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Articles 121 - 150 of 260
Full-Text Articles in Family Law
Child Welfare's Paradox, Dorothy E. Roberts
Child Welfare's Paradox, Dorothy E. Roberts
William & Mary Law Review
No abstract provided.
Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott
Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott
William & Mary Law Review
No abstract provided.
California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling
California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling
William & Mary Journal of Race, Gender, and Social Justice
Effective January 1, 2005, the California Domestic Partner Rights and Responsibilities Act of 2003 (CDPRRA) replaced the Domestic Partnership Act of 1999, vesting registered domestic partners with new rights and a court termination procedure similar to divorce. Does the new statute legalize gay marriage? Are domestic partners eligible for spousal support? Are the registration and termination procedures voluntary? Does the Unruh Civil Rights Act now require businesses and private organizations to include gay members? The article reviews the new law and analyzes how three recent court decisions resolve these controversial issues.
To "Bring Down The Flowers": The Cultural Context Of Abortion Law In Early Modern England, Carla Spivack
To "Bring Down The Flowers": The Cultural Context Of Abortion Law In Early Modern England, Carla Spivack
William & Mary Journal of Race, Gender, and Social Justice
This article takes issue with claims made by Joseph Dellapenna in his 2006 book, Dispelling the Myths of Abortion History, which claims to correct the "distortions of the history" of abortion law underlying Roe v. Wade, 410 U.S. 113 (1973). Dellapenna argues that, contrary to Justice Blackmun's historic analysis in Roe, "abortion was considered a serious crime throughout most of European history" and that "courts did... punish abortions before quickening during the Middle Ages." This article shows that Dellapenna's argument relies on serious misreading of cases and ignorance of the relevant historical, medical, and cultural context, and that pre-quickening or …
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
William & Mary Journal of Race, Gender, and Social Justice
This note addresses the significance of Gao v. Gonzales through the analysis of the development of asylum gender laws in the United States. The analysis includes a brief history of asylum law in the United States and the issues the courts have addressed concerning gender and asylum law. The note concludes with an analysis of the Gao decision and the potential consequences of the decision.
Will Marriage Promotion Work?, Vivian E. Hamilton
Will Marriage Promotion Work?, Vivian E. Hamilton
Faculty Publications
No abstract provided.
A Child's Right: What Should The State Be Required To Provide To Teenagers Aging Out Of Foster Care, Katherine M. Swift
A Child's Right: What Should The State Be Required To Provide To Teenagers Aging Out Of Foster Care, Katherine M. Swift
William & Mary Bill of Rights Journal
Teenagers aging out of foster care face harms that can be traced to their lack of preparation for adulthood. This Article argues that teenagers in foster care have a substantive due process right to services not only while they are in state custody but also after they age out of care. The lower federal courts have interpreted the Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services to mean that foster children-like prisoners and mentally retarded people held in state custody-have a substantive due process right to personal safety. What the courts have not considered is how …
Family Structure, Children, And Law, Vivian E. Hamilton
Family Structure, Children, And Law, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Form And Substance In Parentage Law, Lynn D. Wardle
Form And Substance In Parentage Law, Lynn D. Wardle
William & Mary Bill of Rights Journal
No abstract provided.
Embryo Donation: The Government Adopts A Cause, Jaime E. Conde
Embryo Donation: The Government Adopts A Cause, Jaime E. Conde
William & Mary Journal of Race, Gender, and Social Justice
The disposition of cryopreserved supernumerary embryos has become a divisive issue that puts to test the tenets of the "culture of life" promoted by the Vatican and President George W. Bush. The Bush administration has spent millions of dollars to promote "embryo adoptions" while imposing restrictions on federal funding for embryonic stem cell research. On the other hand, contemporary Catholic moral theologians and philosophers disagree on the question of the morality of embryo "rescue" or "adoption" because the Church strongly opposes in vitro fertilization, the donation of gametes and embryo cryopreservation, as evidenced recently during the Italian fertility law referendum. …
Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes
Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner
The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner
William & Mary Journal of Race, Gender, and Social Justice
This article examines child custody and visitation cases in which courts operate under the assumption that parents who live openly as sexual minorities will harm their children. Based on this assumption, courts frequently impose restrictions on parents, requiring them to live closeted lives in order to have access to their children. Part I of this article introduces the concept of the judicially imposed closet as courts have applied it through several custody and visitation cases. Part II examines social science research concerning the psychological impact of "family secrets" on parents and children as well as research on sexual minority parenting. …
Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker
Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker
William & Mary Law Review
In this Article, Professor Colker argues that the legal system does not simply privilege those in marital relationships but has now begun to privilege those in "marriage-like" relationships through what she terms a marriage-mimicry model. She uses the law of domestic violence to critique this model. She traces the haphazard development of the law of domestic violence and argues that it has served to underprotect many of the victims of domestic violence because lawmakers have reflexively only provided legal recourse for those in marriage-like relationships without asking who is most in need of legal protection. She argues that the legal …
Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd
Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd
William & Mary Bill of Rights Journal
No abstract provided.
