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Full-Text Articles in Law

Objeción De Conciencia, Ramiro De Valdivia Cano Apr 2012

Objeción De Conciencia, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

La plaga del divorcio se ve incrementada con la promulgación de leyes que violan las normas constitucionales de protección y promoción de la familia y el matrimonio. Pero esta plaga puede ser controlada si los magistrados, abogados, notarios y periodistas oponen la objeción de conciencia.


Equitable Distribution: Virginia Code Section 20-107, Ingrid Michelsen Hillinger, Sharon A. Henderson, David A. Glazer Jan 2012

Equitable Distribution: Virginia Code Section 20-107, Ingrid Michelsen Hillinger, Sharon A. Henderson, David A. Glazer

Ingrid Michelsen Hillinger

In Virginia traditional alimony was the only form of recompense allowed to a divorced spouse until 1977. Property was divided according to title, either his, hers or theirs. In 1977, the legislature added the possibility of a "lump sum payment" based upon the "property interests of the parties" after considering "the contributions, monetary and non-monetary, of each party to the well-being of the family," among other factors. This language gave little guidance as to when such an award might be appropriate or what specific factors were to be considered. A survey conducted by Ingrid Hillinger for the Family Law Section …


Los Retos Del Derecho De Familia En El S. Xxi, Ramiro E. De Valdivia Cano Dec 2011

Los Retos Del Derecho De Familia En El S. Xxi, Ramiro E. De Valdivia Cano

Ramiro De Valdivia Cano

Oblivion of family and matrimony rights in Peru is the source of paramount social and political problems.


El Art. 345-A Del Código Civil Del Perú, Ramiro De Valdivia Cano Jul 2011

El Art. 345-A Del Código Civil Del Perú, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

El Art. 345 A del Código Civil del Perú obliga al Juez que conoce del juicio de divorcio por separación de hecho, a pronunciarse sobre el pago de daños y perjuicios a favor del cónyuge más perjudicado -cuidando del debido proceso y de la garantía de la doble instancia.


Community Based Divorce Education Programmes: Short-Term And Longer-Term Impacts, Sherrill W. Hayes, Lori Pelletier Oct 2009

Community Based Divorce Education Programmes: Short-Term And Longer-Term Impacts, Sherrill W. Hayes, Lori Pelletier

Sherrill W. Hayes

Surveys of mandatory parent education in the USA (M J Geasler and K R Blaisure, ‘A review of divorce education programme materials’ (1998) 47 Family Relations 167–175; M J Geasler and K R Blaisure, ‘1998 Nationwide survey of court-connected divorce education programmes’ (1999) 37 Family and Conciliation Courts Review 36–63; S L Pollet and M Lombreglia, ‘A nationwide survey of mandatory parent education’ (2008) 46(2) Family Court Review 375–394) have demonstrated the positive impact of well-designed, evidence-based programmes on children and families. Divorce education programmes for parents are now required in many jurisdictions in 46 states in the USA (Pollet …


Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer May 2009

Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer

Jana B. Singer

No abstract provided.


Divorce Reform And Gender Justice, Jana B. Singer Apr 2009

Divorce Reform And Gender Justice, Jana B. Singer

Jana B. Singer

The modern shift from fault-based to no-fault divorce has disappointed those who expected the no-fault system to eliminate economic inequality between divorced women and men. The fact that women and their dependent children invariably experience economic hardship after a divorce has caused Lenore Weitzman and other commentators to romanticize the "good old days" of fault-based divorce. Professor Singer attacks the logic of this nostalgia by demonstrating that women were 'not[' better off under the fault-based system. She then proposes an investment partnership model of post-divorce allocation which would insure a fair result for both spouses.


Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer Apr 2009

Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer

Jana B. Singer

The Bankruptcy Code currently divides divorce-related obligations into two categories: awards or agreements in the nature of support are non-dischargeable; obligations arising from property divisions can be discharged in the same manner as ordinary commercial debts. Because recent developments in family law have undermined the support/property distinction and because privately negotiated divorce agreements often fail to distinguish between payments intended to serve as support and those intended to distribute property, the Code's reliance on this classification often leads to confusion and hardship for divorce obligees. In addition, because of the rise of equitable distribution as the dominant method of allocating …


The Rights Of Women And Role Of Superior Judiciary In Pakistan With Special Reference To Family Law Case From 2004-2008, Muhammad Munir Dr. Dec 2008

The Rights Of Women And Role Of Superior Judiciary In Pakistan With Special Reference To Family Law Case From 2004-2008, Muhammad Munir Dr.

Dr. Muhammad Munir

Granting and protecting the rights of women in the domain of family law remains one of the most important areas of legislation in Pakistan. The role of judiciary is vital to ensure that the rights of women are protected because decisions of the superior judiciary are binding on the lower courts under the doctrine of precedent. This work focuses on cases decided by the superior judiciary in Pakistan over the period of five years to know the various remedies sought by helpless women. This article finds that legislation in the area of family law protects women to a greater degree …


Parenting Coordination: Resolving High Conflict Parenting Disputes In The Usa, Sherrill W. Hayes Dec 2006

Parenting Coordination: Resolving High Conflict Parenting Disputes In The Usa, Sherrill W. Hayes

Sherrill W. Hayes

Research has demonstrated the significant negative impact of ongoing inter-parental conflict on children (PR Amato, ‘The Consequences of Divorce for Adults and Children’ (2000) 62(4) Journal of Marriage and the Family 1269; B Rodgers and J Pryor, Divorce and separation: The outcomes for children (Joseph Rowntree Foundation, 1998); J Wallerstein and S Blakeslee, The unexpected legacy of divorce (Hyperion, 2000)). In addition to the harm they may be causing their children, ‘high conflict’ separated and divorced parents have frustrated attorneys and created additional workloads for the courts. In reaction to these issues, courts and state legislatures have often turned to …


Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr. Dec 2005

Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.

Dr. Muhammad Munir

This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.


The Effect Of Context On Practice [Book Review], Susan D. Carle Dec 2003

The Effect Of Context On Practice [Book Review], Susan D. Carle

Susan D. Carle

A book review of the work Divorce Lawyers at Work: Varieties of Professionalism in Practice, by Lynn Mather, Craig McEwen & Richard J. Maiman. Oxford University Press 2001. Pp. 244. $60.00.


Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss Jan 2003

Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss

Rebecca J. Huss

This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.


The Marital Partnership Pretense And Career Assets: The Ascendancy Of Self Over The Marital Community, Alicia B. Kelly Dec 2000

The Marital Partnership Pretense And Career Assets: The Ascendancy Of Self Over The Marital Community, Alicia B. Kelly

Alicia B. Kelly

No abstract provided.


Explaining Intuitions: Relating Mergers, Contribution And Loss In The Ali Principles Of The Law Of Family Dissolution, Alicia B. Kelly Dec 2000

Explaining Intuitions: Relating Mergers, Contribution And Loss In The Ali Principles Of The Law Of Family Dissolution, Alicia B. Kelly

Alicia B. Kelly

No abstract provided.


Dealing With Professional Degrees In Divorce Cases, Ann H. Britton Dec 1986

Dealing With Professional Degrees In Divorce Cases, Ann H. Britton

Ann H. Britton

No abstract provided.