Open Access. Powered by Scholars. Published by Universities.®

Family Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 104

Full-Text Articles in Family Law

Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker Sep 2005

Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker

BYU Law Review

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 …


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.


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.


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.


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.


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.


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.


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 …


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 …


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.


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.


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.


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.


Children, Parents, And Nonparents: Protected Interests And Legal Standards, Eric G. Andersen Sep 1998

Children, Parents, And Nonparents: Protected Interests And Legal Standards, Eric G. Andersen

BYU Law Review

No abstract provided.


Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges Sep 1997

Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges

BYU Law Review

No abstract provided.


A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle Mar 1996

A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle

BYU Law Review

No abstract provided.


People V. Bennett: Analytic Approaches To Recognizing A Fundamental Parental Right Under The Ninth Amendment, Daniel E. Witte Mar 1996

People V. Bennett: Analytic Approaches To Recognizing A Fundamental Parental Right Under The Ninth Amendment, Daniel E. Witte

BYU Law Review

No abstract provided.


Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham Nov 1994

Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham

BYU Law Review

No abstract provided.


Abortion Rights In America, Joan R. Bullock Mar 1994

Abortion Rights In America, Joan R. Bullock

BYU Law Review

No abstract provided.


Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis Mar 1994

Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis

BYU Law Review

No abstract provided.


Traditionalism, Secularism, And The Transformative Dimension Of Religious Institutions, W. Cole Durham Jr., Alexander Dushku May 1993

Traditionalism, Secularism, And The Transformative Dimension Of Religious Institutions, W. Cole Durham Jr., Alexander Dushku

BYU Law Review

No abstract provided.


Children's Rights: The Destruction And Promise Of Family, Barbara Bennett Woodhouse May 1993

Children's Rights: The Destruction And Promise Of Family, Barbara Bennett Woodhouse

BYU Law Review

No abstract provided.


Individualisme Et Communautarisme: L'Individu, La Familie Et L'Etat En Europe Occidentale, Marie-Therese Meulders-Klein May 1993

Individualisme Et Communautarisme: L'Individu, La Familie Et L'Etat En Europe Occidentale, Marie-Therese Meulders-Klein

BYU Law Review

No abstract provided.