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Articles 31 - 60 of 95
Full-Text Articles in Family Law
Anchoring More Than Babies: Children's Rights After Obergefell V. Hodges, Susan Hazeldean
Anchoring More Than Babies: Children's Rights After Obergefell V. Hodges, Susan Hazeldean
Faculty Scholarship
No abstract provided.
Domestic Violence Law, Abusers’ Intent, And Social Media: How Transaction-Bound Statutes Are The True Threats To Prosecuting Perpetrators Of Gender-Based Violence, Megan L. Bumb
Brooklyn Law Review
The rapid expansion of social media has brought with it a new platform for perpetrators of domestic violence to assert power and control over their victims. The statutes presently used to prosecute abusers fail to protect victims from social media threats and to punish abusers for making those threats. Using the Supreme Court’s 2015 decision in Elonis v. United States, this note proposes a straightforward solution to a multifaceted problem—how to better protect victims of domestic violence from social media threats while maintaining abusers’ First Amendment rights. The answer is not mere clarification of the true threat doctrine; it is …
Redrawing The Boundaries Of Relational Crime, Cynthia Godsoe
Redrawing The Boundaries Of Relational Crime, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Journal of Law and Policy
In the last three decades, a new type of physical seclusion has appeared around the world: the gating and walling of urban and suburban spatial residences. This phenomenon, led mainly by dominant socio-economic groups, is referred to as “gated communities.” This article focuses on the legal challenges that gated communities raise in ethnocratic societies that share a legacy of segregation and of unequal distribution of land. The main argument is that, due to this legacy, the legality of gated communities and walls that separate communities generate legal debates that goes beyond classic legal claims of rights violations of non-residents of …
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Journal of Law and Policy
In the last three decades, a new type of physical seclusion has appeared around the world: the gating and walling of urban and suburban spatial residences. This phenomenon, led mainly by dominant socio-economic groups, is referred to as “gated communities.” This article focuses on the legal challenges that gated communities raise in ethnocratic societies that share a legacy of segregation and of unequal distribution of land. The main argument is that, due to this legacy, the legality of gated communities and walls that separate communities generate legal debates that goes beyond classic legal claims of rights violations of non-residents of …
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Brooklyn Law Review
As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …
Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango
Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango
Brooklyn Law Review
The notion of the traditional American family has changed due to complex family structures formed through remarriages, cohabitation, and same-sex couples. Freedom of disposition is a guiding principle of inheritance law, whereby society recognizes the value in protecting one’s ability to acquire and transfer personal property at death. However, intestacy statutes are antiquated and have failed to keep pace with the rise of the modern American family, thus leaving the right to freedom of disposition uncertain and vulnerable for a large population. A will is a way of opting out of intestacy, but given that a will is frequently the …
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
Journal of Law and Policy
In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science, and commerce. These two cases exemplified the debate regarding domestic surrogacy—a debate that has now been raging for decades. A new ethical and legal debate …
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman
Brooklyn Journal of International Law
International commercial surrogacy is when a person or couple from one country hires a surrogate in a different country. In recent years, this form of reproductive tourism has been a booming industry in Thailand due to the lack of meaningful regulation, relatively low cost, and unavailability in other countries. After a string of scandals involving Thai surrogacy arrangements arose, however, the Thai government enacted the Protection for Children Born Through Assisted Reproductive Technologies Act (the “ART Act”), prohibiting Thai commercial surrogacy from serving foreign clients, and only allowing Thai heterosexual couples to make use of surrogacy arrangements. As a result, …
Adopting The Gay Family, Cynthia Godsoe
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Faculty Scholarship
No abstract provided.
Marriage Equality And The New Maternalism, Cynthia Godsoe
Marriage Equality And The New Maternalism, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Parsing Parenthood, Cynthia Godsoe
Permanency Puzzle, Cynthia Godsoe
Parsing Parenthood, Cynthia Godsoe
Family Law Equality At A Crossroads, David D. Meyer
Family Law Equality At A Crossroads, David D. Meyer
Faculty Scholarship
No abstract provided.
Adolescents In Society: Their Evolving Legal Status, Introduction, Cynthia Godsoe
Adolescents In Society: Their Evolving Legal Status, Introduction, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Just Intervention: Differential Response In Child Protection, Cynthia Godsoe
Just Intervention: Differential Response In Child Protection, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Not The Marrying Kind: A Feminist Critique Of Same-Sex Marriage/Reconstructing Marriage: The Legal Status Of Relationships In A Changing Society (Book Review), Yuvraj Joshi
Faculty Scholarship
No abstract provided.
Confounding Identities: The Paradox Of Lgbt Children Under Asylum Law, Susan Hazeldean
Confounding Identities: The Paradox Of Lgbt Children Under Asylum Law, Susan Hazeldean
Faculty Scholarship
No abstract provided.
All In The Family: Towards A New Representational Model For Parents And Children, Cynthia Godsoe
All In The Family: Towards A New Representational Model For Parents And Children, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
What's Fair In Divorce Property Distribution? Cross-National Perspectives From Survey Evidence, Marsha Garrison
What's Fair In Divorce Property Distribution? Cross-National Perspectives From Survey Evidence, Marsha Garrison
Faculty Scholarship
No abstract provided.
Disestablishing The Family, Alice Ristroph
Fragmentation And Consolidation In The Law Of Marriage And Same-Sex Relationships, David D. Meyer
Fragmentation And Consolidation In The Law Of Marriage And Same-Sex Relationships, David D. Meyer
Faculty Scholarship
No abstract provided.
Nonmartial Cohabitation: Social Revolution And Legal Regulation, Marsha Garrison
Nonmartial Cohabitation: Social Revolution And Legal Regulation, Marsha Garrison
Faculty Scholarship
No abstract provided.
Gonzalez V. Carhart And The Hazards Of Muddled Scrutiny, David D. Meyer
Gonzalez V. Carhart And The Hazards Of Muddled Scrutiny, David D. Meyer
Faculty Scholarship
No abstract provided.
Regulating Reproduction, Marsha Garrison
Reviving Marriage: Could We? Should We?, Marsha Garrison
Reviving Marriage: Could We? Should We?, Marsha Garrison
Faculty Scholarship
No abstract provided.
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
Faculty Scholarship
No abstract provided.
Promoting Cooperative Parenting: Programs And Prospects, Marsha Garrison
Promoting Cooperative Parenting: Programs And Prospects, Marsha Garrison
Faculty Scholarship
No abstract provided.