This Essay explores a type of legal pluralism found in secular societies, including the United States, in which minority groups adhere to unofficial religious law norms within a larger framework of state family law. Official and unofficial law are sometimes closely interwoven, as with the formalization of marriage, and sometimes stand directly in opposition, as with laws prohibiting the practice of polygamy. In an intermediate position, these societies have seen a complex interaction between secular and religious law in the context of marriage dissolution. The different opportunities presented by each legal system may generate significant strategic behavior by individuals, and these risks have prompted careful collaboration between religious and secular authorities in a number of jurisd...
A prominent Clayton family law firm has plunged into scandal over its handling of emailed evidence in a contentious custody dispute. The case has become the talk of a bitterly divided St. Louis family law bar and features a $25,000 sanction against Hais, Hais, Goldberger & Coyne, one of the highest-profile firms in the field locally, for being in receipt of hundreds of emails between opposing counsel and his client.
[...] advances in reproductive technology have made it possible for many infertile coupies to conceive and bear children.16 In these cases, surrogacy has become a more traditional method.17 There are three types of surrogacy arrangements: traditional surrogacy, gestational surrogacy, and donor surrogacy.18 Traditional surrogacy is an arrangement where a surrogate mother is artificially inseminated with the sperm of the husband or partner of the infertile woman.19 The surrogate carries the fetus to term and then relinquishes parental rights to the natural father and intended mother.20 In traditional surrogacy, the intended mother has no genetic connection with the child.21 As the second type of surrogacy arrangement, gestational surrogacy involves retrieving the intended mother's egg and...
Introduction. II. Crime And The Family: The Traditional Narrative. III. The Private Life Of Criminal Law. IV. Strange Bedfellows: Criminal Law And Family Law In State v. Koso. A. The Facts. B. Revealing Criminal Law And Family Law's Cooperative Regulation. C. Producing A Binary View Of Intimate Life. 1. The Prosecution. 2. The Public. 3. The Defense. 4. The Court. D. Reflecting On Koso. V. The Turn Towards Decriminalization. A. Affirming A Binary View Of Intimate Life-Griswold And Loving. 1. Griswold v. Connecticut. 2. Loving v. Virginia. B. Beyond The Binary-Eisenstadt And Lawrence. 1. Eisenstadt v. Baird. 2. Lawrence v. Texas. VI. Sex Without Law?. A. The Persistence Of A Binary View Of Intimate Life. B. The Problem Of Boundary Erosion. C. Reconstituting The Binary Within The Space...
Much has been made of the growing efforts by lawyers to "unbundle" their services in an effort to woo clients, asking them to pay for only what they need. Now, a small Minnesota family law firm is taking that concept in an unusual direction by offering flat-fee representation in cases that are often contentious and open-ended: contested divorces.
Specifically, this Essay examines the eighty-five Sharia courts operating in Great Britain today, which apply Islamic, not British, law to divorce and inheritance.3 It also examines the system of shared jurisdiction in Western Thrace, a section of Greece where three Mufti decide family disputes for a Muslim minority of 1 10,000 people.4 While this Essay spotlights experiments to enforce Islamic rather than civil understandings of family matters, numerous scholars have advocated for deference to the religious understandings of Christian, Jewish, and other faith groups as well.5 In both places, the civil law supplanted by fundamentalist religious norms would provide considerably more protection to individuals in two periods of great need, upon divorce and the death of a spouse. 14 Under ...
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