolution, Lynn D. Wardle Sep 2001

Introduction To The Symposium On The American Law Institute's Principles Of The Law Of Family Dissolution, Lynn D. Wardle

BYU Law Review

No abstract provided.


What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer Sep 2001

What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer

BYU Law Review

No abstract provided.


A Small Step Forward: The Ali Domestic Partners Recommendation, Mark Strasser Sep 2001

A Small Step Forward: The Ali Domestic Partners Recommendation, Mark Strasser

BYU Law Review

No abstract provided.


The Likely Impact Of The Ali Principles Of The Law Of Family Dissolution On Property Division, Craig W. Dallon Sep 2001

The Likely Impact Of The Ali Principles Of The Law Of Family Dissolution On Property Division, Craig W. Dallon

BYU Law Review

No abstract provided.


Toward A Unified Field Theory Of The Family: The American Law Institute's Principles Of The Law Of Family Dissolution, James Herbie Difonzo Sep 2001

Toward A Unified Field Theory Of The Family: The American Law Institute's Principles Of The Law Of Family Dissolution, James Herbie Difonzo

BYU Law Review

No abstract provided.


Domestic Partnership Laws In The United States: A Review And Critique, William C. Duncan Sep 2001

Domestic Partnership Laws In The United States: A Review And Critique, William C. Duncan

BYU Law Review

No abstract provided.


"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan Mar 2001

"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan

Brigham Young University Journal of Public Law

No abstract provided.


Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum Mar 2001

Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum

BYU Law Review

No abstract provided.


Johnson V. Rodrigues (Ovozco): An Analysis Of The Constitutionality Of Utah's Adoption Statutes, Sarah K.L. Chow Mar 2001

Johnson V. Rodrigues (Ovozco): An Analysis Of The Constitutionality Of Utah's Adoption Statutes, Sarah K.L. Chow

BYU Law Review

No abstract provided.


The History And Evolution Of Marriage (Review Of From Sacrament To Contract, By John Witte, Jr.), Jennie Holman Blake Sep 1999

The History And Evolution Of Marriage (Review Of From Sacrament To Contract, By John Witte, Jr.), Jennie Holman Blake

BYU Law Review

No abstract provided.