Examining Jurisdictional Child Protections in Gender Dysphoria Contexts
In: 2 Pro Tempore (Aug. 2023)
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In: 2 Pro Tempore (Aug. 2023)
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In: Virginia Lawyer Vol. 77 No. 1 June 2023, pp 26-28
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In: St. Mary's Journal on Legal Malpractice and Ethics. Volume 13 Issue 2, Forthcoming
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Working paper
In: Quinnipiac Probate Law Journal, Band 31, Heft __
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In: International Perspectives and Empirical Findings on Child Participation, S. 283-303
In: 29 BYU J. of Public Law 101 (2015)
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In: International Perspectives and Empirical Findings on Child Participation, eds (Gal, Duramy) Oxford University Press, 2015
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In: 23 Cardozo Journal of International and Comparative Law (JICL) 323 (2015)
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In: Washington and Lee Law Review, Band 71, S. 139
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In: VIRGINIA LAWYER | February 2014 | Vol. 62
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By analyzing a Tennessee bigamy case, a New York same-sex marriage case, and the growing cultural trend toward cohabitation over marriage, this article discusses how and why marriage is the best estate plan to protect vulnerable parties as they age. The article examines how marriage assists vulnerable parties in avoiding potential conflicts in estate planning and distribution, particularly when those parties have entered into alternative relationships. By focusing on the cases of Witherspoon, in which John Witherspoon entered into a bigamous second marriage, and Windsor, in which Edie Windsor is suing the U.S. government over the lack of federal tax recognition afforded her Canadian same-sex marriage, this article reveals how marriage expansion does not necessarily incentivize marriage, nor does it provide the benefits and protections often sought by those who enter into those marriage-like relationships. By contrasting the protection marriage affords to a vulnerable party in estate distribution and the dilemmas presented by marriage expansion (as illustrated in Witherspoon and Windsor) with the cultural disquiet over the importance of the nature and meaning of marriage, this article illuminates estate distribution conflicts in the context of the paradox of contemporary American socio-legal marriage culture. Despite the pop culture confusion over marriage, this article demonstrates why it is still the best default for estate planning conflicts.
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In: Virginia Lawyer, Band 60
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In: 6 Regent J. L. & Pub. Pol'y 1 (2013)
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In: Estate Planning and Community Property Law Journal, Band 3, S. 1
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