The Constitutionality Of Best Interests Parentage, David D. Meyer
The Constitutionality Of Best Interests Parentage, David D. Meyer
William & Mary Bill of Rights Journal
No abstract provided.
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
William & Mary Bill of Rights Journal
No abstract provided.
Protecting Children By Preserving Parenthood, Jane C. Murphy
Protecting Children By Preserving Parenthood, Jane C. Murphy
William & Mary Bill of Rights Journal
No abstract provided.
To Protect And Defend: Assigning Parental Rights When Parents Are In Poverty, Karen Czapanskiy
To Protect And Defend: Assigning Parental Rights When Parents Are In Poverty, Karen Czapanskiy
William & Mary Bill of Rights Journal
No abstract provided.
A Child-Centered Approach To Parentage Law, James G. Dwyer
A Child-Centered Approach To Parentage Law, James G. Dwyer
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Faculty Publications
These symposium remarks are a discussion of themes running through the Constitution, how the FMA, if adopted, might affect those themes, and why we ought to care. I first demonstrate that our Constitution is a thematic document, filled with broad, recognizable, and (mostly) coherent concepts. Separation of powers, representative democracy, federalism, individual liberty, and equality come readily to mind. I then explain that the thematic nature and the inter-coherence of these themes is critical in two ways: to identify those values held to be fundamental in our society, and to assist in the interpretation of the Constitution. The themes in …
Principles Of U.S. Family Law, Vivian E. Hamilton
Principles Of U.S. Family Law, Vivian E. Hamilton
Faculty Publications
What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it …
Two Mothers And Their Child: A Look At The Uncertain Status Of Nonbiological Lesbian Mothers Under Contemporary Law, Rachel E. Shoaf
Two Mothers And Their Child: A Look At The Uncertain Status Of Nonbiological Lesbian Mothers Under Contemporary Law, Rachel E. Shoaf
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Open-Records Debate: Balancing The Interests Of Birth Parents And Adult Adoptees, Caroline B. Fleming
The Open-Records Debate: Balancing The Interests Of Birth Parents And Adult Adoptees, Caroline B. Fleming
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Unwed Fathers' Rights In Adoption: The Virginia Code Vs. The Uniform Adoption Act, Erin Green
Unwed Fathers' Rights In Adoption: The Virginia Code Vs. The Uniform Adoption Act, Erin Green
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital, 1872-1973, Douglas R. Miller
The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital, 1872-1973, Douglas R. Miller
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Paradox Of Unmarried Fathers And The Constitution: Biology "Plus" Defines Relationships; Biology Alone Safeguards The Public Fisc, Laura Oren
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
I Now Pronounce You Husband And Wives: Lawrence V. Texas And The Practice Of Polygamy In Modern America, Cassiah M. Ward
I Now Pronounce You Husband And Wives: Lawrence V. Texas And The Practice Of Polygamy In Modern America, Cassiah M. Ward
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Peculiar Federal Marriage Amendment, Scott Dodson
The Peculiar Federal Marriage Amendment, Scott Dodson
Faculty Publications
In this essay, I discuss the Constitution's commitment to three themes - state power over familial matters, individual liberty, and equality - and then demonstrate how the proposed Federal Marriage Amendment is uniquely contrary to all three. I do not intend to go so far as to suggest that the FMA would be an unconstitutional amendment, if such things are possible, nor do I mean to suggest that same-sex marriage is or should be affirmatively protected by the Constitution. I mean only to suggest that proposed amendments altering the Constitution's commitment to multiple existing themes in the Constitution should be …
Gender Assignment Surgery For Intersexed Infants: How The Substantive Due Process Right To Privacy Both Supports And Opposes A Moratorium, Sara A. Aliabadi
Gender Assignment Surgery For Intersexed Infants: How The Substantive Due Process Right To Privacy Both Supports And Opposes A Moratorium, Sara A. Aliabadi
W&M Law Student Publications
No abstract provided.
Mistaking Marriage For Social Policy, Vivian E. Hamilton
Mistaking Marriage For Social Policy, Vivian E. Hamilton
Faculty Publications
This Article examines the role of marriage in society, focusing on the state's use of marriage as a proxy for desirable outcomes in social policy. Its analytical point of departure is the normative vision of modern marriage embraced by many of its proponents. From there, the idealized marriage is analyzed, not as a monolithic, opaque institution, but as one whose functional components may be identified and examined. The Article identifies the following as the primary functions of the normative marital family: expression; companionship; sex/procreation; caretaking; and economic support or redistribution. Analyzing the roles in society of each of these functions, …