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Articles 31 - 60 of 77

Full-Text Articles in Family Law

A Spouse By Any Other Name, Deborah J. Anthony Nov 2010

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 Nov 2010

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 …


The Meaning Of Marriage: Immigration Rules And Their Implications For Same-Sex Spouses In A World Without Doma, Scott C. Titshaw Apr 2010

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 …


Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman Oct 2009

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 Oct 2009

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 Feb 2009

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 Feb 2009

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 Feb 2009

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 …


The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen Oct 2008

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 …


Polygamy And Same-Sex Marriage - Allies Or Adversaries Within The Same-Sex Marriage Movement, Jaime M. Gher Apr 2008

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 …


California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling Oct 2007

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 Oct 2007

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 Oct 2007

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.


Embryo Donation: The Government Adopts A Cause, Jaime E. Conde Oct 2006

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 Oct 2006

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 Oct 2006

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. …


Two Mothers And Their Child: A Look At The Uncertain Status Of Nonbiological Lesbian Mothers Under Contemporary Law, Rachel E. Shoaf Oct 2005

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 Apr 2005

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 Feb 2005

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 Oct 2004

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 Oct 2004

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 Oct 2004

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.


A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger Feb 2004

A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Caring For Mom And Dad: The Importance Of Family-Provided Eldercare And The Positive Implications Of California's New Paid Family Leave Law, K. Nicole Harms Oct 2003

Caring For Mom And Dad: The Importance Of Family-Provided Eldercare And The Positive Implications Of California's New Paid Family Leave Law, K. Nicole Harms

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue Apr 2003

Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


An Unjust Act: The Schizophrenic State Of Maturity And Culpability In Juvenile Justice And Minor Abortion Rights Law; Recent Trends In Virginia And Nationally, Jon-Michael Foxworth Apr 2003

An Unjust Act: The Schizophrenic State Of Maturity And Culpability In Juvenile Justice And Minor Abortion Rights Law; Recent Trends In Virginia And Nationally, Jon-Michael Foxworth

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith Feb 2003

Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


What's A Woman To Do?: A Look At Private Child Support Agreements In Virginia, Nicole Spain Feb 2003

What's A Woman To Do?: A Look At Private Child Support Agreements In Virginia, Nicole Spain

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh Feb 2003

Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Griswold, The Fda, And The State Legislator: The Regulation Of Mifeprex, Paige Kremser Apr 2002

Griswold, The Fda, And The State Legislator: The Regulation Of Mifeprex, Paige Kremser

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.