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Topic: Family Law

Registering Relationships

Erez Aloni | Article

Despite the dramatic changes in family structure in the past decades—including the unprecedented and skyrocketing number of families who live in nonmarital arrangements— marriage and marriage-mimic institutions remain the only legal options for the recognition of relationships. This regulatory regime leaves millions of Americans without the means to establish and protect relationship rights. This Article suggests that the legal issues arising from nonmarital relationships would be best addressed if more options for legal recognition of such relationships were offered. Accordingly, this Article presents the primary principles of a registration-based marriage alternative that is founded on contract: “registered contractual relationships” (RCRs). [...]

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Beyond Law Enforcement: Camreta v. Greene, Child Protection Investigations, and the Need To Reform the Fourth Amendment Special Needs Doctrine

Josh Gupta-Kagan | Article

The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other special need, excusing non-law-enforcement searches and seizures from the warrant and probable cause requirements.  The United States Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not around those that threaten important noncriminal constitutional rights.

Child protection investigations illustrate the problem:  millions of times each year, state child protection authorities search families’ homes and seize children for interviews about alleged maltreatment.  Only a minority of these investigations [...]

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