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Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez 2011 American University Washington College of Law

Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez

Scholarly Articles in Law Reviews & Journals

This paper briefly explains the situation of same sex couples in countries that have opened marriage to individuals of the same sex, offers a summary and analysis of the status of same sex unions in several countries that have not opened marriage to same sex couples, and provides a comparative analysis of the most recurrent arguments used in the processes of recognition and denial of same sex unions in the countries reviewed.

Forty years ago, same sex couples were not legally accepted in any country. In the last thirty years, however, around 20% of the world has granted some rights …


The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer 2011 William & Mary Law School

The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer

Faculty Publications

No abstract provided.


Family Structure As A Social Context For Family Conflict: Unjust Strain And Serious Delinquency, Ryan Spohn, Don L. Kurtz 2011 University of Nebraska - Lincoln

Family Structure As A Social Context For Family Conflict: Unjust Strain And Serious Delinquency, Ryan Spohn, Don L. Kurtz

Center on Children, Families, and the Law: Faculty Publications

Two major themes in the delinquency literature are the roles of family structure and childhood victimization. Combining these two lines of research, the current project examines the unique contribution of family structure and victimization on the serious delinquency of a nationally representative sample of adolescents. In addition, we examine whether the form of families serves to condition the relationship between victimization and delinquency. Past research indicates that abuse is more likely to occur in two-parent families of a ‘‘mixed’’ form, specifically in the presence of a live-in boyfriend or stepfather. However, little is known regarding the impact of victimization on …


Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey 2011 University of Colorado Law School

Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey

Publications

This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo-American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed dismay …


The Principle Of Subsidiarity Applied: Reforming The Legal Framework To Capture The Psychological Abuse Of Children, Jessica Dixon Weaver 2011 Southern Methodist University, Dedman School of Law

The Principle Of Subsidiarity Applied: Reforming The Legal Framework To Capture The Psychological Abuse Of Children, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

Psychological abuse is the most prevalent type of child abuse. It lies at the core of child maltreatment because it is embedded in and interacts with physical and sexual abuse, as well as physical neglect. It also has a more extensive and destructive impact on the development of children than any other type of abuse. Yet, the current child protection system fails to adequately address the problem because the normative framework of the child protection system does not always include the psychological abuse of children. For the majority of states, the physical health, safety, and well-being of children are focal …


Hofstra’S Family Law With Skills Course: Implementing Fler (The Family Law Education Reform Project), Andrew Schepard, J. Herbie DiFonzo 2011 Maurice A. Deane School of Law at Hofstra University

Hofstra’S Family Law With Skills Course: Implementing Fler (The Family Law Education Reform Project), Andrew Schepard, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

The Family Law Education Reform Project (FLER ) Final Report documented that the current doctrinally oriented family law curriculum at most law schools does not adequately prepare students for modern family law practice. FLER recommended that law school courses move from the study of cases to the study of the legal system’s effect on families, and integrate the study of alternative dispute resolution and interdisciplinary knowledge. In response, Hofstra Law School has made a comprehensive attempt to implement FLER’s curricular recommendations. This article discusses one major innovation – the Family Law with Skills course. Family Law with Skills is the …


Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks 2011 University of Colorado Law School

Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks

Publications

This Article explores the legal implications of a scientific fantasy: building artificial wombs that could gestate a human child from conception to birth. Because claims about the technological possibility of artificial wombs in the foreseeable future are likely overstated, the focus of the Article is the effect that the fantasy of artificial gestation has on the legal discourse about pregnancy and reproduction today.

The Article first places the fantasy of artificial gestation in the context of theories about reproduction that western science has propounded. The history of scientific theorizing about reproduction is a history of scientists emphasizing the male contribution …


Resolving Interstate Conflicts Over Same-Sex Non-Marriage, Hillel Y. Levin 2011 University of Georgia School of Law

Resolving Interstate Conflicts Over Same-Sex Non-Marriage, Hillel Y. Levin

Scholarly Works

States have adopted several different regimes of recognition for same-sex couples. A few states allow same-sex couples to marry; several others offer marriage-like partnerships (usually called civil unions), which provide all or nearly all of the substantive rights and responsibilities associated with marriage; still others offer marriage-lite partnerships (sometimes called reciprocal benefits arrangements), which provide a small subset of the rights and responsibilities associated with marriage; and, of course, others offer no recognition at all.

What happens when these regimes of recognition collide? For example, what happens when a couple marries in Massachusetts and then moves to a marriage-like state, …


'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill 2011 University of Oklahoma College of Law

'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill

Oklahoma Law Review

No abstract provided.


Common Law Same-Sex Marriage, Peter Nicolas 2011 University of Washington School of Law

Common Law Same-Sex Marriage, Peter Nicolas

Articles

In this Essay, I demonstrate that, with the extension of the right to marry to same-sex couples in Iowa, the District of Columbia, and New Hampshire (all states that recognize common law marriage), there now exists the possibility that—for the first time in the United States—a same-sex couple may enter into a legally recognized common law marriage.

In the Essay, I first show, as a doctrinal matter, that same-sex couples have the right to enter into common law marriages in these three jurisdictions, and I explain and compare the criteria for entering into common law marriages in each of them. …


Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why “Same” Is So Different?, Macarena Saez 2011 American University Washington College of Law

Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why “Same” Is So Different?, Macarena Saez

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Canada, Marie-France Bureau 2011 American University Washington College of Law

National Report: Canada, Marie-France Bureau

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Introduction Comparative Family Law: What Is The Global Family? Family Law In Decolonization, Modernization And Globalization , Ann Shalleck 2011 American University Washington College of Law

Introduction Comparative Family Law: What Is The Global Family? Family Law In Decolonization, Modernization And Globalization , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Running In(To) The Family: 8 Short Stories About Sex Workers, Clients, Husbands, And Wives, Ummni Khan 2011 American University Washington College of Law

Running In(To) The Family: 8 Short Stories About Sex Workers, Clients, Husbands, And Wives, Ummni Khan

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Interacting Legal Orders And Child Marriages In India, Domenico Francavilla 2011 American University Washington College of Law

Interacting Legal Orders And Child Marriages In India, Domenico Francavilla

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Feminist Fumdamentalism As An Individual And Constitutional Commitment, Mary Anne Case 2011 American University Washington College of Law

Feminist Fumdamentalism As An Individual And Constitutional Commitment, Mary Anne Case

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Critical Family Law, Maria Rosaria Marella 2011 American University Washington College of Law

Critical Family Law, Maria Rosaria Marella

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Book Review: Legal Practice And Cultural Diversity, Pascale Fournier, Anna Dekker 2011 American University Washington College of Law

Book Review: Legal Practice And Cultural Diversity, Pascale Fournier, Anna Dekker

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Welfare Reform’S Inadequate Implementation Of The Family Violence Option: Exploring Dual Oppression Of Poor Domestic Violence Victims, Rachel J. Gallagher 2011 American University Washington College of Law

Welfare Reform’S Inadequate Implementation Of The Family Violence Option: Exploring Dual Oppression Of Poor Domestic Violence Victims, Rachel J. Gallagher

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury 2011 Florida International University

Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury

Faculty Publications

This article examines the global export of domestic U.S. legal projects and strategies in the realm of family law and gender justice to South Asia. While such projects have undoubtedly achieved substantial gains for women in the U.S., there have also been costs. At a remove of two decades, scholars have now begun to theorize those costs and argue that feminism needs to reconsider its commitments to particular projects that have been held central to women’s emancipation. Yet much of these critiques have not reached the transnational women’s movements that are led by U.S. feminist activists and scholars. Relying on …


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