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Articles 1 - 7 of 7
Full-Text Articles in Law
Murder, Suicide, And The Fight Over An Inheritance, Joanna L. Grossman
Murder, Suicide, And The Fight Over An Inheritance, Joanna L. Grossman
Hofstra Law Faculty Scholarship
The seven-year marriage between Brandy and Joshua Matthews ended in tragedy. He shot and killed her before turning the gun on himself. There were no criminal charges arising out of this tragedy since the murderer died alongside the victim. But there was a civil fight over inheritance, raising the question whether Brandy’s family should inherit from Joshua’s estate. In a unanimous opinion, the Alabama Supreme Court said no -
Traditional Surrogacy In Tennessee: Strange Statute Begets Strange Judicial Ruling, Joanna L. Grossman
Traditional Surrogacy In Tennessee: Strange Statute Begets Strange Judicial Ruling, Joanna L. Grossman
Hofstra Law Faculty Scholarship
According to a recent article in the New York Times by Tamar Lewin, the United States has become – or is in the process of becoming – a mecca for foreign couples seeking the services of a surrogate to gestate a child for them. Theories differ as to the draw, but the lack of national policy or strict regulation is among the most likely suspects.
The End Of The Road: The Late Anna Nicole Smith’S Quest To Inherit Is Over, Joanna L. Grossman
The End Of The Road: The Late Anna Nicole Smith’S Quest To Inherit Is Over, Joanna L. Grossman
Hofstra Law Faculty Scholarship
Twenty years. Five times the length of the human relationship. Almost twenty times the length of the marriage. That’s the duration of the litigation about whether Anna Nicole Smith should share in the estate of her husband J. Howard Marshall II. The parties are long dead—J. Howard’s death at age 90 in 1995 gave rise to the estate and litigation over it; Anna Nicole died of a drug overdose at 39 in 2007; and J. Howard’s son (and Anna Nicole’s nemesis), Pierce Marshall, died at age 67 in 2006. Yet the litigation waged seven years after all the parties were …
Hard Labor: New Pregnancy Discrimination Guidance From The Eeoc, Joanna L. Grossman
Hard Labor: New Pregnancy Discrimination Guidance From The Eeoc, Joanna L. Grossman
Hofstra Law Faculty Scholarship
Pregnancy discrimination in the workplace is an intractable problem, one that has resulted in a startling number of claims each year to the Equal Employment Opportunity Commission (EEOC)—rising at a faster rate than women are joining the workforce—and increased media attention. But it has also led to extensive litigation that raises, in a variety of contexts, the question of what constitutes illegal pregnancy discrimination under federal law.
In light of these developments, the EEOC has just issued new Enforcement Guidance on pregnancy discrimination—its first in several decades—to explain its interpretation of applicable statutes. In this column, I’ll explain key …
Do Tell! The Rights Of Donor-Conceived Offspring, Naomi Cahn
Do Tell! The Rights Of Donor-Conceived Offspring, Naomi Cahn
Hofstra Law Review
The article discusses the legal rights of donor-conceived children in America, and it mentions U.S. constitutional rights, the laws associated with donor conception in the country, and the concept of double disclosure. Parental rights and children's interests are mentioned, along with respect for familial autonomy and various aspects of U.S. family and health laws. Sperm and egg (ovum) donations are examined, along with the nation's fertility industry and assisted reproductive technology.
Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt
Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt
Hofstra Law Review
The article discusses equal protection jurisprudence in America in relation to the U.S. Supreme Court's (USSC's) ruling in the 2013 marriage equality case United States v. Windsor. The views of USSC Justice Anthony Kennedy are mentioned, along with an unconstitutional animus legal doctrine and a heightened rational basis standard of review. The U.S. Constitution's Equal Protection Clause is addressed in relation to the nation's discrimination laws.
“Best Interests Of The Child”, Andrew Schepard
“Best Interests Of The Child”, Andrew Schepard
Hofstra Law Faculty Scholarship
Parents are essential to raising children. They love them, make major decisions for them, provide a roof over their heads. They offer emotional, educational, and economic support. In “intact” families, parents make decisions for their children jointly. There is no issue about where a child lives because parents live together with the child in the same place.