A more perfect union: a legal and social analysis of domestic partnership ordinances
Article Abstract:
Current domestic relations law has failed to provide recognition and support for new forms of relationship outside of marriage. Some municipalities have attempted to remedy this problem by passing domestic partnership ordinances, which typically allow relationships to be registered and extend benefits to partners of municipal employees. A more comprehensive model domestic partnership law is proposed, covering purpose, eligible parties, registration and records, responsibilities, rights of succession, durable power of attorney, prohibition of discrimination, parental rights and termination.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1992
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Membership in a particular social group under the Refugee Act of 1980: social identity and the legal concept of the refugee
Article Abstract:
The Refugee Act of 1980 includes in the definition of a refugee someone fleeing 'persecution on account of ... membership in a particular social group.' 'Social group' should be interpreted as a group with immutable membership and social significance in the culture. This interpretation allows refugees to be distinguished from displaced persons while permitting an otherwise broad construction of the category. The concept is illustrated by analysis of the Cuban Marielitos and a German case concerning persecution of gays in Iran.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1992
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Chancellor Kent and the history of legal literature
Article Abstract:
Chancellor James Kent influenced the development of US law as a professional specialty instead of a populist system. As a judge on the New York Supreme Court from 1798-1814 and on the Chancery Court from 1814-1823, Kent emphasized building a body of precedent through written opinions published in law reports. After teaching at Columbia University, Kent published his lectures as 'Commentaries on American Law,' a work in the institutionalist tradition of legal literature.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1993
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