Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2001, No. 3, 2001

A Nonfeminist's Perspectives of Mothers and Homemakers under Chapter 2 of Tha ALI Principles of the Law of Family Dissolution
A Nonfeminist's Perspectives of Mothers and Homemakers Under Chapter 2 of the ALI Principles of the Law of Family Dissolution* I. INTRODUCTION From the vantage point of a nonfeminist mother and homemaker, chapter 2, as well as chapter 6, of the ALI Principles...
A Small Step Forward: The ALI Domestic Partners Recommendation
A Small Step Forward: The ALI Domestic Partners Recommendation* I. INTRODUCTION The American Law Institute ("ALI") has recently recommended that nonmarital, cohabiting couples should be presumed to have taken on certain financial obligations with respect...
A Weighty Issue: Will Pharmacists Survive the Fen-Phen Feeding Frenzy? Kohl V. American Home Products Corporation and a Pharmacist's Duty to Warn of the Dangers of Prescription Drugs
I. INTRODUCTION In 1996, pharmacists dispensed over 18 million prescriptions for fenfluramine in the United States.' As the more dangerous half of the diet drug combination popularly known as "Fen-Phen," fenfluramine promised overweight Americans something...
Balancing "Parents Are" and "Parents Do" in the Supreme Court's Constitutionalized Family Law: Some Implications for the ALI Proposals on De Facto Parenthood
Balancing "Parents Are" and "Parents Do" in the Supreme Court's Constitutionalized Family Law: Some Implications for the ALI Proposals on De Facto Parenthood* I. INTRODUCTION Chapter 2 of the American Law Institute's ("ALI") proposed Principles of the...
Competing Approaches to Same-Sex versus Opposite-Sex, Unmarried Couples in Domestic Partnership Laws and Ordinances
Competing Approaches to Same-Sex Versus Opposite-Sex, Unmarried Couples in Domestic Partnership Laws and Ordinances* I. INTRODUCTION Efforts to enact domestic partnership schemes like that embodied in chapter 6 of the ALI Principles of the Law of Family...
Deconstructing Family: A Critique of the American Law Institute's "Domestic Partners" Proposal
Deconstructing Family: A Critique of the American Law Institute's "Domestic Partners" Proposal* I. INTRODUCTION In promulgating the Principles of the Law of Family Dissolution: Analysis and Recommendations (hereinafter "Family Dissolution Principles"...
Domestic Partnership Laws in the United States: A Review and Critique
Domestic Partnership Laws in the United States: A Review and Critique* I. INTRODUCTION Arrangements providing for employment and other social benefits based on "domestic partnership" status are becoming increasingly common in both the private and the...
Introduction to the Symposium on the American Law Institute's Principles of the Law of Family Dissolution
On February 1-3, 2001, several dozen leading family law scholars joined a number of other scholars from other disciplines and family law practitioners at Brigham Young University's J. Reuben Clark Law School for a Symposium entitled The ALI Family Dissolution...
Learning from the Process of Decision: The Parenting Plan
Learning from the Process of Decision: The Parenting Plan* I. INTRODUCTION In her recent overview of women's rights and family law,1 Herma Hill Kay succinctly characterizes the divorce reform movement of the 1960s, the "full-scale campaign to reverse...
Protecting against International Infringements in the Digital Age Using United States Copyright Law: A Critical Analysis of the Current State of the Law
I. INTRODUCTION With the advent of the Internet and its exploding use in the past few years, intellectual property protections have advanced to the forefront of conversation, litigation, and legislation as governments, businesses, and consumers strive...
Resolving Relocation Issues Pursuant to the ALI Family Dissolutuion Principles: Are Children Better Protected?
Resolving Relocation Issues Pursuant to the ALI Family Dissolution Principles: Are Children Better Protected?* I. INTRODUCTION In our increasingly mobile society,1 a number of factors may prompt a custodial parent to consider relocating after the divorce...
Single-Sex "Marriage": The Role of the Courts
Single-Sex "Marriage": The Role of the Courts* As a Burkean conservative, I entertain a strong presumption against change in long-standing basic social arrangements and institutions. However, I will not directly discuss the merits of the singlesex "marriage"...
The Likely Impact of All ALI Principles of the Law of Family Dissolution on Property Division
The Likely Impact of the ALI Principles of the Law of Family Dissolution on Property Division* I. INTRODUCTION After a twenty-two-year marriage, a husband left his wife and children and filed for divorce. The couple's property included the marital residence,...
The New "Extended Family"-"De Facto" Parenthood and Standing under Chapter 2
The New "Extended Family""De Facto" Parenthood and Standing Under Chapter 2* Can parental rights-and, by implication, children-be acquired by adverse possession? More concretely, as now proposed by the American Law Institute, should ex-stepparents, ex-live-ins,...
The Sixth Circuit Dropped the Ball: An Analysis of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n in Light of the Supreme Court's Recent Trends in State Action Jurisprudence
I. INTRODUCTION If you ask any junior high or high school student what they most like about school, a significant number of them will unblinkingly respond, "Playing sports."' For the most part, this is a uniquely American phenomenon because, unlike many...
Toward a Unified Field Theory of the Family: The American Law Institute's Principles of the Law of Family Dissolution
I. INTRODUCTION: THE CONSOLIDATION OF FAMILY LAW The American Law Institute ("ALI") recently approved the Principles of the Law of Family Dissolution: Analysis and Recommendations (the "Family Dissolution Principles" or "Principles"), proposing a wide...
What Constitutional Law Can Learn from the ALI Principles of Family Dissolution
What Constitutional Law Can Learn from the ALI Principles ofFamily Dissolution* In assessing the interplay of a statutory scheme and the Constitution, the usual question is whether the drafters of the code have taken sufficient account of the constitutional...
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