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The "F" Factor: Fineman As Method And Substance, Nancy E. Dowd 2010 University of Florida Levin College of Law

The "F" Factor: Fineman As Method And Substance, Nancy E. Dowd

UF Law Faculty Publications

In this book review, Professor Dowd reviews Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations, edited by Martha Albertson Fineman, Jack E. Johnson, and Adam P. Romero (2009). Professor Dowd exposes the particular impact of the “F” factor by first describing the contributions of this volume and then exploring the methodological and substantive aspects of the “F” factor.


Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle 2010 University of Richmond

Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle

Richmond Public Interest Law Review

In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.


Social Security Benefits Formula 101: A Practical Primer, Francine J. Lipman 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Social Security Benefits Formula 101: A Practical Primer, Francine J. Lipman

Scholarly Works

No abstract provided.


From Nondiscrimination To Civil Marriage, Elizabeth Burleson 2010 Pace Law School

From Nondiscrimination To Civil Marriage, Elizabeth Burleson

Pace Law Faculty Publications

No abstract provided.


For Those Not John Edwards: More And Better Paternity Acknowledgments At Birth, Jeffrey A. Parness, Zachary Townsend 2010 Northern Illinois University

For Those Not John Edwards: More And Better Paternity Acknowledgments At Birth, Jeffrey A. Parness, Zachary Townsend

University of Baltimore Law Review

No abstract provided.


Conflicts And The Shifting Landscape Around Same-Sex Relationships, Hillel Y. Levin 2010 University of Georgia School of Law

Conflicts And The Shifting Landscape Around Same-Sex Relationships, Hillel Y. Levin

Scholarly Works

Conflicts and choice of law questions arising from marriage recognition are more multidimensional today than ever before. Traditionally, these conflicts arose because one jurisdiction allowed marriage between two individuals while another prohibited such a marriage. This was the model in the consanguineous, polygamous, and interracial marriage contexts. It has also been the primary model for analyzing conflicts that arise in the context of same-sex relationships. In a forthcoming article, Resolving Interstate Conflicts Arising from Interstate Non-Marriage, I challenge this model, and suggest that the emergence of marriage-like and marriage-lite alternatives(i.e., civil unions, domestic partnerships, reciprocal benefits arrangements, etc ...


Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig 2010 Dalhousie University Schulich School of Law

Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig

Articles & Book Chapters

The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests ...


Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni 2010 Allard School of Law at the University of British Columbia

Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni

Faculty Publications

Scholars who have examined the legal recognition of same-sex partnerships in European countries have concluded that the path to the legalization of same-sex marriage follows an incremental process involving specific stages. They suggest that it is possible to predict, based on certain visible social and legal processes or assessable parameters, which U.S. states will be the next to recognize same-sex marriage. These scholars argue that such small cumulative legal changes at the state level constitute the best means of legalizing same-sex marriage in the United States, and that civil unions are a necessary step in this process. This article ...


Annual Survey Of Periodical Literature, Nancy Ver Steegh 2010 Mitchell Hamline School of Law

Annual Survey Of Periodical Literature, Nancy Ver Steegh

Faculty Scholarship

The Annual Review of Periodical Literature provides a sampling of law review articles published between November 1, 2008, and October 31, 2009. The survey highlights the variety and depth of family law scholarship produced during the year and calls attention to currently debated "hot topics." Readers are encouraged to read articles of interest in their entirety because the summaries included in the survey are necessarily abbreviated.


The Perils Of Empowerment, Jane H. Aiken, Katherine Goldwasser 2010 Georgetown University Law Center

The Perils Of Empowerment, Jane H. Aiken, Katherine Goldwasser

Georgetown Law Faculty Publications and Other Works

This Article examines bystander norms of disinterest and blame that inform and undermine strategies for dealing with significant social problems such as domestic violence. Current strategies rely on individual “empowerment” to reduce such violence. These strategies reflect fundamental misconceptions and false assumptions about the nature of domestic violence, about why this sort of violence persists so stubbornly, and, ultimately, about what it takes to change behavior that has long been tolerated, if not actually fostered, as a result of deeply imbedded social and cultural norms. The net effect is that far from empowering abused women, let alone reaching the norms ...


Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo 2010 University of Maryland Francis King Carey School of Law

Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu 2010 St. John's University School of Law

That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu

Faculty Publications

Despite the remarkable reliance on the Internet as a source of information, we have yet to fully take advantage of it in our movement against domestic violence. Information is used as a weapon in the battle against domestic violence in several limited ways. Yet there is still more we can do with information and, specifically, the Internet, in combating domestic violence. The Scarlet Letter proposal seeks to empower potential victims of domestic violence with information so that they themselves can make choices that will avoid years of suffering and abuse. The idea is to allow public access to the data ...


