Part of the Family Law Commons

Works in Family Law

2022

Nonconsensual Family Obligations, Emily J. Stolzenberg
BYU Law Review

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Utah Marriage and Divorce Laws, Kory Staheli, Stephen Elmo Averett
BYU Law Library Publications

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2021

The Costs of Separation: Incarcerated Mothers and the Socioeconomic Benefits of Community-Based Alternatives for Nonviolent Offenders, Rahgan Jensen
Brigham Young University Journal of Public Law

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2020

Medical Disputes and Conflicting Values: Is There a “Right to Die” Later?, Janet L. Dolgin
BYU Law Review

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Re-Victimization of Domestic Violence Victims, Angela de la Garza
Brigham Young University Journal of Public Law

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2019

Changing Family Courts to Help Heal and Build Resilient Families, Carrie E. Garrow
BYU Law Review

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Establishing Paternity Under the Indian Child Welfare Act, Carlie Smith
BYU Law Review

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2018

The Intertwined Existence of Families and Religion, Lynn D. Wardle
Brigham Young University Journal of Public Law

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The Universal, Inalienable Right of the Child to the Marriage of His Biological Parents, Patrick F. Fagan, William L. Saunders
Brigham Young University Journal of Public Law

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The Universal, Inalienable Right of the Child to the Marriage of His Biological Parents, Neil B. Johnson
Brigham Young University Journal of Public Law

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Tensions Underlying the Indian Child Welfare Act: Tribal Jurisdiction over Traditional State Court Family Law Matters, Elizabeth MacLachlan
BYU Law Review

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The Intertwined Existence of Families and Religion, L. Steven Brooks
Brigham Young University Journal of Public Law

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2016

An International Perspective on Same-Sex Marriage Post Obergefell (and Some Thoughts on Legal Positivism as a Means of Reconciliation): The Israeli Case, Avishalom Westreich
Brigham Young University Journal of Public Law

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Assessing the History of Exaggerated Estimates of the Number of Children Being Raised by Same-Sex Parents as Reported in Both Legal and Social Science Sources, Walter R. Schumm, Martin Seay, Keondria McClish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Brigham Young University Journal of Public Law

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Regulating Marriage in a New Environment, Carmen Garcimartin
Brigham Young University Journal of Public Law

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The Impact of Obergefell: Traditional Marriage's New Lease on Life, David Pimentel
Brigham Young University Journal of Public Law

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The Evolution of Family Law: Changing the Rules or Changing the Game, Carlos Martinez de Aguirre
Brigham Young University Journal of Public Law

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The Development of the Issue of Same-Sex Couples under Israeli Law, Yitshak Cohen
Brigham Young University Journal of Public Law

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Marriage is the Best Measure of Society's Commitment to Child Well-being, Lynn D. Wardle
Faculty Scholarship

Family Law and Entrepreneurial Action, D. Gordon Smith
Faculty Scholarship

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2015

Mary Wollstonecraft on Reason, Marriage, Family Life, and the Development of Virtue in A Vindication of the Rights of Woman, Paul E. Kerry
Brigham Young University Journal of Public Law

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Twenty-Week Abortion Bans: Ineffective, unconstitutional and unwise, Paul Benjamin Linton
Brigham Young University Journal of Public Law

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Forced Marriage at the Cambodian Crossroads: ECCC Can Develop a New Crime Against Humanity, Cameron Christensen
BYU Law Review

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Family Justice for Future Generations: Considering the Interests of Children and Future Generations in Family Law, Lynn D. Wardle
Faculty Scholarship

Does the Russian Adoption Ban Violate International Law?, Christina Champenois
Brigham Young University International Law & Management Review

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"Family Cycles" and the Future of Family Law, Allan Carlson
Brigham Young University Journal of Public Law

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The Law's Duty to Promote the Kinship System: Implications for assisted reproductive techniqes and for proposed redefinition of familial relations, Scott FitzGibbon
Brigham Young University Journal of Public Law

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I Now Pronounce You Husband and Wives: The case for polygamous marriage after United States v. Windsor and Burwell v. Hobby Lobby Stores, Peter Nash Swisher
Brigham Young University Journal of Public Law

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A Prospective Analysis of Family Fragmentation: Baby Mama Drama meets Jane Austen, Lynne Marie Kohm
Brigham Young University Journal of Public Law

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The Future of Justic Scalia's Predictions of Family Law Doom, Robert E. Rains
Brigham Young University Journal of Public Law

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Clark Memorandum: Spring 2015, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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An Incurable Malaise: Commonwealth v. Australian Capital Territory and Baskin v. Bogan as Symptoms of Early-Onset Dystopia, Neville Rochow
BYU Law Review

