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Nameless Persons Legal Discrimination Against Non-Marital Children in the United States
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Martha T. Zingo, Kevin E. Early
Book Code: C4711
ISBN: 0-275-94711-4
ISBN-13: 978-0-275-94711-8
192 pages
Praeger Publishers
Publication: 8/30/1994
List Price: $98.95 (UK Sterling Price: £57.95)
Availability: Out of stock
Media Type: Hardcover
Also Available: Ebook
Trim Size: 6 1/8 x 9 1/4
Subjects:
Description: This study examines the legal discrimination suffered in the United States by children born out of wedlock. The authors analyze the Supreme Court's equal protection birth status decisions from 1968 to 1992 and, in a case-by-case analysis, trace the development of the Court's rulings, examine the pattern of equal protection tests utilized, and evaluate the consistency of the Court's position. In addition, the work examines the related discrimination suffered by the families of non-marital children, especially single parents and alternative family units, and concludes that it is impossible to gain full equality for children born out of wedlock unless equality is also gained for their family unit. Toward these ends, the authors suggest a feminist jurisprudence as a methodology for addressing the underlying issue at the crux of birth status distinctions.
Table of Contents:
  • Some Truths Are Not Self-Evident: Birth Status--Historical Foundations and Feminist Critique
  • Introduction
  • Terminology
  • Masculinist and Feminist Perspectives: The Feminist Challenge
  • Methodological Framework
  • The Nuclear Family and the Dependent Status of Women
  • Historical Overview
  • Women and Supreme Court Decisions
  • Conclusion
  • Burdening the "Nameless" and Their Parents: Case Analysis
  • Introduction
  • Wrongful Death
  • Fathers' Rights
  • Financial Assistance--State Benefits
  • Financial Assistance--Federal Benefits
  • Inheritance
  • Paternity and Support Actions
  • Immigration
  • Perspective Shades Perception: Equal Protection Theory
  • Introduction
  • First Approach: Identify Relevant Characteristics
  • Second Approach: Identify Substantive Rights
  • Third Approach: Identify the Illusion
  • Conclusion
  • In the Best of All Possible Worlds . . .
  • Introduction
  • International Normative Standards
  • Liberal Legal Theory
  • Critical Legal Theory
  • Feminist Jurisprudence
  • Conclusion
  • References
  • Index
LC Card Number: 94-8550
LCC Class: KF543
Dewey Class: 346.7301
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