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Articles 91 - 120 of 260
Full-Text Articles in Family Law
Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman
Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman
Popular Media
No abstract provided.
Deporting Families: Poliltical Question Or Legal Issue?, Angela M. Banks
Deporting Families: Poliltical Question Or Legal Issue?, Angela M. Banks
Faculty Publications
Last year 245,424 noncitizens were removed from the United States, and courts played virtually no role in ensuring that these decisions did not violate individual substantive rights like freedom of speech, substantive due process, or retroactivity. Had these individuals been deported from a European country, domestic and regional courts would have reviewed the decisions to ensure compatibility with these types of rights. Numerous international law scholars and immigration scholars seek to minimize the gap between the legal processes offered in the United States and Europe for noncitizens challenging deportation orders. Many of these scholars contend that greater recognition of international …
No Place For Children: Addressing Urban Blight And Its Impact On Children Through Child Protection Law, Domestic Relations Law, And "Adult-Only" Residential Zoning, James G. Dwyer
Faculty Publications
No abstract provided.
The Defense Of Marriage Act And Uncategorical Federalism, David B. Cruz
The Defense Of Marriage Act And Uncategorical Federalism, David B. Cruz
William & Mary Bill of Rights Journal
This Essay addresses federalism objections to section 3 of the Defense of Marriage Act (DOMA). Ordinarily, the federal government accepts states’ determinations of what couples are validly married. Section 3 of DOMA, however, fashions a broad exception for same-sex couples, who are definitionally deemed not to be in “marriages.” In addition to equal protection and full faith and credit challenges to DOMA, litigants have made constitutional federalism arguments. In Massachusetts v. United
States Department of Health and Human Services, the federal trial court accepted one such argument, though in a form that might be read to categorically deny the federal …
The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer
The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer
Faculty Publications
No abstract provided.
On Same-Sex Marriage And Matters Of Conscience, Mark Strasser
On Same-Sex Marriage And Matters Of Conscience, Mark Strasser
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Spouse By Any Other Name, Deborah J. Anthony
A Spouse By Any Other Name, Deborah J. Anthony
William & Mary Journal of Race, Gender, and Social Justice
This article will investigate current state laws regarding the change of a husband’s name to his wife’s upon marriage. Given that tradition, and often law itself, discourage that practice, the lingering gendered norms that perpetuate the historical tradition will be explored. Components of this article will include a brief historical analysis of the origin of surnames and the law as it has developed on that issue, including an examination of the place of tradition in the law both empirically and normatively. A discussion of the psychological importance of names in the identities of men versus women will be addressed, as …
Octomom And Multi-Fetal Pregnancies: Why Federal Legislation Should Require Insurers To Cover In Vitro Fertilization, Camille M. Davidson
Octomom And Multi-Fetal Pregnancies: Why Federal Legislation Should Require Insurers To Cover In Vitro Fertilization, Camille M. Davidson
William & Mary Journal of Race, Gender, and Social Justice
This article examines the public health, legal, and policy implications of multi-fetal pregnancies resulting from in vitro fertilization (IVF), using the 2009 “Octomom” case as a catalyst for discussion. Camille M. Davidson argues that the high rate of multi-fetal pregnancies in the United States is a direct consequence of the unregulated fertility industry, the financial burden of IVF on patients, and the incentive structures created by the Fertility Clinic Success Rate and Certification Act. She contends that lack of mandated insurance coverage compels patients and physicians to transfer multiple embryos per cycle to maximize pregnancy chances, increasing the risks of …
Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman
Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman
Faculty Publications
No abstract provided.
Color Conscious: The Unconstitutionality Of Adoptive Parents' Expression Of Racial Preferences In The Adoption Process, Colin Schlueter
Color Conscious: The Unconstitutionality Of Adoptive Parents' Expression Of Racial Preferences In The Adoption Process, Colin Schlueter
William & Mary Bill of Rights Journal
No abstract provided.
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
William & Mary Bill of Rights Journal
No abstract provided.
Embryo Fundamentalism, June Carbone, Naomi Cahn
Embryo Fundamentalism, June Carbone, Naomi Cahn
William & Mary Bill of Rights Journal
No abstract provided.
The Meaning Of Marriage: Immigration Rules And Their Implications For Same-Sex Spouses In A World Without Doma, Scott C. Titshaw
The Meaning Of Marriage: Immigration Rules And Their Implications For Same-Sex Spouses In A World Without Doma, Scott C. Titshaw
William & Mary Journal of Race, Gender, and Social Justice
An estimated 35,000 U.S. citizens are living in our country with same-sex foreign partners, but these couples have no right to stay here together on the basis of their relationship. Many of these Americans are faced with a choice between their partners and the country they love. This is true even if the couple is legally married in one of the growing number of U.S. states and foreign countries that recognize same-sex marriage. The Defense of Marriage Act (DOMA), which defines “marriage” for all federal purposes as an exclusively heterosexual institution, stands squarely in their way. Reform options that would …
Parental Entitlement And Corporal Punishment, James G. Dwyer
Parental Entitlement And Corporal Punishment, James G. Dwyer
Faculty Publications
No abstract provided.