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The Future of the Family: The Social and Legal Impacts of Legalizing Same-Sex Marriage, Lynn D. Wardle
Faculty Scholarship

2014

Clark Memorandum: Fall 2014, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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Session I, John C. Eastman, Allan C. Carlson, Paul Kerry, Carlos Martinez de Aguirre, Mark Strasser
the Marriage and Family Law Research Project

Session II: Keynote Address, Gilbert Holmes
the Marriage and Family Law Research Project

Session III, Alan Hawkins, Jason Carroll, Jessica Dixon Weaver, Paul Sullins
the Marriage and Family Law Research Project

Session IV, Richard S. Myers, Michael New, William C. Duncan, Scott FitzGibbon, Robert E. Rains
the Marriage and Family Law Research Project

Session V, Stephen Black, Lynne Marie Kohm, Peter N. Swisher, Lynn D. Wardle, Robert T. Smith
the Marriage and Family Law Research Project

Domestic Asset Protection Trusts: A Threat to Child Support?, Trent Maxwell
BYU Law Review

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A Home with Dignity: Domestic Violence and Property Rights, Margaret E. Johnson
BYU Law Review

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“. . . Speak Now or Forever Hold Your Peace . . .” —The Influence of Constitutional Argument on Same-Sex Marriage Legislation Debates in Australia, Neville Rochow
BYU Law Review

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2013

The Categorical Distinction between Adolescents and Adults: The Supreme Court's Juvenile Punishment Cases—Constitutional Implications for Regulating Teenage Sexual Activity, Martin R. Gardner
Brigham Young University Journal of Public Law

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The Spanish Law on Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin
Brigham Young University Journal of Public Law

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The Constitutionality of Same-Sex Marriage in Australia (and Other Related Issues), Augusto Zimmermann
Brigham Young University Journal of Public Law

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Let Me Count the Ways: The Unconstitutionality of Same-Sex-Marriage Bans, Mark Strasser
Brigham Young University Journal of Public Law

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“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

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How the Battle to Redefine Marriage Affected Family Law in Argentina, Ursula C. Basset
Brigham Young University Journal of Public Law

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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

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To Prevent and to Protect: The Reporting of Child Abuse by Educators, Jon M. Hogelin
Brigham Young University Education and Law Journal

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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

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The Forgotten Founding Document: Considering the Ends of the Law, A. Scott Loveless
Brigham Young University Journal of Public Law

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“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

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2012

Mobility Measures, Naomi Schoenbaum
BYU Law Review

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Surging Intercountry Adoptions in Africa: Paltry Domestication of International Standards, Joseph M. Isanga
Brigham Young University Journal of Public Law

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Dilemmas of Indissoluble Parenthood: Legal Incentives, Parenting, and the Work-Family Balance , Lynn D. Wardle
Brigham Young University Journal of Public Law

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Indissoluble Nonresidential Parenthood: Making it More than Semantics when Parents Share Parenting Responsibilities, Cynthia R. Mabry
Brigham Young University Journal of Public Law

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A Proposal for a Feasible, First-Step, Legislative Agenda for Divorce Reform, Alan J. Hawkins
Brigham Young University Journal of Public Law

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When is Parenthood Dissoluble?, Patrick Parkinson
Brigham Young University Journal of Public Law

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Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley
Brigham Young University Journal of Public Law

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Mediating the Indissoluble Family: Mediator Style in Domestic Relations Cases, Carolynn Clark Camp
Brigham Young University Journal of Public Law

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Clark Memorandum: Spring 2012, J. Reuben Clark Law Society, BYU Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum

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“Can They Do That?”: Why Religious Parents and Communities May Fear the Future Regarding State Interests and Custodial Law, Keith W. Barlow
BYU Law Review

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Marriage, Fundamental Premises, and the California, Connecticut, and Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater
BYU Law Review

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On the Child's Need to Be One's Self, Ya'Ir Ronen
Brigham Young University Journal of Public Law

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Involuntary Imports: Williams v. Lutwak, the Defense of Marriage Act, Federalistm, and 'Thick' and 'Thin' Conceptions of Marriage, Lynn D. Wardle
Faculty Scholarship

2011

Unexplained Fractures in Infants and Child Abuse: The Case for Requiring Bone-Density Testing Before Convicting Caretakers, Matt Seeley
BYU Law Review

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Should I Stay or Should I Go: Why Immigrant Reunification Decisions Should Be Based on the Best Interest of the Child, Marcia Zug
BYU Law Review

