Family Law Commons^™

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

Brigham Young University Journal of Public Law

No abstract provided.

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 …

Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon

Brigham Young University Education and Law Journal

No abstract provided.

Recognition Of Same-Sex Marriage And Public Schools: Implications, Challenges, And Opportunities, Allison Fetter-Harrott

Brigham Young University Education and Law Journal

No abstract provided.

Same-Sex Marriage And The Schools: Potential Impact On Children Via Sexuality Education, A. Dean Byrd

Brigham Young University Education and Law Journal

No abstract provided.

Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.

The Impacts On Education Of Legalizing Same-Sex Marriage And Lessons From Abortion Jurisprudence, Lynn D. Wardle

Brigham Young University Education and Law Journal

One of the most contentious issues to arise in public policy debates concerning the legalization of same-sex marriage is whether legalizing same-sex marriage has a significant detrimental impact on education, particularly public education. However, legal scholarly and professional consideration of this issue is scarce and one sided. This article reviews the evidence that legalizing same-sex marriage has had a serious, profoundly controversial, and arguably detrimental impact on public education. It then explains why legalization of same-sex marriage must have some impact on educational curriculum. When the meaning of marriage changes it must be reflected in the curriculum that covers that …

Same-Sex Marriage And The Public School Curriculum: Can Parents Opt Their Children Out Of Curricular Discussions About Sexual Orientation And Same-Sex Marriage?, Kevin Rogers, Richard Fossey

Brigham Young University Education and Law Journal

No abstract provided.

Underneath The Radar: The Impact Of Same-Sex Sexuality And Secularism On Education In South Africa, Marius H. Smit

Brigham Young University Education and Law Journal

No abstract provided.

Studying The Massachusetts Goodridge Decision On Same-Sex Marriage As An Antidote To Mutual Misunderstanding And A Lesson In Civics And Law, David Schimmel

Brigham Young University Education and Law Journal

No abstract provided.

Examining Context In The Conflict Over Same-Sex Marriage And Education: The Relevance Of Substance, Process And The People Involved, Richard Peterson

Brigham Young University Education and Law Journal

No abstract provided.

Same-Sex Marriage And Education: Implications For Schools, Students, And Parents, E. Vance Randall

Brigham Young University Education and Law Journal

No abstract provided.

Same-Sex Marriage, Education, And Parental Rights, Richard S. Myers

Brigham Young University Education and Law Journal

No abstract provided.

The Defense Of Marriage Act And Uncategorical Federalism, David B. Cruz

William & Mary Bill of Rights Journal

This Essay addresses federalism objections to section 3 of the Defense of Marriage Act (DOMA). Ordinarily, the federal government accepts states’ determinations of what couples are validly married. Section 3 of DOMA, however, fashions a broad exception for same-sex couples, who are definitionally deemed not to be in “marriages.” In addition to equal protection and full faith and credit challenges to DOMA, litigants have made constitutional federalism arguments. In Massachusetts v. United
States Department of Health and Human Services, the federal trial court accepted one such argument, though in a form that might be read to categorically deny the federal …

The Last Rights: Controversial Ne Exeat Clause Grants Custodial Power Under Abbott V. Abbott, Danielle L. Brewer

Mercer Law Review

The weight to be assigned to the laws and practices of foreign legal systems in the analysis of international agreements and domestic statutory disputes has long been a topic of debate in the legislative, executive, and judicial branches of the United States government. On one side of the argument, traditional scholars contend that, as a sovereign, the United States should make decisions based solely on the best interests of its citizens, regardless of the detriment imposed on the international community by such practices. Conversely, as a modern approach, the cosmopolitan view of international systems' depicts the United States as just …

Lochner, Lawrence, And Liberty, Joseph F. Morrissey

Georgia State University Law Review

Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation.

Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that such acts violate constitutional guarantees of equal protection or invade a constitutional right to privacy. However, such arguments are often defeated by counter arguments presented with religious, moral, and even emotional fervor.

This article presents and defends a new analytical framework based on liberty of contract to advance gay rights. …

Is Law And Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Language And The Law, Yadira Calvo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Gender And The Law: Mexican Legislation On Domestic Violence, Marta Torres Falcon

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Women's Human Rights In The Framework Of Argentine Domestic Law: Treatment Since The Return To Democracy, Maria Teresa Flores

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Parental Rights And The Best Interests Of The Child: Implications Of The Adoption And Safe Families Act Of 1997 On Domestic Violence Victims' Rights, Rachel Venier

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Caretakers, Entitlement, And Diversity , Twila L. Perry

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff

American University Journal of Gender, Social Policy & the Law

No abstract provided.