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Revisiting Revocation Upon Divorce?, Naomi R. Cahn
Revisiting Revocation Upon Divorce?, Naomi R. Cahn
GW Law Faculty Publications & Other Works
In an increasing number of states, divorce presumptively renders an ex-spouse ineligible to benefit from the testator’s will. Divorce may also impact other revocable dispositions in favor of the ex-spouse and exclude the ex-spouse’s family members from benefitting in any way from the decedent’s death. Revocation upon divorce statutes have become more common as divorce itself has become more common, and courts have been quite rigorous in interpreting the statutes, creating an almost irrevocable presumption of revocation. By contrast, other countries vary in their approaches to the effect of a divorce on testamentary and nonprobate transfers to an ex-spouse and …
Studying The “New” Civil Judges, Jessica K. Steinberg, Anne E. Carpenter, Colleen Shanahan, Alyx Mark
Studying The “New” Civil Judges, Jessica K. Steinberg, Anne E. Carpenter, Colleen Shanahan, Alyx Mark
GW Law Faculty Publications & Other Works
We know very little about the people and institutions that make up the bulk of the United States civil justice system: state judges and state courts. Our understanding of civil justice is based primarily on federal litigation and the decisions of appellate judges. Staggeringly little legal scholarship focuses on state courts and judges. We simply do not know what most judges are doing in their day-to-day courtroom roles or in their roles as institutional actors and managers of civil justice infrastructure. We know little about the factors that shape and influence judicial practices, let alone the consequences of those practices …
Bifurcating Settlements, Michael B. Abramowicz, Sarah Abramowicz
Bifurcating Settlements, Michael B. Abramowicz, Sarah Abramowicz
GW Law Faculty Publications & Other Works
In settling a lawsuit, parties agree on their obligations to one another, but they need not separately address each issue, claim, or remedy that a trial court would have confronted. The legal system, however, can bifurcate the settle-ment process, requiring separate resolution of components of a settlement. Bi-furcation can protect third parties, for example, by preventing divorcing parents from trading child custody for money. In addition to identifying a wide range of contexts in which preventing trade-offs may be desirable, this Article shows that bifurcation will generally have only modest (and sometimes beneficial) effects on settlement rates.