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The Impacts on Education of Legalizing Same-Sex Marriage and Lessons from Abortion Jurisprudence, Lynn D. Wardle
Brigham Young University Education and Law Journal

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Underneath the Radar: The Impact of Same-Sex Sexuality and Secularism on Education in South Africa, Marius H. Smit
Brigham Young University Education and Law Journal

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Respect for Me But Not for Thee: Reflections on the Impact of Same-Sex Marriage on Education, Charles J. Russo
Brigham Young University Education and Law Journal

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Same-Sex Marriage and the Public School Curriculum: Can Parents Opt Their Children Out of Curricular Discussions about Sexual Orientation and Same-Sex Marriage?, Kevin Rogers, Richard Fossey
Brigham Young University Education and Law Journal

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Examining Context in the Conflict over Same-Sex Marriage and Education: The Relevance of Substance, Process and the People Involved, Richard Peterson
Brigham Young University Education and Law Journal

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Same-Sex Marriage, Education, and Parental Rights, Richard S. Myers
Brigham Young University Education and Law Journal

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Recognition of Same-Sex Marriage and Public Schools: Implications, Challenges, and Opportunities, Allison Fetter-Harrott
Brigham Young University Education and Law Journal

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Same-Sex Marriage and the Schools: Potential Impact on Children via Sexuality Education, A. Dean Byrd
Brigham Young University Education and Law Journal

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Same-Sex Marriage and Education: Implications for Schools, Students, and Parents, E. Vance Randall
Brigham Young University Education and Law Journal

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Studying the Massachusetts Goodridge Decision on Same-Sex Marriage as an Antidote to Mutual Misunderstanding and a Lesson in Civics and Law, David Schimmel
Brigham Young University Education and Law Journal

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Educational Justice and the Recognition of Marriage, Scott FitzGibbon
Brigham Young University Education and Law Journal

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Belonging in America: How to Understand Same-Sex Marriage, Robert A. Burt
Brigham Young University Journal of Public Law

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Amae and Belonging—An Encounter of the Japanese Psyche and the Waning of Belonging in America, Akira Morita
Brigham Young University Journal of Public Law

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Belonging and Trust: Divorce and Social Capital, Margaret F. Brinig
Brigham Young University Journal of Public Law

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Where (in the World) do Children Belong?, Annette Laquer Estin
Brigham Young University Journal of Public Law

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Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott FitzGibbon
Brigham Young University Journal of Public Law

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Dimensions of Aging and Belonging for the Older Person and the Effects of Ageism, Laurence C. Nolan
Brigham Young University Journal of Public Law

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The Boundaries of Belonging: Allegiance, Purpose and the Definition of Marriage, Lynn D. Wardle
Brigham Young University Journal of Public Law

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A Child's Perspective of Defining a Parent: The Case for Intended Parenthood, Linda D. Elrod
Brigham Young University Journal of Public Law

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The institution of marriage and other domestic relations, Lynn D. Wardle
Faculty Scholarship

The "Echo Chamber Effect" in Legal Education: Considering Family Law Casebooks, Lynn D. Wardle
Faculty Scholarship

The Jurisprudence of Parenting and the Influence of Religion on Effective Parenting, Lynn D. Wardle
Faculty Scholarship

The Disintegration of Families and Children's Right to Their Parents, Lynn D. Wardle
Faculty Scholarship

2010

Private Relationships and Public Problems: Applying Principles of Relational Contract Theory to Domestic Violence, Tamara L. Kuennen
BYU Law Review

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Marriage and Religious Liberty: Comparative Law Problems and Conflict of Laws Solutions, Lynn D. Wardle
Faculty Scholarship

Fundamentals of the Jurisprudence of the Family: Building on Rock or Sand?, Lynn D. Wardle
Faculty Scholarship

A House Divided: Same-Sex Marriage and Dangers to Civil Rights, Lynn D. Wardle
Faculty Scholarship

Comparative Models for Transitioning from Religious to Civil Marriage Systems, Brett G. Scharffs
Faculty Scholarship

Who Decides? The Federal Architecture of DOMA and Comparative Marriage Recognition, Lynn D. Wardle
Faculty Scholarship

Counselors as Gatekeepers: The Professional Responsibilities of Family Lawyers in Divorce Cases, Lynn D. Wardle
Faculty Scholarship

Comparative Perspectives on Adoption of Children by Cohabitating, Nonmarital Couples and Partners, Lynn D. Wardle
Faculty Scholarship

The Judicial Imposition of Same-Sex Marriage: The Boundaries of Judicial Legitimacy and Legitimate Redefinition of Marriage, Lynn D. Wardle
Faculty Scholarship

