Hofstra University law professor Joanna Grossman describes how, despite the many changes in marriage recognition laws across the country, we are seeing a return to marital status as the primary consideration in parentage laws.
Hofstra University law professor Joanna Grossman discusses the legal implications of the relatively rare biological phenomenon of heteropaternal twins—that is, twins with different fathers.
Cornell University law professor Sherry Colb discusses a question Justice Samuel Alito asked during oral argument last week in the same-sex marriage cases—whether non-romantic couples should have the right to marry.
Hofstra University law professor Joanna Grossman discusses one aspect the same-sex marriage case that the U.S. Supreme Court is hearing today, Obergefell v. Hodges. Specifically, Grossman considers whether the Fourteenth Amendment requires a state to recognize out-of-state marriages in the context of the history of interstate marriage recognition laws.
Hofstra University law professor Joanna Grossman discusses a recent decision on the residency requirement of New York’s divorce laws.
Hofstra University law professor Joanna Grossman discusses a recent decision by the Wyoming Supreme Court that highlights the need for courts and legislatures to clarify the rules of parentage.
Hofstra University law professor Joanna Grossman describes the path that the issue of same-sex marriage has taken to finally reach the U.S. Supreme Court this term.
Hofstra University law professor Joanna Grossman discusses a Mississippi case in which that state’s supreme court held that the children of a failed marriage cannot sue a responsible third party for “alienation of affection.”
Hofstra University law professor Joanna Grossman comments on the recent divorce settlement between Sue Ann and Harold Hamm in which Sue Ann received $1 billion—one of the biggest divorce settlements in history.
Hofstra University law professor Joanna Grossman comments on a recent decision by the Alabama Supreme Court refusing to interpret that state’s “slayer” statute in a way that defies the statutory scheme of inheritance.
Hofstra University law professor Joanna Grossman discusses a case in which the Nebraska Supreme Court held a five-year-old boy should keep his original surname despite petitions by each of his unmarried parents to change it. Grossman describes how the case reflects the many tensions over child naming aggravated by unwed parenting, divorce, and remarriage.
Hofstra University law professor Joanna Grossman discusses a recent ruling by the Tennessee Supreme Court obfuscating, rather than clarifying, that state’s laws on surrogacy agreements.
Cornell University law professor Sherry Colb differentiates state bans on incestuous marriages from bans on same-sex marriages by looking at the governmental interests the bans purportedly serve and the harm done to their targets. Colb argues that the U.S. Supreme Court can, if it wishes, use this distinction to strike down bans on same-sex marriages without also having to rule on bans on incestuous marriages.
Cornell University law professor Michael Dorf comments on two recent rulings on state bans on same-sex marriage—one by the U.S. District Court for the District of Louisiana upholding that state’s ban and the other by the U.S. Court of Appeals for the Seventh Circuit striking down bans in Indiana and Wisconsin. Dorf explains how a comparison of these two rulings reveals weaknesses in the case against marriage equality.
Hofstra University law professor Joanna Grossman chronicles the story of the late Anna Nicole Smith, who sought to share in the estate of her husband J. Howard Marshall II but after twenty years of litigation ended up with nothing.
Hofstra University law professor Joanna Grossman comments on a recent decision by the Supreme Court of New Hampshire recognizing that both women who raised a child (while they were in a relationship together) are legal parents, despite that only one is the biological mother. Grossman describes how that decision and others like it indicate an evolving understanding of parentage and how families are created.
Hofstra University law professor Joanna Grossman discusses a recent decision by the U.S. Court of Appeals for the Tenth Circuit upholding a lower court’s invalidation of a Utah ban on same-sex marriage. Grossman points out that while state same-sex marriage bans have been invalidated in sixteen different rulings across the country, this decision marks the first time a federal appeals court has so ruled.
Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman discuss the erosion of “heartbalm” laws—legal claims against the extramarital lover of one’s spouse—in North Carolina and West Virginia. Grossman and Friedman describe the history of these causes of action and their decline over time. They explain the reasoning behind two different courts’ rulings—a lower court in North Carolina and the Supreme Court of Appeals of West Virginia—independently striking down their respective state’s remaining heartbalm actions.
Hofstra University law professor Joanna Grossman comments on a recent divorce case in which a New York judge declared invalid a symbolic wedding in a Mexico resort. Grossman describes the facts of that case and the various complex issues the court considered in determining whether the couple was married under New York law.
Cornell University law professor Michael Dorf discusses how the lower courts’ consistent rulings in favor of same-sex marriage might influence a decision by the U.S. Supreme Court. Dorf observes that every single judge to rule on the question has relied on the Court’s 2013 decision in United States v. Windsor for the conclusion that SSM bans are unconstitutional. He concludes that while the lower courts’ decisions have no binding effect on the Supreme Court, they might serve as a legal barometer of what is legally plausible and as conduits of public opinion.