Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (25)
- Law and Gender (14)
- Civil Rights and Discrimination (12)
- Courts (11)
- Human Rights Law (10)
-
- Law and Society (9)
- Health Law and Policy (8)
- Legislation (8)
- Social and Behavioral Sciences (8)
- Civil Law (7)
- Civil Procedure (7)
- International Law (7)
- Juvenile Law (7)
- Sexuality and the Law (6)
- Torts (6)
- Comparative and Foreign Law (5)
- Property Law and Real Estate (5)
- Indigenous, Indian, and Aboriginal Law (4)
- Religion Law (4)
- Science and Technology Law (4)
- Business Organizations Law (3)
- Criminal Law (3)
- Disability Law (3)
- Education Law (3)
- Immigration Law (3)
- Jurisprudence (3)
- Law and Race (3)
- Legal Studies (3)
- Institution
-
- William & Mary Law School (35)
- Washington and Lee University School of Law (14)
- Maurer School of Law: Indiana University (9)
- West Virginia University (8)
- University of the District of Columbia School of Law (7)
-
- Florida A&M University College of Law (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- Boston University School of Law (3)
- Florida International University College of Law (3)
- Georgia State University College of Law (3)
- Seattle University School of Law (3)
- University of Montana (3)
- University of South Carolina (3)
- Villanova University Charles Widger School of Law (3)
- Washington University in St. Louis (3)
- Association of American Law Schools (2)
- Barry University School of Law (2)
- Columbia Law School (2)
- National Law School of India University (2)
- New York Law School (2)
- Northwestern Pritzker School of Law (2)
- SJ Quinney College of Law, University of Utah (2)
- Singapore Management University (2)
- Texas A&M University School of Law (2)
- The Peter A. Allard School of Law (2)
- University of Arkansas Little Rock (2)
- University of Missouri-Kansas City School of Law (2)
- University of Oklahoma College of Law (2)
- Yeshiva University, Cardozo School of Law (2)
- American University Washington College of Law (1)
- Publication Year
- Publication
-
- Faculty Publications (19)
- Supreme Court Case Files (9)
- Faculty Scholarship (8)
- West Virginia Law Review (8)
- Indiana Law Journal (7)
-
- William & Mary Bill of Rights Journal (7)
- William & Mary Law Review (7)
- Nevada Supreme Court Summaries (6)
- William & Mary Journal of Race, Gender, and Social Justice (6)
- Journal Publications (5)
- Journal Articles (4)
- Court Decisions (3)
- Georgia State University Law Review (3)
- Popular Media (3)
- Scholarly Articles (3)
- Scholarship@WashULaw (3)
- Seattle University Law Review (3)
- University of the District of Columbia Law Review (3)
- All Faculty Publications (2)
- Faculty Works (2)
- Journal of Legal Education (2)
- Northwestern University Law Review (2)
- Oklahoma Law Review (2)
- Research Collection Yong Pung How School Of Law (2)
- Utah Law Faculty Scholarship (2)
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- 2013 New England Association for Asian Studies Conference (1)
- All Faculty Scholarship (1)
- Articles (1)
- Articles & Chapters (1)
- Publication Type
Articles 91 - 120 of 158
Full-Text Articles in Family Law
Marital Naming/Naming Marriage: Language And Status In Family Law, Suzanne A. Kim
Marital Naming/Naming Marriage: Language And Status In Family Law, Suzanne A. Kim
Indiana Law Journal
What's in a name? Based on current family law and policy debates, the answer would seem to be: a whole lot. Today's discussion of legal prohibitions of same-sex marriage abounds with the assumption that language, in the form of names and labels, is deeply meaningful from a status perspective. Missing from this debate, however, is a careful examination of the role that names and labels play in the construction of the status category of marriage. This Article fills this gap in family law scholarship by providing an explicit account of how language plays a critical role in reflecting and reinforcing …
In Re Evanson, No. 2009-J-033, 2009-Ap-06 (Blkft. Tr. Ct. App., Jun. 22, 2010)., Blackfeet Appellate Court
In Re Evanson, No. 2009-J-033, 2009-Ap-06 (Blkft. Tr. Ct. App., Jun. 22, 2010)., Blackfeet Appellate Court
Court Decisions
The Court of Appeals upheld the lower court’s dismissal of a child custody case for lack of jurisdiction. The Court held that the Blackfeet Family Code limits the Court’s jurisdiction only to those children who reside on the Blackfeet Reservation, which Evanson did not.
After Buffalo V. Burd, 2010-Ap-06 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court
After Buffalo V. Burd, 2010-Ap-06 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court overturned the lower court’s reward of alimony, finding that Blackfeet Tribal Code does not have a law regarding alimony. The Court also dismissed a restraining order because there was nothing in the pleading to substantiate the need for a restraining order and the lower court did not hold a hearing regarding it.