The “Constitution” of Marriage and the “Constitution” of Nations, Lynn D. Wardle
Faculty Scholarship

2009

The Aftermath of Crawford and Davis: Deconstructing the Sound of Silence, Kimberly D. Bailey
BYU Law Review

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Parental Rights and the State Regulation of Religious Schools, Matthew Steilen
Brigham Young University Education and Law Journal

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Constitutionality of Home Education: How the Supreme Court and American History Endorse Parental Choice, Chad Olsen
Brigham Young University Education and Law Journal

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2008

From Slavery to Same-Sex Marriage: Comity Versus Public Policy in Inter-jurisdictional Recognition of Controversial Domestic relations, Lynn D. Wardle
BYU Law Review

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Abortion Across State Lines, Joseph W. Dellapenna
BYU Law Review

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The Coming Collision: Romer and State Defense of Marriage Acts, Patrick J. Borchers
BYU Law Review

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Interstate Recognition of Adoptions: On Jurisdiction, Full Faith and Credit, and the Kinds of Challenges the Future May Bring, Mark Strasser
BYU Law Review

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Interstate Pluralism: The Role of Federalism in the Same-Sex Marriage Debate, Jeffrey L. Rensberger
BYU Law Review

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Inter-Religious Marriage from Socio-Historical Islamic Perspectives, Noryamin Aini
BYU Law Review

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The Search for Moral Neutrality in Same-Sex Marriage Decisions, Adam J. MacLeod
Brigham Young University Journal of Public Law

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A Matter of Conviction: Moral Clashes over Same-Sex Adoption, Robin Fretwell Wilson
Brigham Young University Journal of Public Law

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A Response to the "Conservative Case" for Same-Sex Marriage: Same-Sex Marriage and "the Tragedy of the Commons", Lynn D. Wardle
Brigham Young University Journal of Public Law

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A Potential Lesson from the Israeli Experience for the American Same-Sex Marriage Debate, Shahar Lifshitz
Brigham Young University Journal of Public Law

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The South African Civil Union Act 17 of 2006: A Good Example of the Dangers of Rushing the Legislative Process, Bradley S. Smith, J. A. Robinson
Brigham Young University Journal of Public Law

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An Overview of Recent Legal Developments in South Africa with Regard to the Position of Lesbigay Parents and Children with Specific Reference to the Adoption of Children, J. A. Robinson
Brigham Young University Journal of Public Law

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The Endurance of Biological Connection: Heteronormativity, Same-Sex Parenting and the Lessons of Adoption, Annette R. Appell
Brigham Young University Journal of Public Law

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Same-Sex Marriage and Taxes, Stephen T. Black
Brigham Young University Journal of Public Law

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2007

The Personal Is Political-and Economic: Rethinking Domestic Violence, Deborah M. Weissman
BYU Law Review

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Student Rights: From In Loco Parentis to Sine Parentibus and Back Again? Understanding the Family Educational Rights and Privacy Act in Higher Education, Britton White
Brigham Young University Education and Law Journal

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The Attack on Marriage As the Union of a Man and a Woman, Lynn D. Wardle
Faculty Scholarship

The Biological Causes and Consequences of Homosexual Behavior and Their Relevance for Family Law and Policies, Lynn D. Wardle
Faculty Scholarship

2006

All the Better To Eat You With, My Dear: The Need for a Heightened Harm Standard in Utah's Grandparent Visitation Statute, Tracy C. Schofield
BYU Law Review

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Same-Sex Marriage: When Will It Reach Utah?, Robert Wintemute
Brigham Young University Journal of Public Law

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Women, Equality, and the Federal Marriage Amendment, Comille S. Williams
Brigham Young University Journal of Public Law

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The Supreme Court and Same-Sex Marriage: A Prediction , Robert E. Riggs
Brigham Young University Journal of Public Law

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"God's Created Order," Gender Complementarity, and the Federal Marriage Amendment, Linda C. McClain
Brigham Young University Journal of Public Law

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Why the Politics of Marriage Matter: Evaluating Legal and Strategic Approaches on Both Sides of the Debate on Same-Sex Marriages, Kenneth K. Hsu
Brigham Young University Journal of Public Law

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The Debates About Same-Sex Marriage in Canada and the United States: Controversy Over the Evolution of a Fundamental Social Institution, Nicholas Bala
Brigham Young University Journal of Public Law

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Federal Constitutional Protection for Marriage: Why and How, Lynn D. Wardle
Brigham Young University Journal of Public Law

