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Articles 1 - 30 of 39
Full-Text Articles in Social and Behavioral Sciences
The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong
The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong
Student Research
In 2020, almost one in five Nevadans was over the age of 65.[1] However, within this age group, women outnumber men due to longer life expectancies[2] and migration patterns. Women over 65 years of age make up an estimated 18.1% of the female population in Nevada.[3] Of the male population in Nevada, 15.1% are over 65 years of age.[4] Older women are less likely to be married, are less likely to have completed a bachelor’s degree, are more likely to drop out of the labor force, and are more likely to be living in poverty in …
Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury
Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury
Scholarship@WashULaw
This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …
Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti
Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti
Articles
Before there was a culture war in the United States over same-sex marriage, there was a battle between opponents and proponents of same-sex marriage within the LGBTQ+ community. Some opposed same-sex marriage because of the long patriarchal history of marriage and the more consequential need to bridge the economic and privilege gap between the married and the unmarried. Others, in contrast, saw marriage as a civil rights issue and lauded the transformative potential of same-sex marriage, contending that it could upset the patriarchal nature of marriage and help to refashion marriage into something new and better.
This Article looks back …
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Papers, Posters, and Presentations
In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.
Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …
Will Marriage Promotion Work?, Vivian E. Hamilton
Will Marriage Promotion Work?, Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
Beyond Suffrage: Intermarriage, Land, And Meanings Of Citizenship And Marital Naturalization/Expatriation In The United States, Shiori Yamamoto
Beyond Suffrage: Intermarriage, Land, And Meanings Of Citizenship And Marital Naturalization/Expatriation In The United States, Shiori Yamamoto
UNLV Theses, Dissertations, Professional Papers, and Capstones
This dissertation investigates how the laws of marital naturalization/expatriation, namely the Citizenship Act of 1855, the Expatriation Act of 1907, and the Cable Act of 1922 and its amendments throughout the 1930s, impacted the lives of women who married foreigners, especially in the American West, and demonstrates how women directly and indirectly challenged the practice of marital naturalization/expatriation. Those laws demanded women who married foreigners take the nationality of their husbands depending on the race of women and their husbands, making married women’s citizenship dependent on that of their husbands. Particularly under the Expatriation Act of 1907, all American women …
Januka, Januka, Tsos
Januka, Januka, Tsos
TSOS Interview Gallery
After being raped by a soldier in Myanmar, Januka fled to Bangladesh with her father and later found out she was pregnant. She fears no one will want to marry her because she has been raped.
Rohima, Rohima, Tsos
Rohima, Rohima, Tsos
TSOS Interview Gallery
Rohima was brutally raped and tortured by soldiers during an attack. After witnessing other women receive the same treatment, she fled Myanmar for Cox’s Bazar, Bangladesh. Once there, she got married while pregnant as a result of the rape.
The Things We Carry, Sheri Clark
The Things We Carry, Sheri Clark
Mighty Pen Project Anthology & Archive
A soldier’s wife describes the burdens of silence and heartache.
Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.
Introduction: For Better Or For Worse? Relational Landscapes In The Time Of Same-Sex Marriage, Michael W. Yarbrough
Introduction: For Better Or For Worse? Relational Landscapes In The Time Of Same-Sex Marriage, Michael W. Yarbrough
Publications and Research
As same-sex marriage has become a legal reality in a rapidly growing list of countries, the time has come to assess what this means for families and relationships on the ground. Many scholars have already begun to examine how marriage is helping some same-sex couples, but in this introduction I call for a broader and more critical research agenda. In particular, I argue that same-sex marriage crystallizes a key tension surrounding families and relationships in many contemporary societies. On the one hand, strict family norms are relaxing in many places, allowing more people to form more diverse types of caring …
Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough
Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough
Publications and Research
This article examines the persistent authority of the customary practice for forming recognized marriages in many South African communities, centered on bridewealth and called “lobola.” Marriage rates have sharply fallen in South Africa, and many South Africans blame this on the difficulty of completing lobola amid intense economic strife. Using in-depth qualitative research from a village in KwaZulu-Natal, where lobola demands are the country’s highest and marriage rates its lowest, I argue that lobola’s authority survives because lay actors, and especially women, have innovated new repertoires of lobola behavior that allow them to pursue emerging needs and desires for marriage …
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski
Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski
Anthropology
Marital estrangement and formal divorce are vital conjunctures for married women’s kinship relations and life course, where a horizon of future possibilities are revalued and negotiated at the interstices of custom, law, and social and ritual obligations. In this article, after delineating the forms of customary and civil marriage and the possibilities for divorce or estrangement from each, I describe how some married women in Swaziland and South Africa mediate this complex social field for their children and families through pensions and continuing to pay for their partners’ insurance coverage. This was not solely out of avarice to reap future …
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
Publications and Research
Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …
Crimes In The Name Of Honour By Prof. Vibhuti Patel, Professor Vibhuti Patel
Crimes In The Name Of Honour By Prof. Vibhuti Patel, Professor Vibhuti Patel
Professor Vibhuti Patel
Crimes in the Name‘Honour’ Marriage and Spousal Selection: Choices beyond Caste, Endogamy and Religion by Vibhuti Patel Director, Centre for Study of Social Exclusion & Inclusive Policy, Professor and Head, Department of Economics, SNDT Women’s University, Mumbai-400020 Email: vibhuti.np@gmail.com Mobile-9321040048 Summary Crimes in the name of ‘honour’ are on a rise in our country. Both rural as well as urban areas are gripped with instances of horrific crimes where young citizens of our country are being killed for exercising their democratic right of choosing their life partners. The democratic minded people of our country are both shocked and distressed by …
The Trouble With Inclusion, Yuvraj Joshi
The Trouble With Inclusion, Yuvraj Joshi
Yuvraj Joshi
Attempts are being made to include members of excluded groups in societal institutions. Inclusion has been proposed as the solution to the injustice caused by exclusion. Yet, inclusion does not always achieve justice and might sometimes perpetuate injustice. This Article provides a framework for understanding inclusion that may fail to achieve social justice and uses this framework to assess the inclusion of lesbians and gays within marriage (marriage equality) and of women and minorities within organizations (organizational diversity). The former case study examines the legal and social movement for recognizing same-sex marriage while the latter engages a range of contemporary …
Marriage And Family Law : Court Centered Legal Development, 1942-2012, Natalie Priya Johnson
Marriage And Family Law : Court Centered Legal Development, 1942-2012, Natalie Priya Johnson
Legacy Theses & Dissertations (2009 - 2024)
The goal of this dissertation was to explore the internal problem solving nature of state courts and thus produce a narrative about court-created legal development. By examining four policy areas related to marriage: divorce/annulment, alimony, adoption/custody and loss of consortium, I show the courts turn to performance as a way to adjudicate questions from individuals and couples operating at the margins of marriage, couples who do not live to the marriage ideal or more broadly the breakdown in the marriage ideal. Through an analysis of four unique policy areas I offer conclusions in this dissertation as to why performance matters …
Intimacy And Inequality: The Changing Contours Of Family Life, Richard R. Banks
Intimacy And Inequality: The Changing Contours Of Family Life, Richard R. Banks
Indiana Journal of Law and Social Equality
No abstract provided.
United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young
United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young
Faculty Scholarship
The Supreme Court’s recent decision in United States v. Windsor is best understood from a Legal Process perspective. Windsor struck down Section 3 of the federal Defense of Marriage Act (“DOMA”), which defined marriage as exclusively between a man and a woman for purposes of federal law. Much early commentary, including Professor Neomi Rao’s essay in these pages, has found Justice Kennedy’s opinion for the Court to be “muddled” and unclear as to its actual rationale. But the trouble with Windsor is not that the opinion is muddled or vague; the rationale is actually quite evident on the face of …
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
Nicholas Benedict Arntsen
Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …
Marriage Fraud, Kerry Abrams
Marriage Fraud, Kerry Abrams
Faculty Scholarship
This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were voidable solely at the option of the injured party. The Article then explains how, in the twentieth century, a massive expansion of public benefits tied to marriage prompted new marriage fraud doctrines to develop in various areas of the law, shifting the concept of the injured party from the defrauded spouse to the public at large. It proposes a framework …
Of Wife And The Domestic Servant In The Arab World, Lama Abu-Odeh
Of Wife And The Domestic Servant In The Arab World, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
The author asserts to avoid common misunderstandings on the relevance of Sharia to modern women in the Arab World that a) Shari’s relevance to the lives of modern women in the Arab World has been largely confined to the area of family law, b) in the modern nation state Sharia has been codified, i.e., certain rules derived from Islamic jurisprudence on the family have been selected and passed as laws, each nation state having its own unique combination of such rules, c) the courts and the judges who adjudicate disputes on family law are either secular courts/judges, or judges trained …
Reviewing Racism And The Right To Marry: An Analysis Of Loving V. Virginia, Kathryn L. Jordan
Reviewing Racism And The Right To Marry: An Analysis Of Loving V. Virginia, Kathryn L. Jordan
Senior Honors Theses
Prior to the 1967 United States Supreme Court case of Loving v. Virginia, many states had laws that banned the intermarriage of whites with black or other minorities. Since then, the number of interracial marriages has increased and the attitudes of society have shifted. This thesis uses Loving as basis to explore the ways in which societal views have changed since the overruling of the anti-miscegenation statutes. It first discusses the culture in America before Loving and then, explains the details of the Loving case. This is then followed by a synopsis of how the culture changed after Loving. After …
The External Effects Of Black-Male Incarceration On Black Females, Stéphane Mechoulan
The External Effects Of Black-Male Incarceration On Black Females, Stéphane Mechoulan
Stéphane Mechoulan
This paper examines how the increase in the incarceration of Black men and the sex ratio imbalance it induces shape the behavior of young Black women. Combining data from the Bureau of Justice Statistics and the Current Population Survey to match male incarceration rates with individual observations over two decades, I show that Black male incarceration lowers the odds of Black non-marital teenage fertility while increasing young Black women's school attainment and early employment. These results can account for the sharp bridging of the racial gap over the 1990s for a range of socio-economic outcomes among females.