In Re Marriage Of Blackman And Blackman, 2008-Ca-100 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court
In Re Marriage Of Blackman And Blackman, 2008-Ca-100 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court held that Blackfeet Law and Order Code, Chapter 11 only allows appeal from final judgment. Because no final judgment had been rendered by the lower court, the appeal was without merit.
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
Scholarly Articles
No abstract provided.
Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson
Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson
Scholarly Articles
No abstract provided.
Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin
Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin
Journal Articles
In most states, child welfare hearings and records are sealed or confidential. This means that by law, court hearings and records may not be observed. The same laws and court rules also preclude those who are authorized to enter and watch from discussing anything learned or observed in a closed courtroom or from a sealed court record with anyone not involved in the case. It is the restriction on speech—on telling stories about child welfare—with which this Article is concerned. I will argue in this Article that the insights of narrative theory and agenda-setting studies help us understand the damaging …
Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth F. Emens, Berta E. Hernández-Truyol, Vivian M. Gutierrez, Lisa C. Ikemoto, Angela Onwuachi-Willig, Jacob Willig-Onwuachi, Kimberly Mutcherson, Peter Siegelman, Beth Jones
Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth F. Emens, Berta E. Hernández-Truyol, Vivian M. Gutierrez, Lisa C. Ikemoto, Angela Onwuachi-Willig, Jacob Willig-Onwuachi, Kimberly Mutcherson, Peter Siegelman, Beth Jones
Faculty Scholarship
I'm a law professor who works on gender, sexuality, and culture in the international and comparative context. That's my head working. In "real" life, my partner, Howard, and I have been engaged in having a baby together for several years, a project that came to fruition with the birth of our daughter Melina. Of course, such a project evokes intensely complex feelings and thoughts. Beyond a simple transposition of the personal onto the political, I feel so fortunate to have engaged in myriad conversations with a variety of friends and colleagues who think much more carefully about the family and …
Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Childhood Obesity As Child Abuse, Cheryl Page
Journal Publications
With all of the mudslinging that is taking place in the current healthcare debate, very few proponents and opponents seem to be addressing the elephant in the room-obesity. Childhood obesity, specifically, is rising at an alarming rate. "The prevalence of obesity (BMI 30) continues to be a health concern for adults, children and adolescents in the United States." Sadly, the rate of adult obesity is increasing almost as dramatically as that of childhood obesity. Based on the National Health and Nutrition Examination Survey (NHANES) study, in the combined years of 2003-2006, of children between the ages of two and nineteen, …
All In The Family, Angela Onwuachi-Willig, Jacob Willig-Onwuachi
All In The Family, Angela Onwuachi-Willig, Jacob Willig-Onwuachi
Faculty Scholarship
Your essay “Pregnant Man?” highlights many significant issues concerning the intersection of law, gender, sexuality, race, class, and family. In an earlier article A House Divided: The Invisibility of the Multiracial Family, we explored many of these issues as they relate to multiracial families, including our own. Specifically, we, a black female-white male married couple, analyzed the language in housing discrimination statutes to demonstrate how law and society function together to frame the normative ideal of family as heterosexual and monoracial. Our article examined the daily social privileges of monoracial, heterosexual couples as a means of revealing the invisibility of …
Civil Partnership: Your Questions Answered - A Comprehensive Analysis Of The Civil Partnership Bill, Fergus Ryan
Civil Partnership: Your Questions Answered - A Comprehensive Analysis Of The Civil Partnership Bill, Fergus Ryan
Reports
The Civil Partnership Bill 2009 arguably represents the most momentous change in Irish Family Law in a generation. The Bill proposes a substantial new legal status for registered same-sex partners, as well as important changes to the law as it relates to cohabitants. This report addresses the provisions of the Bill as initiated, analysing the potential impact of the Bill in clear and accessible language. The Report also highlights potential difficulties with the Bill, and suggests possible enhancements to the Bill as initiated.
Le Droit Myope, Régine Tremblay
Le Droit Myope, Régine Tremblay
All Faculty Publications
Cet essai présente la violence conjugale comme un enjeu de droit privé et de droit public, comme une problématique qui se situe au confluent de ces deux catégories considérées comme mutuellement exclusives. L'évolution de la perception de I'homosexualité en droit public a transformé notre idée du couple en droit privé. Ceci remet en question notre façon de penser le couple, les individus qui le composent et la violence qui s'y produit.