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An Amendment to Protect Marriage: Bad in Theory, Likely Worse in Practice, Mark Strasser
Brigham Young University Journal of Public Law

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Full Faith and Republican Gaurantees: Gay Marriage, FMPA, and the Courts, John C. Eastman
Brigham Young University Journal of Public Law

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Constitutional Thematics and the Peculiar Federal Marriage Amendment, Scott Dodson
Brigham Young University Journal of Public Law

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2005

Are State Marriage Amendments Bills of Attainder?: A Case Study of Utah's Amendment Three, Daniel H. Walker
BYU Law Review

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Marriage and the Betrayal of Perez and Loving, Monte Neil Stewart, William C. Duncan
BYU Law Review

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Parental Rights Movement on Utah's Capitol Hill Should Not Make Gains at the Expense of the State's Children, David B. Dibble
Brigham Young University Education and Law Journal

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2003

Hints, not Holdings: Use of Precedent in Lawrence v. Texas, David M. Wagner
Brigham Young University Journal of Public Law

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Status, Benefits, and Recognition: Current Controversies in the Marriage Debate, Joshua K. Baker
Brigham Young University Journal of Public Law

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The Case Against Same-Sex Marriage in Canada: Law and Policy Considerations, Jane Adolphe
Brigham Young University Journal of Public Law

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Transsexuals, Intersexuals and Same-Sex Marriage, Terry S. Kogan
Brigham Young University Journal of Public Law

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The Augustinian Goods of Marriage: The Disappearing Cornerstone of the American Law of Marriage, Charles J. Reid Jr.
Brigham Young University Journal of Public Law

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Variety in U.S. Kinship Practices, Substantive Due Process Analysis and the Right to Marry, C. Quince Hopkins
Brigham Young University Journal of Public Law

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The Litigation to Redefine Marriage: Equality and Social Meaning , William C. Duncan
Brigham Young University Journal of Public Law

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Some Wrongs and (Human) Rights in the English Same-Sex Marriage Debate, John Murphy
Brigham Young University Journal of Public Law

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The Curious Case of the Missing Legal Analysis, Lynn D. Wardle
Brigham Young University Journal of Public Law

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Who Decides and What Difference Does It Make?: Defining Marriage in "Our Democratic, Federal Republic", Kevin J. Worthen
Brigham Young University Journal of Public Law

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Traditional Marriage: Still Worth Defending, George W. Dent Jr.
Brigham Young University Journal of Public Law

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Tipping the Balance in Favor of Justice: Due Process and the Thirteenth and Nineteenth Amendments in Child Removal from Battered Mothers, Shima Baradaran-Robison
BYU Law Review

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The Changing Face of Parents' Rights, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

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2002

Tom Green, Common-law Marriage, and the Illegality of Putative Polygamy, Ryan D. Tenney
Brigham Young University Journal of Public Law

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United Nations Policy and the Family: Redefining the Ties that Bind: A Study of History, Forces and Trends, Maria Sophia Aguirre, Ann Wolfgram
Brigham Young University Journal of Public Law

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Counting the Costs of Civil Unions: Some Potential Detrimental Effects on Family Law, Lynn D. Wardle
Faculty Scholarship

2001

The New "Extended Family"-"De Facto" Parenthood and Standing Under Chapter 2, Gregogy A. Loken
BYU Law Review

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Introduction to the Symposium on the American Law Institute's Principles of the Law of Family Dissolution, Lynn D. Wardle
BYU Law Review

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A Nonfeminist's Perspectives of Mothers and Homemakers Under Chapter 2 of the ALI Principles of the Law of Family Dissolution, F. Carolyn Graglia
BYU Law Review

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Domestic Partnership Laws in the United States: A Review and Critique, William C. Duncan
BYU Law Review

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Toward a Unified Field Theory of the Family: The American Law Institute's Principles of the Law of Family Dissolution, James Herbie DiFonzo
BYU Law Review

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The Likely Impact of the ALI Principles of the Law of Family Dissolution on Property Division, Craig W. Dallon
BYU Law Review

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Learning from the Process of Decision: The Parenting Plan, Francis J. Catania Jr.
BYU Law Review

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Exporting and Importing Domestic Partnerships: Some Conflict-of-Laws Questions and Concerns, Ralph U. Whitten
BYU Law Review

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Deconstructing Family: A Critique of the American Law Institute's "Domestic Partners" Proposal, Lynn D. Wardle
BYU Law Review

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Balancing "Parents Are" and "Parents Do" in the Supreme Court's Constitutionalized Family Law: Some Implications for the ALI Proposals on De Facto Parenthood, David M. Wagner
BYU Law Review

