Redrawing The Boundaries Of Relational Crime,
2017
Brooklyn Law School
Redrawing The Boundaries Of Relational Crime, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Are You Wo(Man) Enough To Get Married?,
2016
Faculty of Law Universitas Indonesia, Indonesia
Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan
Indonesia Law Review
The Indonesian Marriage Law states that marriage is a physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that marriages in Indonesia must be between heterosexual couples. However, a question appears as to whether a man or a woman mentioned thereof includes a man and a woman who were hermaphrodite, intersex, or nowadays known as a person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage was cancelled by the Supreme Court in 2014 for …
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine,
2016
William & Mary Law School
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
William & Mary Bill of Rights Journal
No abstract provided.
A Further Step Toward Protection Of Migration Family Rights,
2016
St. John's University School of Law
A Further Step Toward Protection Of Migration Family Rights, Dr. T. Stark
The Catholic Lawyer
No abstract provided.
The Development Of The Wife's Cause Of Action For Loss Of Consortium,
2016
St. John's University School of Law
The Development Of The Wife's Cause Of Action For Loss Of Consortium
The Catholic Lawyer
No abstract provided.
Child Abuse: Another Attempt At Solving The Problem,
2016
St. John's University School of Law
Child Abuse: Another Attempt At Solving The Problem
The Catholic Lawyer
No abstract provided.
Divorce Law Reform In New York,
2016
St. John's University School of Law
Divorce Law Reform In New York, Earl Phillips
The Catholic Lawyer
No abstract provided.
The Dna Default And Its Discontents: Establishing Modern Parenthood,
2016
Chicago-Kent College of Law
The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine Baker
All Faculty Scholarship
Most contemporary family law scholarship assumes that propriety of a DNA default for establishing parenthood - a presumption that, in the absence of marriage, whoever had the sex with the mother that resulted in the child should be the father of the child. This article problematizes that DNA default. It demonstrates how the DNA default necessarily magnifies the legal and social importance of sex, discounts the legal significance of women's reproductive labor, and marginalizes all children living outside the binary, heteronormative norm that a genetic regime necessarily edifies. When scrutinized, the DNA default looks just as moralistic and exclusionary as …
Reproduction Reconceived,
2016
Florida State University College of Law
Reproduction Reconceived, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
Deported By Marriage: Americans Forced To Choose Between Love And Country,
2016
Brooklyn Law School
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Brooklyn Law Review
As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …
Domestic Relations,
2016
Mercer University School of Law
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Katherine C. Mcguire
Mercer Law Review
This Article addresses significant case law that arose in Georgia domestic relations law from June 1, 2015 to May 31, 2016.
A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century,
2016
Florant Law Group, LLC
A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Evolution Of Family Law: Changing The Rules Or Changing The Game,
2016
Brigham Young University Law School
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
Brigham Young University Journal of Public Law
No abstract provided.
Regulating Marriage In A New Environment,
2016
Brigham Young University Law School
Regulating Marriage In A New Environment, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case,
2016
Brigham Young University Law School
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
Brigham Young University Journal of Public Law
No abstract provided.
A Non-Contentious Account Of Article Iii's Domestic Relations Exception,
2016
Northwestern Pritzker School of Law
A Non-Contentious Account Of Article Iii's Domestic Relations Exception, James E. Pfander, Emily K. Damrau
Notre Dame Law Review
Scholars and jurists have long debated the origins and current scope of the so-called domestic relations exception to Article III. Rooted in the perception that certain family law matters lie beyond the power of the federal courts, the exception was first articulated in the nineteenth-century decisional law of the Supreme Court and has perplexed observers ever since. Scholarly debate continues, despite the Court’s twentieth-century decision to place the exception firmly on statutory grounds in an effort to limit its potentially disruptive force.
This Article offers a novel, historically grounded account of the domestic relations exception, connecting its origins to the …
The Development Of The Issue Of Same-Sex Couples Under Israeli Law,
2016
Brigham Young University Law School
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
Brigham Young University Journal of Public Law
No abstract provided.
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources,
2016
Brigham Young University Law School
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Brigham Young University Journal of Public Law
No abstract provided.
The Impact Of Obergefell: Traditional Marriage's New Lease On Life,
2016
Brigham Young University Law School
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
Brigham Young University Journal of Public Law
No abstract provided.
Nonmarriage,
2016
University of Maryland Francis King Carey School of Law
Nonmarriage, June Carbone, Naomi Cahn
Maryland Law Review
Now that the Supreme Court has reshaped the laws of marriage, attention is shifting to nonmarriage. The law no longer treats intimate couples who do not marry as either deviant or deprived. Yet, rather than regulate nonmarriage in a systematic way, the law applies two inconsistent doctrines to govern these relationships. This Article is the first to explore the fundamental contradiction in the legal approach to unmarried partners. While the laws governing financial obligations between unmarried couples are moving toward a deregulatory model that radically differs from the status-based regulation of marriage, the laws of custody and support insist on …