Family Law In The Twenty-First Century: An Annotated Bibliography, Nancy Levit
Family Law In The Twenty-First Century: An Annotated Bibliography, Nancy Levit
Faculty Works
The twenty-first century will bring, among other things, an explosion of technology (in domains ranging from electronic to reproductive), greater personal mobility, and an aging population. Thus, this bibliography emphasizes cutting edge issues in areas as wide-ranging as elder law, electronic discovery, changes in the legal profession (such as internet advertising and provision of legal services), multidisciplinary and multijurisdictional practice, and the new world of reproductive technologies. This bibliography covers law review articles, A.L.R. entries, and some web articles published after 2002, with an emphasis on those in more recent years. The bibliography for the first time expands to include …
(Mis)Appropriated Liberty: Identity, Gender Justice And Muslim Personal Law Reform In India, Cyra Akila Choudhury
(Mis)Appropriated Liberty: Identity, Gender Justice And Muslim Personal Law Reform In India, Cyra Akila Choudhury
Faculty Publications
This article argues that in order to emancipate Indian-Muslim women from an outdated family legal code, their position at the intersection of gender and a minority religion must be taken seriously. Proposals for reform that have been suggested by Western liberal, secular feminists that ignore the importance of women's religious affiliation fail to do this. Moreover, by making assumptions about the strength of secularism in India, the willingness of the state to enact legal reforms driven by gender concerns, and by failing to acknowledge the limits of formal rights alone in changing norms, these scholars do not account for the …
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.
Recent Developments In Family Law In The District Of Columbia June 2004-June 2005, Matthew I. Fraidin
Recent Developments In Family Law In The District Of Columbia June 2004-June 2005, Matthew I. Fraidin
University of the District of Columbia Law Review
No abstract provided.
My Two Dads: Disaggregating Biological And Social Paternity, Melanie B. Jacobs
My Two Dads: Disaggregating Biological And Social Paternity, Melanie B. Jacobs
Faculty and Staff Scholarship
Examines the question of what the basis for establishing fatherhood should be. Explores how legal parentage is determined, examines the two-parent paradigm, and compares biological and social paternity in order to recognize two legal fathers.
Principles Of U.S. Family Law, Vivian E. Hamilton
Principles Of U.S. Family Law, Vivian E. Hamilton
Faculty Publications
What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it …
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Indiana Law Journal
No abstract provided.
The Use Of Prebirth Parentage Orders In Surrogacy Proceedings, Mary P. Byrn, Steven H. Synder
The Use Of Prebirth Parentage Orders In Surrogacy Proceedings, Mary P. Byrn, Steven H. Synder
Faculty Scholarship
Prebirth parentage orders are often sought by parties to surrogacy agreements to formalize the intent of the parties to the agreement before the child is born. Such orders declare the intended parents to be the legal parents of the child. This article discusses the benefits of such orders, as well as the difficulties in obtaining them. The availability and efficacy of prebirth parentage orders depends on many factors including the type of surrogacy arrangement, the state law that governs the proceeding, and whether the parties are in unanimous agreement. This article analyzes the various factors which impact whether obtaining a …
The Peculiar Federal Marriage Amendment, Scott Dodson
The Peculiar Federal Marriage Amendment, Scott Dodson
Faculty Publications
In this essay, I discuss the Constitution's commitment to three themes - state power over familial matters, individual liberty, and equality - and then demonstrate how the proposed Federal Marriage Amendment is uniquely contrary to all three. I do not intend to go so far as to suggest that the FMA would be an unconstitutional amendment, if such things are possible, nor do I mean to suggest that same-sex marriage is or should be affirmatively protected by the Constitution. I mean only to suggest that proposed amendments altering the Constitution's commitment to multiple existing themes in the Constitution should be …
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.
Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot
Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot
Scholarly Works
Part I of this Note will trace the various threads of American marriage law, particularly the perception that marriage is unraveling today due to an unprecedented divorce crisis. Part II will disentangle the conflicting patterns of contract law and status regimes that variously govern marriage, focusing on the uneven enforcement of antenuptial contracts and the implications of such. Part III will argue that the true focus of regulation is the status of the nuclear family, not of marriage per se. Finally, Part IV will propose a bifurcation of the legal regimes governing marriage and the family, recognizing the ability of …
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston
Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston
Journal Publications
Two individuals meet, engage in an intimate, not necessarily sexual, relationship and marry. The two join in a union with the promise to spend the remainder of their natural lives together. But forever is not forever. On a national level, over 50 percent of marriages end in divorce.' Perhaps marriage vows should include a statement about the inevitability of divorce. States' divorce laws vary, from faultbased, to no-fault, to a statutory period of separation. Some states recently made it easier for individuals to be granted a divorce. Reasons for making it easier to end marriages could have been related to …
Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer
Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer
Faculty Publications
No abstract provided.
A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer
A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman
Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman
William & Mary Law Review
No abstract provided.
Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro
Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro
Indiana Law Journal
No abstract provided.