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A Small Step Forward: The ALI Domestic Partners Recommendation, Mark Strasser
BYU Law Review

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Resolving Relocation Issues Pursuant to the ALI Family Dissolution Principles: Are Children Better Protected?, Janet Leach Richards
BYU Law Review

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Competing Approaches to Same-Sex Versus Opposite-Sex, Unmarried Couples in Domestic Partnership Laws and Ordinances, Terry S. Kogan
BYU Law Review

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Single-Sex "Marriage": The Role of the Courts, Lino A. Graglia
BYU Law Review

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What Constitutional Law Can Learn from the ALI Principles of Family Dissolution, David D. Meyer
BYU Law Review

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Johnson v. Rodrigues (Ovozco): An Analysis of the Constitutionality of Utah's Adoption Statutes, Sarah K.L. Chow
BYU Law Review

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Golden Eggs: Towards the Rational Regulation of Oocyte Donation, Kenneth Baum
BYU Law Review

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"A Lawyer Class": Views On Marriage and "Sexual Orientation" in the Legal Profession, William C. Duncan
Brigham Young University Journal of Public Law

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1999

The History and Evolution of Marriage (Review of From Sacrament to Contract, by John Witte, Jr.), Jennie Holman Blake
BYU Law Review

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Convicting Domestic Violence Abusers When the Victim Remains Silent, Tonya McCormick
Brigham Young University Journal of Public Law

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Brinkman v. Brinkman: Where Res Judicata Has Gone too Far, Rebekah B. Griffin
Brigham Young University Journal of Public Law

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Grandparent Visitation Right Statutes, Stephen Elmo Averett
Brigham Young University Journal of Public Law

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Divorce Reform at the Turn of the Millennium: Certainties and Possibilities, Lynn D. Wardle
Faculty Scholarship

1998

Children, Parents, and Nonparents: Protected Interests and Legal Standards, Eric G. Andersen
BYU Law Review

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Sex and Sodomy and Apples and Oranges - Does the Constitution Require States to Grant a Right to Do the Impossible, Jay Alan Sekulow, John Tuskey
Brigham Young University Journal of Public Law

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Adding Bite: A Response to State Ex Rel. McDougall v. Strohson (Cantrell, Real Party in Interest), Michael S. Wawro
Brigham Young University Journal of Public Law

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Beyond Baehr: Strengthening the Definition of Marriage, Katherine Shaw Spaht
Brigham Young University Journal of Public Law

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Playing the Loving Card: Same-Sex Marriage and the Politics of Analogy, David Orgon Coolidge
Brigham Young University Journal of Public Law

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Will New York Recognize Same-Sex Marriage?: An Analysis of the Conflict-of-Laws' Public Policy Exception, Todd C. Hilbig
Brigham Young University Journal of Public Law

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Liberty and Marriage - Baehr and Beyond: Due Process in 1998, Lynn Marie Kohm
Brigham Young University Journal of Public Law

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From Loving to Romer: Homosexual Marriage and Moral Discernment, Richard F. Duncan
Brigham Young University Journal of Public Law

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1997

Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges
BYU Law Review

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Clark Memorandum: Spring 1997, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum

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"Village People" Introduction to the Family Law Symposium on Parent and Child in North American Family Law, Lynn D. Wardle
Brigham Young University Journal of Public Law

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Posthumous Conception: A Private or Public Matter?, Laurence C. Nolan
Brigham Young University Journal of Public Law

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Interstate Collection of Child Support and Federalism: Why the States Have Authority and What They Need to Do to Keep It, Eric S. Lind
Brigham Young University Journal of Public Law

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The Government's Role in the Support of Children, Allen M. Parkman
Brigham Young University Journal of Public Law

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"Rights of Custody" Under the Hague Convention, Martha Bailey
Brigham Young University Journal of Public Law

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1996

People v. Bennett: Analytic Approaches to Recognizing a Fundamental Parental Right Under the Ninth Amendment, Daniel E. Witte
BYU Law Review

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A Critical Analysis of Constitutional Claims for Same-Sex Marriage, Lynn D. Wardle
BYU Law Review

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1994

Abating the Feminization of Poverty: Changing the Rules Governing Post - Decree Modification of Child Support Obligations, J. Thomas Oldham
BYU Law Review

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Religious Freedom Issues in Domestic Relations Law, Mitchell A. Tyner
Brigham Young University Journal of Public Law

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Abortion Rights in America, Joan R. Bullock
BYU Law Review

