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Articles 31 - 60 of 107
Full-Text Articles in Family Law
A Proposal For A Feasible, First-Step, Legislative Agenda For Divorce Reform, Alan J. Hawkins
A Proposal For A Feasible, First-Step, Legislative Agenda For Divorce Reform, Alan J. Hawkins
Brigham Young University Journal of Public Law
No abstract provided.
Dilemmas Of Indissoluble Parenthood: Legal Incentives, Parenting, And The Work-Family Balance , Lynn D. Wardle
Dilemmas Of Indissoluble Parenthood: Legal Incentives, Parenting, And The Work-Family Balance , Lynn D. Wardle
Brigham Young University Journal of Public Law
Building upon three main points developed by Patrick Parkinson in Family Law and the Indissolubility of Parenthood (2011), this paper shows that globally there is great legal interest in protecting parenting and parent-children relations; that issues grounded in the indissolubility of parenthood arise during ongoing marriages as well as after marital breakup (or nonformation); and that legal reforms to reduce or eliminate laws creating perverse incentives that impede effective, committed parenting should consider regulations regarding intact families as well as never-married and post-divorce families. This article reviews evidence of the deterioration of families and of parenting in society, including rising …
Indissoluble Nonresidential Parenthood: Making It More Than Semantics When Parents Share Parenting Responsibilities, Cynthia R. Mabry
Indissoluble Nonresidential Parenthood: Making It More Than Semantics When Parents Share Parenting Responsibilities, Cynthia R. Mabry
Brigham Young University Journal of Public Law
No abstract provided.
Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley
Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley
Brigham Young University Journal of Public Law
No abstract provided.
When Is Parenthood Dissoluble?, Patrick Parkinson
When Is Parenthood Dissoluble?, Patrick Parkinson
Brigham Young University Journal of Public Law
No abstract provided.
On The Child's Need To Be One's Self, Ya'ir Ronen
On The Child's Need To Be One's Self, Ya'ir Ronen
Brigham Young University Journal of Public Law
No abstract provided.
Belonging In America: How To Understand Same-Sex Marriage, Robert A. Burt
Belonging In America: How To Understand Same-Sex Marriage, Robert A. Burt
Brigham Young University Journal of Public Law
No abstract provided.
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.
Where (In The World) Do Children Belong?, Annette Laquer Estin
Where (In The World) Do Children Belong?, Annette Laquer Estin
Brigham Young University Journal of Public Law
No abstract provided.
Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig
Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig
Brigham Young University Journal of Public Law
No abstract provided.
Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism, Laurence C. Nolan
Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism, Laurence C. Nolan
Brigham Young University Journal of Public Law
No abstract provided.
Amae And Belonging—An Encounter Of The Japanese Psyche And The Waning Of Belonging In America, Akira Morita
Amae And Belonging—An Encounter Of The Japanese Psyche And The Waning Of Belonging In America, Akira Morita
Brigham Young University Journal of Public Law
No abstract provided.
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
Brigham Young University Journal of Public Law
No abstract provided.
The Boundaries Of Belonging: Allegiance, Purpose And The Definition Of Marriage, Lynn D. Wardle
The Boundaries Of Belonging: Allegiance, Purpose And The Definition Of Marriage, Lynn D. Wardle
Brigham Young University Journal of Public Law
This article addresses an important concept theme in family law scholarship: that of belonging. This paper will address the boundaries of belonging, the need to preserve boundaries to preserve communities, particularly the community of marriage, and to protect and maintain the opportunity and value of belonging to such communities. One of the paradoxes of belonging is that the need to belong also creates a need to exclude; in order for belonging to occur, there must be boundaries, standards defining the relationship, and criteria separating members of the group from nonmembers. The boundaries of marriage must reflect the key purposes of …
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.
"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.