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July 2013 Archives

The Tender Years Doctrine: Then and Now

The gender neutralization of custody battles is becoming increasingly level, but is it truly fair? Historically, the placement of children in relation to their parents has varied. When the English Common-Law system was established, it was common for children to essentially be considered property of their fathers and since women were not granted the ability to own any sort of property during that time, custody went to the fathers.

Same-Sex Marriage and Divorce

With the recent U.S. Supreme-Court ruling on Proposition 8 and same-sex marriages taking place in California in less than a month, how can we expect divorce rates to be affected? Using data from the U.S. Census Bureau, NBC Chicago shows that states that allow gay marriage display a 20% lower divorce rate on average than those that ban it. Is the correlation between the two direct? What other socio-economic factors might contribute to this trend?

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