Nebraska Safe Haven Snafu, Revisited, Aaron-Andrew P. Bruhl
Nebraska Safe Haven Snafu, Revisited, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin
William & Mary Law Review
No abstract provided.
Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman
Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
William & Mary Journal of Race, Gender, and Social Justice
This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …
Judging Vanessa: Norm Setting And Deviance In The Law Of Motherhood, Michelle Oberman
Judging Vanessa: Norm Setting And Deviance In The Law Of Motherhood, Michelle Oberman
William & Mary Journal of Race, Gender, and Social Justice
This article, by an author who has devoted over a decade to the study of women whom the law deems "bad" mothers, undertakes a more probing consideration of what truly separates the deviant mother from the "good" mother. In this article, she exposes the flaws in a binary classification of mothers as either "good" or "bad." She accomplishes this task by juxtaposing the stories, both legal and personal, of Vanessa, a woman whom society has judged to be a "bad" mother, and the author, a mother most in society would view as "good." In the end, the author not only …
Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres
Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres
William & Mary Journal of Race, Gender, and Social Justice
It is impossible to know the number of infants killed or illegally abandoned at birth. No official reporting requirements exist, but conservative estimates claim that in the United States, 150-300 infants are killed within twenty-four hours of life and that over 100 infants are illegally abandoned. Beginning in 1999, in an effort to stem the problem of neonaticide and illegal abandonment, states began enacting laws to legalize abandonment. By 2008, all fifty states had enacted safe haven laws, which allow parents to anonymously abandon newborns by delivering them to designated providers, such as hospitals. This article provides a practical and …
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
William & Mary Journal of Race, Gender, and Social Justice
This note addresses how deportation of undocumented immigrants affects the U.S. citizen children of those immigrants. The author examines this issue by studying the story of Marta Escoto, a woman facing deportation and also the mother and sole caregiver of a U.S. citizen child with a severely debilitating disease. If Escoto is deported and forced to return to her home country of Honduras, her daughter will likely be unable to continue to receive adequate and necessary health care. Mothers like Escoto who face deportation often plead the well-being of their children, but few can satisfy the high burden of proving …
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
Faculty Publications
No abstract provided.
Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer
Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer
Faculty Publications
State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to …
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
William & Mary Bill of Rights Journal
No abstract provided.
The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen
The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen
William & Mary Journal of Race, Gender, and Social Justice
Do intact same-sex couples where one member of the couple became pregnant with assisted reproduction or was the primary adopter, and the other member became a parent through second parent adoption, understand the legal protections afforded them? In short the answer is no. An interesting family dynamic arises around those who can claim the true status as parent based on their legal understandings of parenthood and their interactions with the dominant culture. While high profile custody cases on this issue have been decided in the United States with varying results, no research has examined the impact of uneven legal protections …
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
W&M Law Student Publications
No abstract provided.
Polygamy And Same-Sex Marriage - Allies Or Adversaries Within The Same-Sex Marriage Movement, Jaime M. Gher
Polygamy And Same-Sex Marriage - Allies Or Adversaries Within The Same-Sex Marriage Movement, Jaime M. Gher
William & Mary Journal of Race, Gender, and Social Justice
This article addresses the charged slippery slope accusation that permitting same-sex marriage will inevitably lead to the legalization of polygamy. While same-sex marriage advocates generally distance their cause from polygamy and its disparaging history when responding to such accusations, this article determines whether that response is appropriate, or alternatively, whether the same-sex marriage movement could benefit from linkages between polygamy and same-sex marriage. In conducting the analysis, this article presents a nuanced discussion of marriage and its varying forms. Specifically, it examines the United States' historical regulation of polygamy, interrogates analogies between polygamy and same-sex marriage, compares cross-cultural practices and …
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
Faculty Publications
No abstract provided.
Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton
Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin
Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin
William & Mary Bill of Rights Journal
American divorce law was transformed by the Supreme Court in a series of decisions beginning with Williams v. North Carolina in 1942. These constitutional full faith and credit cases resolved a long-standing federalism problem by redefining the scope of state power over marital status. With these decisions, the Court shifted from an analysis based on the competing interests of different states to an approach that highlighted the individual interests of the parties involved. This change fundamentally altered state power over the family by extending to individuals greater control of their marital status. In the process, the Court cleared a path …