Why Same-Sex Marriage Will Not Repeat The Errors Of No-Fault Divorce, Austin R. Caster
Why Same-Sex Marriage Will Not Repeat The Errors Of No-Fault Divorce, Austin R. Caster
Austin R Caster
Because so many negative ramifications resulted from changing marriage laws through no-fault divorce legislation, it is understandable that those who rightfully feared no-fault divorce would also fear any additional changes to the definition of marriage. Those fears are unfounded as applied to same-sex marriage legislation, however, because the same consequences resulting from no-fault divorce do not apply to same-sex marriage. Whereas changing marriage exit rights through laws such as no-fault divorce legislation resulted in an increased divorced rate throughout the world, the opposite has happened in countries that have allowed same-sex marriage laws by changing marriage entrance rights. Society has …
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.
Doma And The Happy Family: A Lesson In Irony, Rhonda Wasserman
Doma And The Happy Family: A Lesson In Irony, Rhonda Wasserman
Articles
In enacting the Defense of Marriage Act, Congress chose to protect heterosexual marriage because of its “deep and abiding interest in encouraging responsible procreation and child-rearing. Simply put, government has an interest in marriage because it has an interest in children.” Ironically, DOMA may harm, rather than protect, the interests of some children – i.e., the children of gay and lesbian couples.
Both state and federal law reflect the belief that children are better off being raised by two parents in an intact family. This belief is reflected in the marital presumption of paternity, which presumes that a married woman’s …
Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Nan Palmer, Charlene L. Smith
Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Nan Palmer, Charlene L. Smith
Faculty Scholarship
In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship families protection and benefits, 5) the use of contract law in kinship relationships, and 6) using legislation to benefit kinship relationships.
This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal …
Report Of The Law Reform Committee On Ancillary Orders After Foreign Divorce Or Annulment, Aqbal Singh, Debbie Ong, Yock Lin Tan, Tiong Min Yeo
Report Of The Law Reform Committee On Ancillary Orders After Foreign Divorce Or Annulment, Aqbal Singh, Debbie Ong, Yock Lin Tan, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
A matrimonial order of divorce, nullity or legal separation is often followed by ancillary orders relating to division of matrimonial property, custody of children and maintenance. Under Singapore law, many of the court’s powers in respect of these types of orders depend on the court having jurisdiction to pronounce on the status of the marriage. If an order made by a foreign court is recognised to have annulled or dissolved the marriage, then it is not possible for the Singapore court to assume jurisdiction in respect of the marriage; there is no marriage to speak of anymore. The legal consequence …
Engines Of Inequality: Class, Race, And Family Structure, Amy L. Wax
Engines Of Inequality: Class, Race, And Family Structure, Amy L. Wax
All Faculty Scholarship
The past 30 years have witnessed a dramatic divergence in family structure by social class, income, education, and race. This article reviews the data on these trends, explores their significance, and assesses social scientists’ recent attempts to explain them. The article concludes that society-wide changes in economic conditions or social expectations cannot account for these patterns. Rather, for reasons that are poorly understood, cultural disparities have emerged by class and race in attitudes and behaviors surrounding family, sexuality, and reproduction. These disparities will likely fuel social and economic inequality and contribute to disparities in children’s life prospects for decades to …