Nonmarital Fathers in Family Court: Judges’ And Lawyers’ Perspectives

This Article presents findings revealing judges and government attorneys’ perspectives regarding nonmarital fathers as parents. The findings are drawn from original empirical data generated in a rigorous and extensive five-year qualitative study investigating the experiences of low-income litigants in family court. Specifically, this Article examines the perspectives of the judges and family court commissions who preside over IV-D child supportContinue reading “Nonmarital Fathers in Family Court: Judges’ And Lawyers’ Perspectives”

The Price of Exit

The price of exit influences the terms of intimate relationships—and constitutes an important factor in distinguishing committed from contingent relationships. With or without legal recognition of the relationship itself, the dissolution of an intimate relationship requires disentangling any joint assets, determining who stays and who leaves a joint residence, and arranging the terms of continuingContinue reading “The Price of Exit”

Preferencing Nonmarriage In Later Years

Introduction Consider the following scenario: Bill and Betty were married to other people for most of their adult lives but met two years ago at a social event organized in their community for persons of a certain vintage who share an interest in particular activities, such as international travel or local cultural performances. They haveContinue reading “Preferencing Nonmarriage In Later Years”

Nonmarriage and Choice in South Africa and the United States

Introduction Should the law recognize unmarried couples as family for purposes such as joint adoption, workplace leave, property distribution upon dissolution, and intestate succession? Questions concerning nonmarital couples have captured the attention of U.S. legal scholars.[3] Research has drawn on other countries’ experiences extending legal recognition to nonmarital families.[4] Yet this scholarship has largely overlookedContinue reading “Nonmarriage and Choice in South Africa and the United States”

Antiabortion Civil Remedies and Unwed Fatherhood as Genetic Entitlement

Antiabortion civil remedy laws in effect in five states grant putative fathers the right to sue abortion providers for wrongful death regardless of their relationship to the gestating parent. While these laws represent an important new development in the movement to restrict the abortion right, they also expand parental recognition of unwed fathers. Constitutional lawContinue reading “Antiabortion Civil Remedies and Unwed Fatherhood as Genetic Entitlement”

Legitimizing Illegitimacy in Constitutional Law

The traditional constitutional law course is a staple of the first-year law school curriculum and a gateway to more advanced public law courses. In constitutional law, students are introduced to a range of topics—separation of powers, judicial review, suspect classifications, and protections for individual rights, among others. But curiously, few constitutional law courses discuss illegitimacyContinue reading “Legitimizing Illegitimacy in Constitutional Law”

Concerning the Japanese Public’s Evaluation of
Supreme Court Justices

The Article focuses on the author’s views concerning the decision of the Japanese Supreme Court towards the election of members in the House of Representatives and the House of Councilors. It highlights the Japanese Election Law which regulates the election of members in the Upper and Lower Houses. It stresses the disparities in voting powerContinue reading “Concerning the Japanese Public’s Evaluation of
Supreme Court Justices”