Law Commons^™

Criminal Law—Private Eavesdropping—Second Circuit Finds Marital Dispute Implicitly Exempted From The Federal Wiretapping Act. Anonymous V. Anonymous, Roslyn A. Lipton

Buffalo Law Review

No abstract provided.

Domestic Relations—Disposition Of Property Upon Termination Of Nonmarital Cohabitation—Marvin V. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), Linda R. Larson

Washington Law Review

Plaintiff and defendant began living together in 1964. At that time they entered into an oral agreement whereby they would combine their earnings and efforts and would share equally in all property accumulated while they cohabited. Plaintiff averred that, in addition, they agreed to hold themselves out to the general public as husband and wife, although both knew defendant was legally married to another woman. Plaintiff then consented to give up her career as an entertainer in exchange for financial support from defendant for the rest of her life. For the following seven years, plaintiff rendered full-time services as a …

Spruce Run News (November 1977), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Kulko V. Superior Court Of California In And For The City And County Of San Francisco (Horn, Real Party In Interest), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Quilloin V. Walcott, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Spruce Run News (September 1977), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Privity, Preclusion, And The Parent-Child Relationship, Kenneth W. Jennings

BYU Law Review

No abstract provided.

Department Of Health And Rehabilitative Services V. Herzog, 317 So. 2d 865 (Fla. 2d Dist. Ct. App. 1975), M. Catherine Lannon

Florida State University Law Review

Constitutional Law- ADOPTION- FATHER OF AN ILLEGITIMATE CHILD IS NOT NECESSARILY ENTITLED TO NOTICE IN ADOPTION PROCEEDINGS.

Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand

Indiana Law Journal

No abstract provided.

Prohibiting Nonaccess Testimony By Spouses: Does Lord Mansfield's Rule Protect Illegitimates?, Michigan Law Review

Michigan Law Review

Not surprisingly, there has been widespread disagreement concerning the validity of the policies advanced in support of Lord Mansfield's Rule and the efficacy of the rule to promote those policies. This Note assesses the validity of this rule of evidence in order to determine whether it is the most appropriate method of safeguarding the interests affected by the litigation of legitimacy. First, the historical development and justifications for Lord Mansfield's Rule are identified, and, in section II, the extent of the current acceptance of the rule in the United States is delineated. Section III analyzes traditional arguments advanced in support …

Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers

Articles

Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …

Comparative Reflections Of The "New Matrimonial Jurisprudence" Of The Roman Catholic Church, Charles Donahue Jr.

Michigan Law Review

A recent review of some developments in the law of the Roman Catholic Church concerning the annulment of marriages suggested to me that these developments might be of interest to an audience wider than that composed of those professionally or religiously concerned with the activities of the Church's tribunals. In particular, these developments may reveal something about the problem of incorporating the findings of modern psychology and psychiatry into a legal system, about the ways courts behave when confronted with social change, and perhaps even about the problematic relationship between law and morality. What follows, then, is a series of …

Spruce Run News (April 1977), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Who Polices Child Abuse And Neglect On Military Enclaves Over Which The Federal Government Exercises Exclusive Jurisdiction, William D. Acton Jr.

North Carolina Central Law Review

No abstract provided.

Marital Agreements In Contemplation Of Divorce, Barbara Klarman

University of Michigan Journal of Law Reform

Romantic notions that marriage is forever are beginning to give way to the more realistic assessments that marriages indeed may not last. The pressure has been mounting for ways to provide economic planning to parties in the relatively likely event that their marriages terminate in divorce. The purpose of this article is to focus on one method of obtaining such planning: the marital agreement setting forth the support and property distribution which the parties would follow in the event of divorce. This article will review the law regarding marital agreements in contemplation of divorce as it exists in the United …

Illegitimates And Equal Protection, David Hallissey

University of Michigan Journal of Law Reform

Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Marital Status And Eligibility For Federal Statutory Income Benefits: A Historical Survey, Marjorie Dick Rombauer

Washington Law Review

In an era when attitudes toward marriage institutions are changing and it has become a truism that governmentally dispensed benefits constitute "the new property," the extent to which marital status is a determinant of the right to receive such benefits is a subject of particular interest. The purpose of this article is to survey that subject. More specifically, this article will trace congressional and administrative efforts to arrive at acceptable definitions of who should be treated as a wife/widow (or husband/widower), so as to be entitled to particular statutory benefits, and similar efforts to define when the status- relationship has …

Dissolution Of Marriage—Jurisdiction Over Nondomiciliary Service Members: Time To Adopt A New Jurisdictional Analysis—In Re Marriage Of Ways, 85 Wn. 2d 693, 538 P.2d 1225 (1975); Wash. Rev. Code § 26.09.030 (1975), Bruce A. Robertson

