Family Law Commons^™

The Evolution-Or End-Of Marriage?: Reflections On The Impasse Over Same-Sex Marriage, Linda C. Mcclain

Faculty Scholarship

The debate over legalization of same-sex marriage implicates the question of whether doing so would signal the end - or destruction - of the institution of marriage, or instead would be an appropriate evolution of marriage laws that is in keeping with the ends of marriage and with relevant public values. This essay comments on an earlier published debate on that question: Special Issue: The Evolution of Marriage, 44 Family Court Review 33-105 (2006). The essay contends that the appeal to preserving a millennia-old tradition of marriage against destruction fails to reckon with the evolution of the institution of civil …

Factors That Influence Domestic Violence Convictions In "No Drop Policy" Trials, Kim D. Akinyanju

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate the factors that significantly influence conviction rates in domestic violence no drop policy trials. Literature heavily supports the position that factors.-such as physical evidence, police officer testimony, and cooperative victim testimony can help prosecutors increase conviction rates. This research utilizes data collected by Smith et al. (2001) on domestic violence trials in four cities that have implemented the no drop policy. Analyses revealed that various types of physical evidence do not significantly influence convictions in no drop policy trials. Cooperative victim testimony, however, does significantly influence conviction rates and in addition significantly …

Multi-Tiered Marriage: Ideas And Influences From New York And Louisiana To The International Community, Joel A. Nichols

ExpressO

This Article contends that American society needs to hold a genuine discussion about alternatives to current conceptions of marriage and family law jurisdiction. Specifically, the Article suggests that the civil government should consider ceding some of its jurisdictional authority over marriage and divorce law to religious communities that are competent and capable of adjudicating the marital rites and rights of their respective adherents. There is historical precedent and preliminary movement toward this end -- both within and without the United States -- which might serve as the framework for further discussions.

Within the United States, the relatively new covenant marriage …

Legal Archaeology And Feminist Legal Theory: A Case Study Of A Violation Of A Protective Order , Debora L. Threedy

ExpressO

This article explores the intersection between the field of legal archaeology and feminist legal theory through the medium of a case study of the prosecution of the violation of a protective order.

Both legal archaeology and feminist theory employ “bottom up,” or grounded, theorizing; that is, they begin with specific context and move from there to generalization or abstraction, rather than the other way around. And both operate from a critical perspective that consciously challenges what we think we know about how law operates. For example, both are interested in exploring how systemic vulnerabilities, such as conscious or unconscious gender …

In The Best Interest Of The Child, Ellen L. Buckwalter

ExpressO

Each year more than 200,000 children in the United States are abducted by family members. When a child is abducted across international borders, the difficulties are compounded. Since the late 1970s, The Department of State’s Office of Children’s Issues has been contacted in approximately 16,000 cases involving children who were either abducted from the United States or prevented from returning to the U.S. by one of their parents.

The Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) adopted on October 24, 1980, reflects a worldwide concern about the harmful effects that parental kidnapping has on children …

Principles Of U.S. Family Law, Vivian E. Hamilton

ExpressO

What explains U.S. family law? To answer this question, this Article 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 demonstrates that these rules reflect or embody four important concepts – conjugality, privacy (familial as well as individual), contract, and parens patriae. Finally, it shows that the concepts of family law in turn …

Contracting Out Of The Culture Wars: How The Law Should Enforce And Communities Of Faith Should Encourage More Enduring Marital Commitments, Jamie A. Aycock

ExpressO

This article attempts to transcend the “culture wars” as they are played out in the family law arena by drawing on postmodern values, such as individualism and neutrality, to allow individuals who so desire to choose to emphasize more traditional or communitarian values, such as interdependence and attachment. This article argues, then, as others have, that the role of contract in marriage should be extended for those who choose to agree to additional terms. Here, the argument goes a step further, however, by positing an active, positive role for communities of faith to play in a marriage regime of expanded …

The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh Goodmark

ExpressO

The article explores the prevailing theories justifying criminal punishment in the United States through the lens of the case of Dixie Shanahan, an Iowa woman who was sentenced to fifty years imprisonment for killing her abusive spouse after nineteen years of battering. The article begins with a detailed examination of the life of Dixie Shanahan and places her within the context of the literature on battered women who kill. The piece then looks at both retributivist and utilitarian justifications for punishment and concludes that only a retributivist rationale justifies the punishment of Ms. Shanahan and other battered women who kill, …

Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.

"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

Brigham Young University Journal of Public Law

No abstract provided.

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

Brigham Young University Journal of Public Law

No abstract provided.

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

Brigham Young University Journal of Public Law

No abstract provided.

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

Brigham Young University Journal of Public Law

No abstract provided.

Women, Equality, And The Federal Marriage Amendment, Comille S. Williams

Brigham Young University Journal of Public Law

No abstract provided.

Why The Politics Of Marriage Matter: Evaluating Legal And Strategic Approaches On Both Sides Of The Debate On Same-Sex Marriages, Kenneth K. Hsu

Brigham Young University Journal of Public Law

No abstract provided.

Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne

University of Richmond Law Review

No abstract provided.

Representing Children In Families--Foreword , Bruce A. Green, Annette R. Appell

Nevada Law Journal

No abstract provided.

Report Of The Working Group On Representing The Whole Child, Working Group On The Representing The Whole Child

Nevada Law Journal

No abstract provided.

Representing Children In Families , Susan L. Brooks

Nevada Law Journal

No abstract provided.

It Takes A Lawyer To Raise A Child?: Allocating Responsibilities Among Parents, Children, And Lawyers In Delinquency Cases, Kristin Henning

Nevada Law Journal

No abstract provided.

Report Of The Working Group On The Lessons Of International Law, Norms, And Practice, Working Group On The Lessons Of International Law, Norms, And Practice

Nevada Law Journal

No abstract provided.

Report Of The Working Group On The Best Interests Of The Child And The Role Of The Attorney, Working Group On The Best Interests Of The Child And The Role Of The Attorney

Nevada Law Journal

No abstract provided.

Report Of The Working Group On The Role Of Race, Ethnicity, And Class, Working Group On The Role Of Race, Ethnicity, And Class

Nevada Law Journal

No abstract provided.

Developmentally-Sound Practice In Family And Juvenile Court, Marty Beyer

Nevada Law Journal

No abstract provided.

Recognizing The Expertise Of Children And Families, Ann M. Haralmbie

Nevada Law Journal

No abstract provided.

Evaluating The Impact Of Intervention On Families, Catherine E. Krebs

Nevada Law Journal

No abstract provided.