Beyond The Polemics: Realistic Options To Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg 2010 St. John's University School of Law

Beyond The Polemics: Realistic Options To Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg

Faculty Publications

Children, adult survivors, and their batterers who remain engaged in violence, even after they live apart, are living legacies of the historical perniciousness of domestic violence, a legacy that must change. True, over the past thirty years the politicization of domestic violence has raised public awareness, spurred legislative reforms, and propelled court innovations. However, the children, survivors, and batterers who still live domestic violence after divorce know all too well that all of our political advancements, legal victories, court innovations, and social awareness have not stopped the violence they live within their day-to-day lives. For many of these families, an ...


Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher 2010 Elisabeth Haub School of Law at Pace University

Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher

Pace Law Faculty Publications

No abstract provided.


Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth F. Emens 2010 Columbia Law School

Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth F. Emens

Faculty Scholarship

This Essay includes a first-person narrative of having a child through surrogacy, responses to that narrative by other law professors and the surrogate, and a concluding response and epilogue by the Author.


The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver 2010 Southern Methodist University, Dedman School of Law

The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver

Faculty Scholarship

This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor ...


Comments: In Light Of Crawford V. Washington And The Difficult Nature Of Domestic Violence Prosecutions, Maryland Should Adopt Legislation Making Admissible Prior Acts Of Domestic Violence In Domestic Violence Prosecutions, Jay A. Abarbanel 2010 University of Baltimore Law

Comments: In Light Of Crawford V. Washington And The Difficult Nature Of Domestic Violence Prosecutions, Maryland Should Adopt Legislation Making Admissible Prior Acts Of Domestic Violence In Domestic Violence Prosecutions, Jay A. Abarbanel

University of Baltimore Law Review

No abstract provided.


Integrating Marital Property Into A Spouse’S Elective Share, Raymond C. O'Brien 2010 The Catholic University of America, Columbus School of Law

Integrating Marital Property Into A Spouse’S Elective Share, Raymond C. O'Brien

Scholarly Articles and Other Contributions

First, this Article begins with history, as this forms the basis of electiveshare law. It is necessary to begin with the historical basis of a spouse's right to support, and then proceed to examine how and why a spouse obtained a share of the property acquired during marriage. Second, because a spouse's rights at death were often very different from those that a spouse would obtain at divorce, it is necessary to explain the various judicial and statutory models adopted by the states to provide a modicum of protection to a surviving spouse at death. There are many ...


The Argument For Same-Sex Marriage (Debate), Deborah A. Widiss, Nelson Tebbe, Shannon Gilreath 2010 Indiana University Maurer School of Law

The Argument For Same-Sex Marriage (Debate), Deborah A. Widiss, Nelson Tebbe, Shannon Gilreath

Articles by Maurer Faculty

Perry v. Schwarzenegger, in which a federal district court held California's ban on same-sex marriages unconstitutional, is set for expedited review in the Ninth Circuit; many argue that the case will ultimately be decided by the Supreme Court. The arguments for and against the constitutionality of such statutes are thus at a fever pitch. In an article published earlier this year, Professors Nelson Tebbe and Deborah Widiss argued that marriage rights are best conceived of as an issue of equal access, rather than one of equal protection or substantive due process. Nelson Tebbe & Deborah A. Widiss, Equal Access and the Right to Many, 158 U. PA. L. REV. 1375, 1377 (2010).

In The Argument for Same-Sex Marriage, Professors Tebbe and Widiss revisit the arguments they made in Equal Access and the Right to Mary and emphasize their belief that distinguishing between different-sex marriage and same-sex marriage is inappropriate. They lament the sustained emphasis on the equal-protection and substantive-due-process challenges in the Perry litigation and suggest that an equal-access approach is more likely to be successful on appeal.

Professor Shannon Gilreath questions some of the fundamental premises for same-sex marriage in Arguing Against Arguing for Marriage. He challenges proponents to truly reflect on "what there is to commend marriage to Gay people," and points to his own reversal on the question as evidence. Though he stands fully in opposition to critics of same-sex marriage who use the stance to veil attacks on equality generally, Gilreath argues that marriage can be seen as a further institutionalization of gays and lesbians that risks "assimilationist erasure of Gay identity." Gilreath concludes by noting that to the extent that marriage is assumed to be normatively good, the Tebbe-Widiss equal access approach to same-sex marriage recognition may be the most successful; still, he invites those on all ...


All In The Family, Angela Onwuachi-Willig 2010 Boston University School of Law

All In The Family, Angela Onwuachi-Willig

Faculty Scholarship

Your essay “Pregnant Man?” highlights many significant issues concerning the intersection of law, gender, sexuality, race, class, and family. In an earlier article A House Divided: The Invisibility of the Multiracial Family, we explored many of these issues as they relate to multiracial families, including our own. Specifically, we, a black female-white male married couple, analyzed the language in housing discrimination statutes to demonstrate how law and society function together to frame the normative ideal of family as heterosexual and monoracial. Our article examined the daily social privileges of monoracial, heterosexual couples as a means of revealing the invisibility of ...


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