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Are You My Mother? The Scientific and Legal Validity of Conventional Blood Testing and DNA Fingerprinting to Establish Proof of Parentage in Immigration Cases, Alan R. Davis
BYU Law Review

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"Out of Children's Needs, Children's Rights": The Child's Voice in Defining the Family, Barbara Bennett Woodhouse
Brigham Young University Journal of Public Law

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1993

Missing Tools in the Federal Prosectution of Child Abuse and Neglect, F. Chris Austin
Brigham Young University Journal of Public Law

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From a Tender Years Presumption to a Primary Parent Presumption: Has Anything Really Changed? . . . Should It?, Phyllis T. Bookspan
Brigham Young University Journal of Public Law

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Honor Thy Father and Thy Mother: But Court-Ordered Grandparent Visitation in the Intact Family?, Laurence C. Nolan
Brigham Young University Journal of Public Law

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A Legal Definition of the Stepfamily: The Example of Incest Regulation, Margaret M. Mahoney
Brigham Young University Journal of Public Law

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Individualisme et communautarisme: L'individu, la familIe et l'Etat en Europe occidentale, Marie-Therese Meulders-Klein
BYU Law Review

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Children's Rights: The Destruction and Promise of Family, Barbara Bennett Woodhouse
BYU Law Review

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Traditionalism, Secularism, and the Transformative Dimension of Religious Institutions, W. Cole Durham Jr., Alexander Dushku
BYU Law Review

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In the Best Interest: The Adoption of F.H., an Indian Child, Ivy N. Voss
Brigham Young University Journal of Public Law

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Legal Policy, Technique and Research in Family Law—Some Comparative Aspects, Anders Agell
Brigham Young University Journal of Public Law

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Access to Legal Remedies: The Crisis in Family Law, Jane C. Murphy
Brigham Young University Journal of Public Law

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Applications of a Contemporary Partnership Model for Divorce, Cynthia Starnes
Brigham Young University Journal of Public Law

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Reform of the Divorce Provisions of the Marriage Contract, Allen M. Parkman
Brigham Young University Journal of Public Law

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Foreword: Family Restructuring at the End of the Twentieth Century—Issues for a New Century, Lynn D. Wardle
Brigham Young University Journal of Public Law

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Intent v. Practice: Incentives and Disincentives for Child Abuse Reporting by School Personnel, Jane Rosien, Lelia Helms, Carolyn Wanat
Brigham Young University Education and Law Journal

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1991

Review of Divorce Reform at the Crossroads (S. Sugarman & H. Kay, ed.), Leslie J. Harris
BYU Law Review

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No-Fault Divorce and the Divorce Conundrum, Lynn D. Wardle
BYU Law Review

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Review of M. Glendon: The Transformation of Family Law: State, Law, and Family in the United States and Western Europe, Jonathan O. Hafen
BYU Law Review

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Surrogacy Agreements (Review of C. Shalev: Birth Power), Marci L. Smith
BYU Law Review

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Review of H. Kuhse & P. Singer: Should the Baby Live? The Problem of Handicapped Infants, George Barbaresi
BYU Law Review

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The Ongoing Uncertainty of Surrogacy (Review of Field, Surrogate Motherhood), Lori A. DeMond
BYU Law Review

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Mixed Blessings: Intensive Care for Newborns A Report Card for Congress After the Baby Doe Legislation (Review of J. Guillemin & L. Holmstrom: Mixed Blessings: Intensive Care for Newborns), Monte M. Deere
BYU Law Review

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Examining Family Policies for a Pluralistic America (Review of Levitan, Belous, & Gallo: What's Happening to the American Family? Tensions, Hopes, Realities), Daniel W. Lewis
BYU Law Review

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Review of The American Family and the State (J. Peden & F. Glahe), Craig W. Dallon
BYU Law Review

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Review of Norman Daniels: Am I My Parents' Keeper? An Essay on Justice Between the Young and the Old, Jay M. Allen
BYU Law Review

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Adjusting to Unconventional Families in a Changing World (Review of Skolnick & Skolnick: Family in Transition: Rethinking Marriage, Sexuality, Child Rearing and Family Organization), Kristen H. Sorensen
BYU Law Review

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The State, the Family, and the Constitution: A Case Study in Flawed Bipolar Analysis, Earl M. Maltz
BYU Law Review

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Youth Crime and the Choice Between Rules and Standards, Lee E. Teitelbaum
BYU Law Review

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Should The Theory of Alimony Include Nonfinancial Losses and Motivations?, Ira Mark Ellman
BYU Law Review

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Rethinking Alimony: Marital Decisions and Moral Discourse, Carl E. Schneider
BYU Law Review

