50 State Survey of Common Law Marriage Recognition and Requirements
Publications & Research
04 Sep 2026
This memorandum surveys all 50 states and the District of Columbia to determine common law marriage recognition and requirements.
LFAA is not a law firm and does not provide legal services or referrals. The contents of this resource do not constitute legal advice and the user of this resource agrees that no attorney-client relationship is being formed between the user and any person or entity, including LFAA and the lawyers or law firms that drafted the resource. LFAA makes no representation regarding the accuracy of any information included in this resource.
Working Groups
Featured LFAA Resources
Publications & Research
04 Sep 2025
Analysis of CA Emergency Protocols
Currently, the incarcerated population does not have clear regulations on emergency protocols should there be a disaster of some sort. For example, during COVID-19, the detention and incarceration facilities were ill-equipped to handle the massive exposure, illness, loss of life, and medical needs of the incarcerated population. The attached memo, chart, and tables provide an overview of laws and regulations regarding emergency protocols in detention & incarceration facilities. ...
Publications & Research
27 Aug 2025
Suing Local Governments and Employees (Monell Liability)
Monell claims are essential when seeking damages from municipalities, as local governments are not liable under 1983 on a respondeat superior theory. To succeed, Plaintiffs must prove a violation of federal law, and a causal link demonstrating that the local government is responsible for the federal law violation. This primer provides guidance on how to meet these necessary elements. ...
Publications & Research
17 Apr 2025
LFAA Homelessness Working Group Presents Zoning Issues and Affordable Housing
The affordability and availability of housing has become a critical issue in the United States. Home prices are drastically outpacing incomes nationwide, and homelessness was at a record high in 2024. These burdens disproportionately affect Black, Hispanic, and multiracial households, with homeownership rates among these groups significantly lower than those of White households. As the United States housing crisis continues, cities are continually coming up with new ways to address the issue. This memorandum provides a brief history of zoning, explores how zoning regulations have contributed to the current housing crisis, and examines innovative solutions that cities across the country are using to address restrictive zoning laws....
Publications & Research
28 Aug 2026
The American Bar Association is supporting Louisiana capital defenders in a project to oppose Louisiana's anticipated application for certification under Chapter 154 of Title 28 of the United States Code. Chapter 154 provides expedited procedures and limitations on federal habeas review in states that guarantee death-sentenced prisoners competent counsel and the litigation resources necessary to develop constitutional claims in state proceedings, with certification determined by the U.S. Attorney General. If Louisiana is certified, federal courts will likely be unable to hear or correct serious claims of constitutional error, including ineffective assistance of counsel and racial bias in capital cases. This project reviewed studies done about the number of hours required to provide competent representation in state post-conviction proceedings in capital cases....
Publications & Research
24 Aug 2026
Georgia Guide to Nonprofit Formation
The attached is a guide for creating a Georgia nonprofit. The guide includes pre-formation considerations, corresponding state statutes, as well as steps needed to complete incorporation. In addition, the guide sets forth the post-incorporation steps to ensure continued compliance with nonprofit legislation....
Publications & Research
24 Aug 2026
Louisiana Guide to Nonprofit Formation
The attached is a guide for creating a Louisiana nonprofit. The guide includes pre-formation considerations, corresponding state statutes, as well as steps needed to complete incorporation. In addition, the guide sets forth the post-incorporation steps to ensure continued compliance with nonprofit legislation....
Publications & Research
24 Aug 2026
Michigan Guide to Nonprofit Formation
The attached is a guide for creating a Michigan nonprofit. The guide includes pre-formation considerations, corresponding state statutes, as well as steps needed to complete incorporation. In addition, the guide sets forth the post-incorporation steps to ensure continued compliance with nonprofit legislation....
Publications & Research
24 Aug 2026
Mississippi Guide to Nonprofit Formation
The attached is a guide for creating a Mississippi nonprofit. The guide includes pre-formation considerations, corresponding state statutes, as well as steps needed to complete incorporation. In addition, the guide sets forth the post-incorporation steps to ensure continued compliance with nonprofit legislation....
