Canon 1095 And The Dignitas Connubii: The Role Of Consent, Incapacity, And Psychic Anomalies In Cases Of Matrimonial Nullity,
2014
St. Mary's University School of Law
Canon 1095 And The Dignitas Connubii: The Role Of Consent, Incapacity, And Psychic Anomalies In Cases Of Matrimonial Nullity, Roberto Rosas
Faculty Articles
This Article will focus on the following points: (1) the essential elements of marriage; (2) the basic principle of matrimonial consent; (3) the nature of consent; (4) acts through which consent is formed; (5) matrimonial nullity in Canon Law; (6) Canon Law and the Dignitas Connubil (Dignitas); and (7) recent jurisprudence concerning matrimonial nullity. It aims to shed light and clarify paragraphs 2 and 3 of Canon 1095 of the Code by making clear how the causes of defect of discretion of judgment and the inability to assume the essential obligations due to some sort of psychic disorder or anomaly …
Conferring Dignity: The Metamorphosis Of The Legal Homosexual,
2014
Elisabeth Haub School of Law at Pace University
Conferring Dignity: The Metamorphosis Of The Legal Homosexual, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
The legal homosexual has undergone a dramatic transformation over the past three decades, culminating in United States v. Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA). In 1986, the homosexual was a sexual outlaw beyond the protection of the Constitution. By 2013, the homosexual had become part of a married couple that is “deemed by the State worthy of dignity.” This Article tells the story of this metamorphosis in four phases. In the first, the “Homosexual Sodomite Phase,” the United States Supreme Court famously declared in Bowers v. Hardwick that there was no right to …
Introduction: Invited Essays On The Implications Of Windsor And Perry,
2014
Maurer School of Law: Indiana University
Introduction: Invited Essays On The Implications Of Windsor And Perry
Indiana Law Journal
No abstract provided.
Adoption And The Limits Of Contract In Victorian Adoption Case Law And George Eliot's Silas Marner,
2014
Wayne State University
Adoption And The Limits Of Contract In Victorian Adoption Case Law And George Eliot's Silas Marner, Sarah Abramowicz
Law Faculty Research Publications
No abstract provided.
Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence,
2014
Maurice A. Deane School of Law at Hofstra University
Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt
Hofstra Law Review
The article discusses equal protection jurisprudence in America in relation to the U.S. Supreme Court's (USSC's) ruling in the 2013 marriage equality case United States v. Windsor. The views of USSC Justice Anthony Kennedy are mentioned, along with an unconstitutional animus legal doctrine and a heightened rational basis standard of review. The U.S. Constitution's Equal Protection Clause is addressed in relation to the nation's discrimination laws.
Do Tell! The Rights Of Donor-Conceived Offspring,
2014
George Washington University Law School
Do Tell! The Rights Of Donor-Conceived Offspring, Naomi Cahn
Hofstra Law Review
The article discusses the legal rights of donor-conceived children in America, and it mentions U.S. constitutional rights, the laws associated with donor conception in the country, and the concept of double disclosure. Parental rights and children's interests are mentioned, along with respect for familial autonomy and various aspects of U.S. family and health laws. Sperm and egg (ovum) donations are examined, along with the nation's fertility industry and assisted reproductive technology.
Two Direct Rights Of Action In Child Support Enforcement,
2014
The Catholic University of America, Columbus School of Law
Two Direct Rights Of Action In Child Support Enforcement, Margaret Ryznar
Catholic University Law Review
No abstract provided.
Further Standing Lessons,
2014
University of Alabama School of Law
Further Standing Lessons, Heather Elliott
Indiana Law Journal
Professor Elliott wrote a piece for the Indiana Law Journal in 2012 (available here). In this article, she updates her analysis and explores the implications of both the health-care and marriage equality cases on the Court’s standing doctrine.
Windsor, Shelby County, And The Demise Of Originalism: A Personal Account,
2014
Indiana University Maurer School of Law
Windsor, Shelby County, And The Demise Of Originalism: A Personal Account, Dawn E. Johnsen
Indiana Law Journal
Essays on the Implication of Windsor and Perry
Evolving Values, Animus, And Same-Sex Marriage,
2014
Indiana University Maurer School of Law
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Indiana Law Journal
In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …
Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases,
2014
Indiana University Maurer School of Law - Bloomington
Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases, Ryan W. Scott
Indiana Law Journal
Essays on the Implications of Windsor and Perry
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom,
2014
Indiana University Maurer School of Law
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders
Indiana Law Journal
Essays on the Implications of Windsor and Perry
The Origin Of Parental Rights: Labor, Intent, And Fathers,
2014
Penn State Law
The Origin Of Parental Rights: Labor, Intent, And Fathers, Dara Purvis
Faculty Scholarship
Most theories of parentage fail to explain the genesis of the right to parent - for example, why does a biological relationship generate parental rights? This Article shows that the law of parental rights mirrors theories of acquiring property, and that the law has shifted over time, from favoring a property right based in genetics to a Lockean theory of property rights earned through labor. The growth of Lockean labor-based theories is epitomized in reforms to parentage laws that incorporate functional theories of parenting, meaning that adults who perform caretaking work that creates a significant relationship with children are recognized …
Contractualizing Custody,
2014
Wayne State University
Contractualizing Custody, Sarah Abramowicz
Law Faculty Research Publications
Many scholars otherwise in favor of the enforcement of family contracts agree that parent-child relationships should continue to prove the exception to any contractualized family law regime. This Article instead questions the continued refusal to enforce contracts concerning parental rights to children’s custody. It argues that the refusal to enforce such contracts contributes to a differential treatment of two types of families: those deemed “intact”—typically consisting of two married parents and their offspring—and those deemed non-intact. Intact families are granted a degree of freedom from government intervention, provided that there is no evidence that children are in any danger of …
Leveling Up After Doma,
2014
Indiana University Maurer School of Law
Leveling Up After Doma, Deborah A. Widiss
Indiana Law Journal
Essays on the Implication of Windsor and Perry
The Case For Mandatory Training On Screening For Domestic Violence In The Wake Of The Affordable Care Act,
2014
Florida State University College of Law
The Case For Mandatory Training On Screening For Domestic Violence In The Wake Of The Affordable Care Act, Nat Stern, Karen Oehme
Scholarly Publications
No abstract provided.
Abolish Anonymous Reporting To Child Abuse Hotlines,
2014
University of Richmond
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Law Faculty Publications
Part I of this Article traces the history of child abuse reporting hotlines. Part II describes the current law and practice behind child abuse reporting hotlines. Part III examines why anonymous reporting by the public is unnecessary and highly susceptible to abuse. Part IV analyzes the constitutional rights at stake in anonymous reporting, citing federal case law that contradicts current practice. Part V concludes with a proposal to abolish anonymous reporting and require all public reporting hotlines to adhere to published, written policies.
Comments: What's Yours Is Ours? Gamete Donation In The Marital Context: Why Courts And Legislatures Should Not Interfere With An Individual's Fundamental Right To Privacy,
2014
University of Baltimore School of Law
Comments: What's Yours Is Ours? Gamete Donation In The Marital Context: Why Courts And Legislatures Should Not Interfere With An Individual's Fundamental Right To Privacy, Emily K. Alt
University of Baltimore Law Review
No abstract provided.
From Third Parties To Parents: The Case Of Lesbian Couples And Their Children,
2014
American University Washington College of Law
From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Contractualization Of Family Law In The United States,
2014
American University Washington College of Law
The Contractualization Of Family Law In The United States, Fernanda Nicola, Adrienne Hunter Jules
Scholarly Articles in Law Reviews & Journals
No abstract provided.
