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Articles 91 - 120 of 238
Full-Text Articles in Family Law
From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle
From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle
BYU Law Review
Recognition across state and national borders of controversial forms of domestic relationships have existed throughout the history of conflict of laws, creating tension between two important principles: respect for comity and protection of valued domestic public policies. Drawing upon several examples, and particularly the history of international and intrastate recognition of slavery (a “domestic relationship”) in Anglo-American history, the article shows that despite the comity-based presumption of respect for legal status created in other jurisdictions, when strong public policies protective of domestic relations and status have been implicated, American states consistently have declined to give interstate recognition to those controversial …
Inter-Religious Marriage From Socio-Historical Islamic Perspectives, Noryamin Aini
Inter-Religious Marriage From Socio-Historical Islamic Perspectives, Noryamin Aini
BYU Law Review
No abstract provided.
The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod
The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod
Brigham Young University Journal of Public Law
No abstract provided.
Same-Sex Marriage And Taxes, Stephen T. Black
Same-Sex Marriage And Taxes, Stephen T. Black
Brigham Young University Journal of Public Law
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
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.
A Response To The "Conservative Case" For Same-Sex Marriage: Same-Sex Marriage And "The Tragedy Of The Commons", Lynn D. Wardle
A Response To The "Conservative Case" For Same-Sex Marriage: Same-Sex Marriage And "The Tragedy Of The Commons", Lynn D. Wardle
Brigham Young University Journal of Public Law
After initially reporting on the status of the movement for same-sex marriage in the United States and around the world, this article reviews the five key claims of the "conservative case" for same-sex marriage ("we exist," stabilization, sexual taming, social gains, and no harm) and compares them to the seven core principles of conservatism (preservation, institutions, caution, experience, distrust, individualism, and morality). It finds that the claims for same-sex marriage are seriously deficient when measured against those conservative principles. It presents a conservative case against same-sex marriage both in terms of those key principles of conservatism as well by reference …
A Matter Of Conviction: Moral Clashes Over Same-Sex Adoption, Robin Fretwell Wilson
A Matter Of Conviction: Moral Clashes Over Same-Sex Adoption, Robin Fretwell Wilson
Brigham Young University Journal of Public Law
No abstract provided.
A Potential Lesson From The Israeli Experience For The American Same-Sex Marriage Debate, Shahar Lifshitz
A Potential Lesson From The Israeli Experience For The American Same-Sex Marriage Debate, Shahar Lifshitz
Brigham Young University Journal of Public Law
No abstract provided.
An Overview Of Recent Legal Developments In South Africa With Regard To The Position Of Lesbigay Parents And Children With Specific Reference To The Adoption Of Children, J. A. Robinson
Brigham Young University Journal of Public Law
No abstract provided.
The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell
The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell
Brigham Young University Journal of Public Law
No abstract provided.
The Personal Is Political-And Economic: Rethinking Domestic Violence, Deborah M. Weissman
The Personal Is Political-And Economic: Rethinking Domestic Violence, Deborah M. Weissman
BYU Law Review
No abstract provided.
Student Rights: From In Loco Parentis To Sine Parentibus And Back Again? Understanding The Family Educational Rights And Privacy Act In Higher Education, Britton White
Brigham Young University Education and Law Journal
No abstract provided.
All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield
All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield
BYU Law Review
No abstract provided.
"God's Created Order," Gender Complementarity, And The Federal Marriage Amendment, Linda C. Mcclain
"God's Created Order," Gender Complementarity, And The Federal Marriage Amendment, Linda C. Mcclain
Brigham Young University Journal of Public Law
No abstract provided.
The Supreme Court And Same-Sex Marriage: A Prediction , Robert E. Riggs
The Supreme Court And Same-Sex Marriage: A Prediction , Robert E. Riggs
Brigham Young University Journal of Public Law
No abstract provided.
Same-Sex Marriage: When Will It Reach Utah?, Robert Wintemute
Same-Sex Marriage: When Will It Reach Utah?, Robert Wintemute
Brigham Young University Journal of Public Law
No abstract provided.
Federal Constitutional Protection For Marriage: Why And How, Lynn D. Wardle
Federal Constitutional Protection For Marriage: Why And How, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Brigham Young University Journal of Public Law
No abstract provided.
The Debates About Same-Sex Marriage In Canada And The United States: Controversy Over The Evolution Of A Fundamental Social Institution, Nicholas Bala
The Debates About Same-Sex Marriage In Canada And The United States: Controversy Over The Evolution Of A Fundamental Social Institution, Nicholas Bala
Brigham Young University Journal of Public Law
No abstract provided.
An Amendment To Protect Marriage: Bad In Theory, Likely Worse In Practice, Mark Strasser
An Amendment To Protect Marriage: Bad In Theory, Likely Worse In Practice, Mark Strasser
Brigham Young University Journal of Public Law
No abstract provided.
Full Faith And Republican Gaurantees: Gay Marriage, Fmpa, And The Courts, John C. Eastman
Full Faith And Republican Gaurantees: Gay Marriage, Fmpa, And The Courts, John C. Eastman
Brigham Young University Journal of Public Law
No abstract provided.
Women, Equality, And The Federal Marriage Amendment, Comille S. Williams
Women, Equality, And The Federal Marriage Amendment, Comille S. Williams
Brigham Young University Journal of Public Law
No abstract provided.
Why The Politics Of Marriage Matter: Evaluating Legal And Strategic Approaches On Both Sides Of The Debate On Same-Sex Marriages, Kenneth K. Hsu
Why The Politics Of Marriage Matter: Evaluating Legal And Strategic Approaches On Both Sides Of The Debate On Same-Sex Marriages, Kenneth K. Hsu
Brigham Young University Journal of Public Law
No abstract provided.
Marriage And The Betrayal Of Perez And Loving, Monte Neil Stewart, William C. Duncan
Marriage And The Betrayal Of Perez And Loving, Monte Neil Stewart, William C. Duncan
BYU Law Review
No abstract provided.
Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker
Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker
BYU Law Review
No abstract provided.
Parental Rights Movement On Utah's Capitol Hill Should Not Make Gains At The Expense Of The State's Children, David B. Dibble
Parental Rights Movement On Utah's Capitol Hill Should Not Make Gains At The Expense Of The State's Children, David B. Dibble
Brigham Young University Education and Law Journal
No abstract provided.
Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan
Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan
Brigham Young University Journal of Public Law
No abstract provided.
Traditional Marriage: Still Worth Defending, George W. Dent Jr.
Traditional Marriage: Still Worth Defending, George W. Dent Jr.
Brigham Young University Journal of Public Law
No abstract provided.
The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.
The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.
Brigham Young University Journal of Public Law
No abstract provided.
Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins
Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins
Brigham Young University Journal of Public Law
No abstract provided.