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All Articles in Family Law

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7,956 full-text articles. Page 190 of 201.

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 …


A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey 2011 University of Colorado Law School

A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey

Publications

This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …


Unequal Equality For Lesbian Mom, Arthur S. Leonard 2011 New York Law School

Unequal Equality For Lesbian Mom, Arthur S. Leonard

Other Publications

No abstract provided.


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, …


From Coverture To Contract: Engendering Insurance On Lives, Mary L. Heen 2011 University of Richmond

From Coverture To Contract: Engendering Insurance On Lives, Mary L. Heen

Law Faculty Publications

In the 1840s, state legislatures began modifying the law of marital status to ease the economic distress of widows and children at the family breadwinner's death. Insurance-related exceptions to the common law doctrine of "marital unity" under coverture permitted married women to enter into insurance contracts and protected life insurance proceeds from their husbands' creditors. These early insurance-related statutory exceptions to coverture introduced an important theoretical question that persisted for the rest of the nineteenth century-and into the next-as broader legal and social reforms took hold. How could equality of contract for married women be reconciled with the traditional dependencies …


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: Belgium, Frederik Swennen, Yves-Henri Leleu 2011 American University Washington College of Law

National Report: Belgium, Frederik Swennen, Yves-Henri Leleu

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.


Consumer Direction In Medicaid Long Term Care: Autonomy, Commodification Of Family Labor, And Community Resilience, Daniela Kraiem 2011 American University Washington College of Law

Consumer Direction In Medicaid Long Term Care: Autonomy, Commodification Of Family Labor, And Community Resilience, Daniela Kraiem

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 …


State Power, Religion, And Women's Rights: A Comparative Analysis Of Family Law, Mala Htun, S. Laurel Weldon 2011 New School for Social Research

State Power, Religion, And Women's Rights: A Comparative Analysis Of Family Law, Mala Htun, S. Laurel Weldon

Indiana Journal of Global Legal Studies

Examining cross-national variation in family law, we find that many countries have reformed to promote sex equality. Yet a significant group retains older laws that discriminate against women. These variations reflect the diverse institutional legacies of these societies, conforming closely-but not entirely-to inherited legal traditions: civil law, common law, and postsocialist countries are the most egalitarian, while countries applying religious law are the least. Yet change is possible, even in unlikely contexts. Political conjunctures that disarm religious, nationalist, and fundamentalist opponents can open windows of opportunity for liberalizing reform.

Human Rights and Legal Systems Across the Global South, Symposium, Indiana …


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