556 research outputs found
Sort by
The Dobbs Effect: Abortion Rights in the Rear-View Mirror and the Civil Rights Crisis that Lies Ahead
No full text
Miami is Setting the Expectation on How Coastal Communities in Florida Should Respond to Protect Homeowners from the Sinking State
Full text linkThis note begins by explaining what environmental factors are causing the sea level rise to increase at just a rapid pace and how coastal communities are ultimately affected. Because Florida is a slice of paradise within the states, it causes the population to increase vastly. Thus, millions of homeowners could face tragic consequences, such as total inundation of residential homes, flooding within the community, and a drastic decrease in home value. In response to this natural disaster, in 2021, Governor Ron DeSantis passed Senate Bill 1954 into law, which requires the Department of Environmental Protection to complete a statewide flood risk and sea-level rise data assessment to submit to the Governor. Senate Bill 1954 also gives $100 million in grants to aid local governments in combating the rising sea levels. Moreover, the note assesses what Miami is currently doing with the funding since the city is extremely vulnerable and how Miami sets an example for other coastal communities to respond similarly. Lastly, the note concludes by exploring environmentally friendly alternatives to protect homeowners from the rising sea level, such as comparing how other parts of the world are responding and how feasible it is for Florida to respond alike
The Time Is Now: A Call for Federal Elimination of Non-Competes Against Low-Wage and Hourly Workers in the Wake of the Pandemic
No full textParental Alienation in Family Court: Attacking Expert Testimony
Full text linkIn child custody litigation, when a parent raises the possibility of child abuse, the accused parent may respond that the parent wo has raised the possibility of abuse is alienating the child in an effort to gain an unfair advantage in court. The parent accused of abuse may offer expert testimony on parental alienation. A voluminous and contentious social science literature exists on parental alienation. Family law attorneys often lack ready access to social science literature. The purpose of this article is to give family law attorneys information from the parental alienation literature that can be used to cross-examine experts who testify on parental alienation
Hopefully Enduring: How North Carolina’s Divorce Laws Violate the First Amendment
Full text linkThe phrase “til death do us part” is both poetic and aspirational. It is the ubiquitous vow Americans make to one another when they marry[1] and embark on what is “hopefully enduring.”[2] But life does not always meet the aspirational marks we set and that is most true in the context of marriage and divorce. Each state enjoys nearly exclusive control over this intimate relationship, which results in different regulatory schemes across the United States.[3] Changes in Supreme Court jurisprudence over time ensured state regulation of marriage did not run afoul of the Constitution.[4] These decisions found marriage to be a fundamental right under the Fourteenth Amendment.[5] The Court addressed the issue of divorce in the same context.[6] But the Court has yet to squarely address the issue of marriage and divorce under the First Amendment. Divorce might very well be a fundamental right under a similar substantive due process analysis, but that is not the only potential source of its constitutional protection.[7] This comment provides the framework to argue that North Carolina’s year-long separation requirement is unconstitutional under the First Amendment because it violates an individual’s right to freedom of expressive association, freedom of intimate association, and freedom from compelled speech.
[1] Caralynn Lippo, Why We Say “Until Death Do Us Part” In Wedding Vows, RedBook (Apr. 24, 2017), https://www.redbookmag.com/love-sex/relationships/a49934/until-death-do-us-part-wedding-vows-origin/#:~:text=The%20oldest%20standard%20wedding%20vows,to%20love%2C%20cherish%2C%20and%20to.
[2] Griswold v. Connecticut, 381 U.S. 479, 486 (1965) (“We deal with a right of privacy older than the Bill of Rights – older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred.”) (emphasis added).
[3] Boddie v. Connecticut, 401 U.S. 371, 385 (1971) (Douglas, J., concurring) (“The power of the States over marriage and divorce is, of course, complete except as limited by specific constitutional provisions.”); Sosna v. Iowa, 419 U.S. 393, 404 (1975) (“The durational residency requirement under attack in this case is a part of Iowa’s comprehensive statutory regulation of domestic relations, an area that has long been regarded as a virtually exclusive province of the States.”).
[4]See Zablocki v. Redhail, 434 U.S. 374, 375 (1971); see also Sosna, 419 U.S. at 404; see also Loving v. Virginia, 388 U.S. 1, 2 (1967); see alsoObergefell v. Hodges, 576 U.S. 644, 645 (2015).
[5] Loving, 388 U.S. at 12.
[6] Boddie, 401 U.S. at 374 (holding a Connecticut divorce law unconstitutional per the due process clause of the Fourteenth Amendment because the law denied access to the courts based on an inability to pay fees).
[7] See Cathy J. Jones, The Rights to Marry and Divorce: A New Look at Some Unanswered Questions, 63 Wash. U. L. Rev. 577, 579-588 (1985); see also Elizabeth Horowitz, The “Holey” Bonds of Matrimony: A Constitutional Challenge to Burdensome Divorce Laws, 8 U. Pa. J. Const. L. 877, 879(2006)