Publications & Research
17 Jul 2026
Assessing the Constitutionality of MSI Program Criteria Under the Equal Protection Clause
On September 10, 2025, the United States Department of Education (“Department”) charged with implementing funding programs under the Minority-Serving Institutions Program (“MSI Program”) discontinued funding, claiming that the programs contain “racial quotas” violative of the equal-protection component of the 5th Amendment’s Due Process Clause. The Department’s action followed on the heels of a Solicitor General letter to Congress making the same assertion about the Hispanic-Serving Institutions Program, premised on the Department of Justice’s interpretation of Students For Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023). Thereafter, the Office of Legal Counsel issued its opinion about the constitutionality of the MSI Program. It, unsurprisingly, agreed with and expounded on the Solicitor General’s determination. The Department’s elimination of funding for MSI does grave disservice to over 5 million mostly low income and first-generation college students educated at these institutions. This memo analyzes the constitutionality of the MSI Program criteria....
Publications & Research
12 May 2026
Tennessee Local Eviction Moratorium Research Memo
Is there a good faith basis to argue that Nashville could lawfully implement an eviction moratorium? This memo covers the following research questions:...
Publications & Research
24 Mar 2026
Survey of Laws Restricting Abortion in the 50 States and U.S. Territories
This survey summarizes the varied tapestry of state and U.S. territory laws restricting access to abortion. It reflects the status of abortion laws between October 2025 and January 2026. ...
Publications & Research
23 Jan 2026
Guidebook on Use of Experts in Juvenile Justice Proceedings
This memorandum examines the role, admissibility, and strategic use of expert witnesses in juvenile justice proceedings, with a focus on federal standards and the laws of New York and California. While the Federal Rules of Evidence apply the Daubert standard to assess the reliability of expert testimony, both New York and California adhere to the Frye standard, which emphasizes general acceptance within the relevant scientific community. These standards apply similarly in juvenile cases, but some states, like California, have qualifications that the expert testimony addresses issues uniquely relevant to minors, such as developmental psychology, trauma, and mental health....
Publications & Research
04 Sep 2025
Analysis of CA Emergency Protocols
Currently, the incarcerated population does not have clear regulations on emergency protocols should there be a disaster of some sort. For example, during COVID-19, the detention and incarceration facilities were ill-equipped to handle the massive exposure, illness, loss of life, and medical needs of the incarcerated population. The attached memo, chart, and tables provide an overview of laws and regulations regarding emergency protocols in detention & incarceration facilities. ...
Publications & Research
27 Aug 2025
Suing Local Governments and Employees (Monell Liability)
Monell claims are essential when seeking damages from municipalities, as local governments are not liable under 1983 on a respondeat superior theory. To succeed, Plaintiffs must prove a violation of federal law, and a causal link demonstrating that the local government is responsible for the federal law violation. This primer provides guidance on how to meet these necessary elements. ...
Publications & Research
17 Apr 2025
LFAA Homelessness Working Group Presents Zoning Issues and Affordable Housing
The affordability and availability of housing has become a critical issue in the United States. Home prices are drastically outpacing incomes nationwide, and homelessness was at a record high in 2024. These burdens disproportionately affect Black, Hispanic, and multiracial households, with homeownership rates among these groups significantly lower than those of White households. As the United States housing crisis continues, cities are continually coming up with new ways to address the issue. This memorandum provides a brief history of zoning, explores how zoning regulations have contributed to the current housing crisis, and examines innovative solutions that cities across the country are using to address restrictive zoning laws....
Publications & Research
28 Aug 2026
The American Bar Association is supporting Louisiana capital defenders in a project to oppose Louisiana's anticipated application for certification under Chapter 154 of Title 28 of the United States Code. Chapter 154 provides expedited procedures and limitations on federal habeas review in states that guarantee death-sentenced prisoners competent counsel and the litigation resources necessary to develop constitutional claims in state proceedings, with certification determined by the U.S. Attorney General. If Louisiana is certified, federal courts will likely be unable to hear or correct serious claims of constitutional error, including ineffective assistance of counsel and racial bias in capital cases. This project reviewed studies done about the number of hours required to provide competent representation in state post-conviction proceedings in capital cases....
Publications & Research
24 Aug 2026
Georgia Guide to Nonprofit Formation
The attached is a guide for creating a Georgia nonprofit. The guide includes pre-formation considerations, corresponding state statutes, as well as steps needed to complete incorporation. In addition, the guide sets forth the post-incorporation steps to ensure continued compliance with nonprofit legislation....
