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The Law Of Nonmarriage, Albertina Antognini 2017 University of Kentucky College of Law

The Law Of Nonmarriage, Albertina Antognini

Law Faculty Scholarly Articles

The meaning of marriage, and how it regulates intimate relationships, has been at the forefront of recent scholarly and public debates. Yet despite the attention paid to marriage—especially in the wake of Obergefell v. Hodges—a record number of people are not marrying. Legal scholarship has mostly neglected how the law regulates these nonmarital relationships. This Article begins to fill the gap. It does so by examining how courts distribute property at the end of a relationship that was nonmarital at some point. This inquiry provides a descriptive account to a poorly understood and largely under-theorized area of the law. …


Popular Culture And Legal Pluralism: Narrative As Law. By Wendy A. Adams [Book Review], Dana Neacsu 2017 Duquesne University

Popular Culture And Legal Pluralism: Narrative As Law. By Wendy A. Adams [Book Review], Dana Neacsu

Law Faculty Publications

Wendy Adams’ book is published in Routledge's “Law, Justice, and Power” series, edited by Austin Sarat. Like Sarat, Adams, who teaches law at McGill University, belongs to the school of "cultural studies of law". Thus, her writing is refreshingly cosmopolitan and interdisciplinary. Her project is to build a “legal narrative,” which is a framework for popular culture as law, where illegal acts could easily become re-imagined in an alternative legality. She argues that “legal texts originating with the state may well be of less significance in creating legal meaning in our lives than the representations of law in popular culture.”


Alienation And Reconciliation In Social-Ecological Systems, Ann M. Eisenberg 2017 University of South Carolina - Columbia

Alienation And Reconciliation In Social-Ecological Systems, Ann M. Eisenberg

Faculty Publications

After rancher Ammon Bundy’s forceful occupation of the Malheur National Wildlife Refuge to protest federal “tyranny” in 2016, mainstream commentary dismissed Bundy and his supporters as crackpots. But the dismissal of the occupation as errant overlooked this event’s significance. This conflict: 1) involved a clash over scarce natural resources, of the type that will likely gain more frequency and intensity in the face of climate change; and 2) highlighted the popular idea that the federal government and federal environmental regulations are the enemy of the (white, rural, male) worker. This thread of antienvironmental, anti-federal alienation among many working people has …


Equitably Housing (Almost) Half A Nation Of Renters, Andrea J. Boyack 2017 Washburn University School of Law

Equitably Housing (Almost) Half A Nation Of Renters, Andrea J. Boyack

Buffalo Law Review

No abstract provided.


Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards

Scholarly Works

On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.

The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of non-parties—strangers …


A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences., Trevor Rosson 2017 St. Mary's University

A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences., Trevor Rosson

St. Mary's Law Journal

Abstract Forthcoming.


No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce., William Sumner Macdaniel 2017 St. Mary's University

No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce., William Sumner Macdaniel

St. Mary's Law Journal

Abstract Forthcoming.


Pipe(Line) Dreams Post-Denbury Green., Nicholas Laurent, Christopher Oddo 2017 St. Mary's University

Pipe(Line) Dreams Post-Denbury Green., Nicholas Laurent, Christopher Oddo

St. Mary's Law Journal

In Denbury Green Pipeline-Texas, LLC v. Texas Rice Land Partners, the Beaumont Court of Appeals articulated the test that should be applied when considering whether the condemnation of private property, which would result favorably for pipeline companies, should be allowed. In Denbury, the Beaumont Court of Appeals balanced the protection of private property rights against the need for true common carrier pipeline companies to condemn private property. The court held that in order to condemn private property, a substantial public interest must exist to justify such condemnation. The Texas Supreme Court, however, reversed the decision of the Beaumont Court of …


Tx Rice V. Denbury., Thomas Alan Zabel 2017 St. Mary's University

Tx Rice V. Denbury., Thomas Alan Zabel

St. Mary's Law Journal

Abstract Forthcoming.


Leaning In On Television, CORIE ROSEN FELDER 2017 Legal Writing Professor, University of Colorado, Boulder

Leaning In On Television, Corie Rosen Felder

NYLS Law Review

No abstract provided.


How The Constitution Become Christian, Jared Goldstein 2017 Roger Williams University School of Law

How The Constitution Become Christian, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


A Legal And Policy Analysis Of Driver's Licenses For Undocumented Rhode Islanders, Deborah Gonzalez, Peter Margulies 2017 Roger Williams University School of Law

A Legal And Policy Analysis Of Driver's Licenses For Undocumented Rhode Islanders, Deborah Gonzalez, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School of Law 2017 Roger Williams University

Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The Right To Bear Arms... And Lesson Plans, Ryan Saboff 2017 Florida A&M University College of Law

The Right To Bear Arms... And Lesson Plans, Ryan Saboff

Florida A & M University Law Review

This Article will argue that due to the unique characteristics of mass school shootings, including their swiftness, unpredictability, and at times advanced planning and preparation, that American society can no longer simply rely on law enforcement to effectively stop or even prevent future acts of mass violence from occurring on our schools. Rather, legally licensed and armed teachers and school personnel are actually the most effective deterrent to mass school shootings. The primary focus of this Article will be schools kindergarten through twelfth grade (K-12), as they comprise of the majority of mass shootings in the United States and typically …


The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman 2017 St. Mary's University School of Law

The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman

The Scholar: St. Mary's Law Review on Race and Social Justice

This Article criticizes the 2016 Texas Supreme Court school finance decision, the latest of seven decisions starting in 1989, for its disregard of both the record in the case and the realities of the Texas Constitution and Texas politics. The Article also focuses on how standards for reviewing legislation have changed and the Texas Supreme Court's irrational and unfounded retreat to the "money doesn't make a difference" theory of school finance. Finally, the Article recommends a return to an objective, comprehensible, enforceable and constitutional system of review, and concludes with a prayer for holdings that recognize the inequities of the …


Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson 2017 St. Mary's University

Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps 2017 St. Mary's University

The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas 2017 St. Mary's University

Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Achieving American Retirement Prosperity By Changing Americans' Thinking About Retirement, Peter H. Huang 2017 University of Colorado Law School

Achieving American Retirement Prosperity By Changing Americans' Thinking About Retirement, Peter H. Huang

Publications

There are many decisions that Americans have to make about retirement before, at, and after retirement. For example, Americans have to decide when to start saving for retirement, how much to save, how to invest those savings, when to retire, when to claim social security, and how to take required minimum distributions from 401(k) plans or Individual Retirement Accounts. Different things can go wrong at each of these decisions for different reasons. Many Americans, for various reasons, including insufficient energy, money, motivation, time, and understanding, do no retirement planning. Some Americans do some retirement planning, yet worry they are doing …


The English Rule - It Ain't English, And Ought Not Be American., Timothy M. Mulligan 2017 St. Mary's University

The English Rule - It Ain't English, And Ought Not Be American., Timothy M. Mulligan

St. Mary's Law Journal

Abstract Forthcoming.


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