“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?,
2013
Brigham Young University Law School
“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro
Brigham Young University Journal of Public Law
No abstract provided.
The Spanish Law On Same-Sex Marriage: Constitutional Arguments,
2013
Brigham Young University Law School
The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law,
2013
Brigham Young University Law School
Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
How The Battle To Redefine Marriage Affected Family Law In Argentina,
2013
Brigham Young University Law School
How The Battle To Redefine Marriage Affected Family Law In Argentina, Ursula C. Basset
Brigham Young University Journal of Public Law
No abstract provided.
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality,
2013
Brigham Young University Law School
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
Brigham Young University Journal of Public Law
No abstract provided.
The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues),
2013
Brigham Young University Law School
The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann
Brigham Young University Journal of Public Law
No abstract provided.
The Forgotten Founding Document: Considering The Ends Of The Law,
2013
Brigham Young University Law School
The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless
Brigham Young University Journal of Public Law
On the difficult moral issues confronting the judiciary today, a long overlooked bit of guidance is provided in the Declaration of Independence, natural law. This paper discusses the moral foundations of the Constitution and their relation to positive law, primarily addressing "same-sex marriage" in the context of Proposition 8 in California, but broadly applicable to other moral/legal conflicts such as abortion and the display of religious texts on public grounds, such as the Ten Commandments. It also challenges the judicial activism evident in many such cases as a judicial violation of the requirements of substantive due process.
To Prevent And To Protect: The Reporting Of Child Abuse By Educators,
2013
Brigham Young University Law School
To Prevent And To Protect: The Reporting Of Child Abuse By Educators, Jon M. Hogelin
Brigham Young University Education and Law Journal
No abstract provided.
Pulling Back The Curtains: Undetected Child Abuse And The Need For Increased Regulation Of Home Schools In Missouri,
2013
Brigham Young University Law School
Pulling Back The Curtains: Undetected Child Abuse And The Need For Increased Regulation Of Home Schools In Missouri, Tyler Barnett
Brigham Young University Education and Law Journal
No abstract provided.
Summary Of In The Matter Of Parental Rights As To A.G., 129 Nev. Adv. Op. 13,
2013
Nevada Law Journal
Summary Of In The Matter Of Parental Rights As To A.G., 129 Nev. Adv. Op. 13, David H. Rigdon
Nevada Supreme Court Summaries
An appeal from a district court order denying a petition for termination of parental rights.
Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern,
2013
William & Mary Law School
Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman
Popular Media
No abstract provided.
So You're Going To Represent A Juvenile!,
2013
Pepperdine University
So You're Going To Represent A Juvenile!, John R. Heilman
Pepperdine Law Review
No abstract provided.
The Changing American Family: Can The Courts Catch Up?,
2013
Pepperdine University
The Changing American Family: Can The Courts Catch Up?, George Thomas
Pepperdine Law Review
No abstract provided.
Where For Art Thou Danforth: Bellotti V. Baird ,
2013
Pepperdine University
Where For Art Thou Danforth: Bellotti V. Baird , David C. Boatwright
Pepperdine Law Review
The author's focus is upon a Supreme Court opinion dealing with the constitutional parameters of a minor's right to make an independent decision with respect to abortion. The majority, in an attempt to balance the often conflicting interests of the minor, the minor's parents, and the state, sets forth the minimum requirements with which parental consent statutes must comply. The author emphasizes the significance of the high court's plurality split regarding this issue, and cautions the practitioner as to the possibility of inconsistent rulings on such statutes in the future.
Half Faith And Credit?: The Fifth Circuit Upholds Louisiana's Refusal To Issue A Revised Birth Certificate,
2013
William & Mary Law School
Half Faith And Credit?: The Fifth Circuit Upholds Louisiana's Refusal To Issue A Revised Birth Certificate, Thomas M. Joraanstad
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Expatriate Domestic Relations Law In Mexican California ,
2013
Pepperdine University
Expatriate Domestic Relations Law In Mexican California , David J. Langum
Pepperdine Law Review
No abstract provided.
Joint Custody As A Parenting Alternative,
2013
Pepperdine University
Joint Custody As A Parenting Alternative, Billy G. Mills, Steven P. Belzer
Pepperdine Law Review
Joint custody of children has been a recently accepted alternative to the traditional child custody/visitation orders that usually follow dissolution proceedings. In 1980, California became one of the first states to provide, by statute, a presumption in favor of an award of joint custody to the parents. The authors present the legislative history of this joint custody statute and synthesize the various views that have been expressed on the subject of joint custody. Also presented is a discussion of the legislative intent behind the statute and whether the current law is the most effective means of protecting the best interests …
Illegitimate Harm: Law, Stigma, And Discrimination Against Nonmarital Children,
2013
Seton Hall University School of Law
Illegitimate Harm: Law, Stigma, And Discrimination Against Nonmarital Children, Solangel Maldonado
Florida Law Review
No one would dispute that for most of U.S. history, nonmarital children suffered significant legal and societal discrimination. Although many individuals believe that the legal disadvantages attached to “illegitimate” status have disappeared in the last forty years, this Article demonstrates that the law continues to discriminate against nonmarital children in a number of areas, including intestate succession, citizenship, and child support. Societal biases against nonmarital children also remain. A majority of Americans believe that the increase in nonmarital births is a significant societal problem and almost 50% believe that unmarried women should not have children. Some courts are aware of …
Mediating The Religious Upbringing Issue In Divorce Cases,
2013
Pepperdine University
Mediating The Religious Upbringing Issue In Divorce Cases, Katheryn M. Dutenhaver
Pepperdine Dispute Resolution Law Journal
The article presents information on the family dispute resolution based on divorce cases based on religion. The judicial orders in different jurisdictions related to custodial parent are considered. The difficulty facing the judges while deciding the remedies and the need of designing stand-alone dispute resolution system is discussed. The techniques utilized by the mediators in solving such disputes are also discussed.
How To Give The Dog A Home: Using Mediation To Solve Companion Animal Custody Disputes,
2013
Pepperdine University
How To Give The Dog A Home: Using Mediation To Solve Companion Animal Custody Disputes, Emily Franklin
Pepperdine Dispute Resolution Law Journal
The article presents information on the domestication of dogs with respect to the resolution of the custody disputes of the animals and the method of mediation for the solving the disputes of companion animals in the U.S. Companion animals are considered as the essential part of the family in the country. Information on the requirement of mediation with respect to the animal law and the family law of the U.S. is also presented.