Publications & Research
24 Aug 2026
Louisiana Guide to Nonprofit Formation
The attached is a guide for creating a Louisiana nonprofit. The guide includes pre-formation considerations, corresponding state statutes, as well as steps needed to complete incorporation. In addition, the guide sets forth the post-incorporation steps to ensure continued compliance with nonprofit legislation....
Publications & Research
24 Aug 2026
Michigan Guide to Nonprofit Formation
The attached is a guide for creating a Michigan nonprofit. The guide includes pre-formation considerations, corresponding state statutes, as well as steps needed to complete incorporation. In addition, the guide sets forth the post-incorporation steps to ensure continued compliance with nonprofit legislation....
Publications & Research
24 Aug 2026
Mississippi Guide to Nonprofit Formation
The attached is a guide for creating a Mississippi nonprofit. The guide includes pre-formation considerations, corresponding state statutes, as well as steps needed to complete incorporation. In addition, the guide sets forth the post-incorporation steps to ensure continued compliance with nonprofit legislation....
Publications & Research
17 Jul 2026
Assessing the Constitutionality of MSI Program Criteria Under the Equal Protection Clause
On September 10, 2025, the United States Department of Education (“Department”) charged with implementing funding programs under the Minority-Serving Institutions Program (“MSI Program”) discontinued funding, claiming that the programs contain “racial quotas” violative of the equal-protection component of the 5th Amendment’s Due Process Clause. The Department’s action followed on the heels of a Solicitor General letter to Congress making the same assertion about the Hispanic-Serving Institutions Program, premised on the Department of Justice’s interpretation of Students For Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023). Thereafter, the Office of Legal Counsel issued its opinion about the constitutionality of the MSI Program. It, unsurprisingly, agreed with and expounded on the Solicitor General’s determination. The Department’s elimination of funding for MSI does grave disservice to over 5 million mostly low income and first-generation college students educated at these institutions. This memo analyzes the constitutionality of the MSI Program criteria....
Publications & Research
12 May 2026
Tennessee Local Eviction Moratorium Research Memo
Is there a good faith basis to argue that Nashville could lawfully implement an eviction moratorium? This memo covers the following research questions:...
Publications & Research
24 Mar 2026
Survey of Laws Restricting Abortion in the 50 States and U.S. Territories
This survey summarizes the varied tapestry of state and U.S. territory laws restricting access to abortion. It reflects the status of abortion laws between October 2025 and January 2026. ...
Publications & Research
23 Jan 2026
Guidebook on Use of Experts in Juvenile Justice Proceedings
This memorandum examines the role, admissibility, and strategic use of expert witnesses in juvenile justice proceedings, with a focus on federal standards and the laws of New York and California. While the Federal Rules of Evidence apply the Daubert standard to assess the reliability of expert testimony, both New York and California adhere to the Frye standard, which emphasizes general acceptance within the relevant scientific community. These standards apply similarly in juvenile cases, but some states, like California, have qualifications that the expert testimony addresses issues uniquely relevant to minors, such as developmental psychology, trauma, and mental health....
Publications & Research
04 Sep 2025
Analysis of CA Emergency Protocols
Currently, the incarcerated population does not have clear regulations on emergency protocols should there be a disaster of some sort. For example, during COVID-19, the detention and incarceration facilities were ill-equipped to handle the massive exposure, illness, loss of life, and medical needs of the incarcerated population. The attached memo, chart, and tables provide an overview of laws and regulations regarding emergency protocols in detention & incarceration facilities. ...
Publications & Research
27 Aug 2025
Suing Local Governments and Employees (Monell Liability)
Monell claims are essential when seeking damages from municipalities, as local governments are not liable under 1983 on a respondeat superior theory. To succeed, Plaintiffs must prove a violation of federal law, and a causal link demonstrating that the local government is responsible for the federal law violation. This primer provides guidance on how to meet these necessary elements. ...
Publications & Research
17 Apr 2025
LFAA Homelessness Working Group Presents Zoning Issues and Affordable Housing
The affordability and availability of housing has become a critical issue in the United States. Home prices are drastically outpacing incomes nationwide, and homelessness was at a record high in 2024. These burdens disproportionately affect Black, Hispanic, and multiracial households, with homeownership rates among these groups significantly lower than those of White households. As the United States housing crisis continues, cities are continually coming up with new ways to address the issue. This memorandum provides a brief history of zoning, explores how zoning regulations have contributed to the current housing crisis, and examines innovative solutions that cities across the country are using to address restrictive zoning laws....

