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Articles 31 - 60 of 144
Full-Text Articles in Family Law
Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring
Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring
Buffalo Law Review
No abstract provided.
A Comparative Perspective On Immigration Law For Same-Sex Couples: How The United States Compares To Other Industrialized Democracies, James D. Wilets
A Comparative Perspective On Immigration Law For Same-Sex Couples: How The United States Compares To Other Industrialized Democracies, James D. Wilets
Faculty Scholarship
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 …
Reevaluating Where We Stand: A Comprehensive Survey Of America’S Family Justice Systems, Barbara A. Babb
Reevaluating Where We Stand: A Comprehensive Survey Of America’S Family Justice Systems, Barbara A. Babb
All Faculty Scholarship
The call for court reform remains critical in the face of the growing complexity of burgeoning family law cases nationwide. Many states have restructured their court systems using the unified family court model, resolving legal, personal, emotional, and social disputes with the aim of improving the well-being of families and children. Other states utilize the traditional approach, resulting in cases being handled in a fragmented, time-consuming and expensive manner. In this article, Professor Barbara A. Babb presents the results of her nationwide survey regarding how each state handles family law matters. The survey is a follow-up to her comprehensive 1998 …
Introduction To Special Issue On Unified Family Courts, Barbara A. Babb, Gloria Danziger
Introduction To Special Issue On Unified Family Courts, Barbara A. Babb, Gloria Danziger
All Faculty Scholarship
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.
Till [My Parents'] Death Do Us Part: Exposing Testamentary Restrictions Placed On Marriages That Perpetuate Prejudice, Christina V. Bonfanti
Till [My Parents'] Death Do Us Part: Exposing Testamentary Restrictions Placed On Marriages That Perpetuate Prejudice, Christina V. Bonfanti
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Story Of Reynolds V. United States: Federal "Hell Hounds" Punishing Mormon Treason, Martha M. Ertman
The Story Of Reynolds V. United States: Federal "Hell Hounds" Punishing Mormon Treason, Martha M. Ertman
Faculty Scholarship
Part of the “Law Stories” series published by Foundation Press, this chapter in Family Law Stories tells the back story of the 1878 US Supreme Court case Reynolds v. U.S.. While the case held that Mormon polygamy was not protected as the free exercise of religion, this chapter shifts our focus away from sex and religion and toward the Court’s language linking Mormon polygamy with “Asiatic and African” peoples as well as political despotism. This close examination of the historical record shows that 19th century concerns about Mormon separatism – commercial, social and political separatism as well was religious – …
Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater
Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater
Book Gallery
This book is designed for communities seeking to develop interventions that will improve their responses to families suffering both domestic violence and child maltreatment.
Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark
Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark
Book Gallery
The purpose of this checklist is to assist dependency court judges in identifying factors that should be considered when making reasonable efforts determinations in cases involving domestic violence.
When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark
When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy
10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Investigating Racial Disparity At The Detention Decision: The Role Of Respectability, Don L. Kurtz, Tavis Linnemann, Ryan Spohn
Investigating Racial Disparity At The Detention Decision: The Role Of Respectability, Don L. Kurtz, Tavis Linnemann, Ryan Spohn
Center on Children, Families, and the Law: Faculty Publications
A concern over inequity and the existence of racial disparity of youth served by the juvenile justice system has long been a topic of considerable interest among scholars, policymakers, and court officials. Numerous empirical studies undertaken by academics and various public and private organizations have attempted to shed some light on this phenomenon. Research findings on disproportionate minority contact have hardly been uniform, leaving much of this practice unexplained. This study uses data obtained at the detention decision point over a three-year period examining variance in juvenile case processing related to race. Findings suggest that extra-legal factors influencing the decision …
Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo
Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo
Faculty Publications
This article targets a flying buttress of normative heterosexuality: its physical reproduction via procreation and its symbolic propagation through parents' pre-natal preferences for heterosexuality in future children. While the parental "taste for heterosexuality" is often asserted for the sake of future children themselves, this justification overlooks the role of parental self-interest, including anticipated social gains to parents from heterosexuality in children. Hence the taste sets the stage both for sexual orientation-based abuse of future children and the devaluation of sexual minority adults. Courts too have a taste for heterosexuality, shown here in two state court cases denying gays and lesbians …
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
Office for Policy Studies on Violence Against Women Publications
Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …
Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin
Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin
Faculty Publications
This article will address the problematic intersection of terrorism and child custody battles. The most immediate consequences of a terrorist attack are loved ones lost and buildings reduced to rubble. These losses are devastating, shocking and scary. But to end an analysis of terrorist victories with a body count is a fatal mistake. Americans fervently shout we cannot let "them" win, but how do we decide if they are winning? What do the terrorists want? It is not the goal of terrorists to simply kill Americans, causing death and destruction. That is merely a horrific means to their end. Terrorists …
No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro
No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro
Faculty Scholarship
No abstract provided.
Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson
Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson
Campbell Law Review
No abstract provided.
The Upbringing Of A Creature: The Scope Of A Parent's Right To Teach Children To Hate, Brooke Emery
The Upbringing Of A Creature: The Scope Of A Parent's Right To Teach Children To Hate, Brooke Emery
The Modern American
No abstract provided.
Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss
Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss
Articles by Maurer Faculty
In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing supports to victims and empowering employers to take direct legal action against perpetrators of …
Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes
Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes
UIC Law Review
No abstract provided.
"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth
"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth
UIC Law Review
No abstract provided.
The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek
The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek
Michigan Journal of Gender & Law
The broad differences between the United States and Canadian cases raise important questions about the social, political and legal factors that have promoted the extension of marriage rights in Canada while retarding similar efforts in the U.S. This article will compare the recent history of same-sex marriage laws in the United States and Canada. We argue that proponents of same-sex marriage as well as lawmakers could learn important lessons from the recent legalization of same-sex marriage in Canada. Section II develops a framework for comparing the U.S. and Canadian experience with same-sex marriage law. The next section traces Canada's recent …
Red Versus Blue (And Purple) States In The Same-Sex Marriage Debate: From Values Polarization To Common Ground?, Linda C. Mcclain
Red Versus Blue (And Purple) States In The Same-Sex Marriage Debate: From Values Polarization To Common Ground?, Linda C. Mcclain
Faculty Scholarship
What is the role of courts in circumstances of "values polarization"? The framing of this question brings to mind, but differs from, some familiar inquiries about the judicial role in circumstances of conscientious moral disagreement or value pluralism and debates about liberty, morality, and community. Using the conflict over whether civil marriage should extend to same-sex couples as an example, I contrast two recent analyses of values polarization and its implications for finding agreement, Ronald Dworkin’s book, Is Democracy Possible Here?, and June Carbone and Naomi Cahn's project, Red Families v. Blue Families. Dworkin's strategy is to identify shared principles …