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Divorce Stories: Readings, Comments and Questions on Law and Narrative, Carol Weisbrod
BYU Law Review

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A Reminiscence About the Uniform Marriage and Divorce Act-And Some Reflections About Its Critics and Its Politics, Robert J. Levy
BYU Law Review

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Puzzling over Children's Rights, John E. Coons, Robert H. Mnookin, Stephen D. Sugarman
BYU Law Review

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Individualism and Autonomy in Family Law: The Waning of Belonging, Bruce C. Hafen
BYU Law Review

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1990

Limiting Incarceration for Civil Contempt in Child Custody Cases, David J. Harmer
Brigham Young University Journal of Public Law

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1989

J.W.F. v. Schoolcraft: The Husband's Rights to His Wife's Illegitimate Child Under Utah Law, Kim C. Stanger
BYU Law Review

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The Right to Abortion: Anomalous, Absolute, and Ripe for Reversal, James Bopp Jr., Richard E. Coleson
Brigham Young University Journal of Public Law

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Surrogacy and the Utah Surrogate Parenthood Act: The Need for an Unambiguous Statement, Jason C. DeMille
Brigham Young University Journal of Public Law

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1988

British Development in Alternative Dispute Resolution in Divorce, David Carey Miller
Brigham Young University Journal of Public Law

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1987

Clark Memorandum: Spring/Summer 1987, J. Reuben Clark Law School, J. Reuben Clark Law Society
The Clark Memorandum

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1986

The Putative Father's Due Process Rights to Notice and a Hearing: In re Baby Boy Doe, Carl Belliston
BYU Law Review

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Soviet Divorce Laws and the Role of the Russian Family, Michael D. Berger
BYU Law Review

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Immigration Restraints on International Adoption, Paul Davis Rytting
BYU Law Review

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1984

The Parent-Child Privilege, Robert L. Maxwell
BYU Law Review

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The Right to Life of the Unborn-An Assessment of the Eighth Amendment to the Irish Constitution, John A. Quinlan
BYU Law Review

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The Swedish Ban of Corporal Punishment, Dennis Alan Olsen
BYU Law Review

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The Unwarranted Abrogation of Interspousal Tort Immunity: Fernandez v. Ramo, Michael L. Schwab
BYU Law Review

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1982

The Federal Military Retirement System Preempts State Community Property Law at Divorce: McCarty v. McCarty, Samuel D. McVey
BYU Law Review

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1981

Loss of Consortium and the Unmarried Cohabitant: Bulloch v. United States, Paul D. Ellsworth
BYU Law Review

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Modification of Child Custody Predicated on Cohabitation of the Custodial Parent: Jarrett v. Jarrett, Fred D. Essig
BYU Law Review

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1980

Wrongful Life-Impaired Infant's Cause of Action Recognized: Curlender v. Bio-Science Laboratories, Merrill F. Nelson
BYU Law Review

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An Analytical Model to Assure Consideration of Parental and Familial Interests when Defining the Constitutional Rights of Minors-An Examination of In Re Scott K., Matthew Fenn Hilton
BYU Law Review

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Equal Protection for Illegitimate Children: A Consistent Rule Emerges, Scott E. Isaacson
BYU Law Review

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1979

Constitutional Law-Equal Protection-Parent and Child-Adoption-Unwed Father Has Equal Protection Right to Consent-Caban v. Mohammed, 441 U.S. 380 (1979).,
BYU Law Review

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Funded Adoption: A "Viable" Alternative to Abortion, Frederick R. Vandeveer
BYU Law Review

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1978

From the Mouths of Babes: Does the Constitutional Right of Privacy Mandate a Parent-Child Privilege?,
BYU Law Review

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Sterilization, Retardation, and Parental Authority,
BYU Law Review

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1977

Privity, Preclusion, and the Parent-Child Relationship, Kenneth W. Jennings
BYU Law Review

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1976

Child-Rearing and Child Advocacy, Albert J. Solnit
BYU Law Review

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State Intervention and the Family: Problems of Policy, William J. Goode
BYU Law Review

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The Rights of Parents, Robert J. Levy
BYU Law Review

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Status Offenses and the Status of Children's Rights: Do Children Have the Legal Right To Be Incorrigible?, Eric G. Andersen
BYU Law Review

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Children's Liberation and the New Egalitarianism: Some Reservations About Abandoning Youth to Their "Rights", Bruce C. Hafen
BYU Law Review

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The Loco Parent: Federal Policy and Family Life, Bruce C. Hafen
BYU Law Review

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