Washington Law Review

On November 30, 1973, Raymond A. Ways, a member of the United States Navy on active military duty, filed a petition for dissolution of marriage in a Washington superior court. Ways had been stationed in Washington aboard the USS Enterprise (then undergoing repairs at the Puget Sound Naval Shipyard, Bremerton, Washington) since October 1973, but neither he nor his wife had ever been domiciled in Washington. Ways filed his petition in reliance upon R.C.W. § 26.09.030, a statute allowing members of the armed forces stationed in Washington to petition for dissolution of marriage in the state. On February 2, 1974, …

Consent Of 'Unfit' Parents Needed For Adoption—Unless Their Rights Are First Terminated, Susan W. Gibson

Mercer Law Review

In Johnson v. Eidson, the Georgia Supreme Court held that "moral unfitness" of natural parents is not an exception to the statutory prerequisite that natural parents consent to their children's adoption.

The maternal grandparents of Lewis and Jimmy Lynn Johnson had petitioned the court to allow them to adopt their grandchildren without the consent of the natural parents. Their petition was based on (1) their temporary custody of the children, which was granted by a juvenile court after the children had been found in a condition of neglect; (2) abandonment by the natural parents; and (3) the unfit and …

The State Vs. The Family: Does Intervention Really Spare The Child?, Susan R. Rogers

Mercer Law Review

Courts all across this country are attempting to balance the interests of children and parents. It has long been the general rule that natural parents, if considered fit, have the right to the custody of their children, uninterrupted even by a state exercising its parens-patriae power. This right of the natural parent has traditionally taken precedence over the interests of everyone else, including the best interests of the child.

There has been a recent trend, however, toward paying more attention to what the court feels is in the best interests of the child. Although the law is still weighted in …

Apportionment Of Community Property Interests In Prospective Military Retirement Benefits Upon Divorce., Charles H. Rennick

St. Mary's Law Journal

Abstract Forthcoming.

Prior To Accrual, Military Retirement Pension Earned During Coverture Is Community Property Subject To Division At Time Of Divorce., Mary Elizabeth Carmody

St. Mary's Law Journal

Abstract Forthcoming.

Paternal Custody Of The Young Child Under The Kentucky No-Fault Divorce Act, David A. Bratt

Kentucky Law Journal

No abstract provided.

Dissolution Of Marriage And The Bankruptcy Act Of 1973: "Fresh Start" Forgotten, Carl D. Young

Indiana Law Journal

No abstract provided.

Child Abuse: The Role Of Adoption As Preventative Measure, 10 J. Marshall J. Prac. & Proc. 546 (1977), Mark S. Kaizen

UIC Law Review

No abstract provided.

Support V. Alimony In Virginia: It's Time To Use The Revised States, Joel H. Holt

University of Richmond Law Review

The concept of alimony has been a traditional fixture in the law of divorce ever since the early common law. Since the church was the foundation for the institution of marriage, it was only logical that the separation of husband and wife was a matter for the ecclesiastical courts in early England. Ecclesiastical decrees, however, did not dissolve the marriage but only resulted in a "legal" separation, commonly known as a divorce a mensa et thoro. In making such a decree, it was obviously necessary for the courts to make a discretionary award of support for the wife since at …

Alimony And Child Support In Ohio: New Directions After Dissolution, William Louis Tabac

Cleveland State Law Review

Recent decisions by the Ohio Supreme Court will undoubtedly have significant impact upon post-dissolution alimony and child support. In rejecting basic premises upon which domestic relations courts have historically ordered such payments, the court has set new directions. Traditional notions of sex-based roles in the support of the family have been set aside and new standards, based upon the needs of the parties and the factual circumstances in particular cases, have been established. As a result, the husband's statutory duty to support his wife and children during marriage will no longer govern his responsibilities toward the family following dissolution, and …

The New Article 310 Of The French Civil Code For International Divorce Actions, Thomas E. Carbonneau

Journal Articles

The variety and complexity of the legal issues that can confront a French court in an international divorce action may best be illustrated by a description of the basic factual pattern of, and the initial arguments advanced in, some of the more typical cases:

1. French National Spouse v. Foreign National Spouse
2. The Validity of a Prior Foreign Divorce Decree
3. Foreign National Spouses With Immigrant Status in France
4. Spouses of Foreign Nationality with Domiciliary Status in France

Although disparate, the facts of these four hypothetical cases point to and are unified by two salient legal issues: one jurisdictional in nature and …