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Full-Text Articles in Law
Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin
Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin
William & Mary Bill of Rights Journal
American divorce law was transformed by the Supreme Court in a series of decisions beginning with Williams v. North Carolina in 1942. These constitutional full faith and credit cases resolved a long-standing federalism problem by redefining the scope of state power over marital status. With these decisions, the Court shifted from an analysis based on the competing interests of different states to an approach that highlighted the individual interests of the parties involved. This change fundamentally altered state power over the family by extending to individuals greater control of their marital status. In the process, the Court cleared a path …
Family And Juvenile Law, Lynne Marie Kohn
Family And Juvenile Law, Lynne Marie Kohn
University of Richmond Law Review
No abstract provided.
Addicted To Fault: Why Divorce Reform Has Lagged In New York, J. Herbie Difonzo, Ruth C. Stern
Addicted To Fault: Why Divorce Reform Has Lagged In New York, J. Herbie Difonzo, Ruth C. Stern
Pace Law Review
No abstract provided.
Justice Abandoned: Forty Years Of Stalemate In Actions For Divorce On The Ground Of Abandonment, Dolores Gebhardt, Sondra Miller
Justice Abandoned: Forty Years Of Stalemate In Actions For Divorce On The Ground Of Abandonment, Dolores Gebhardt, Sondra Miller
Pace Law Review
No abstract provided.
Kramer Vs. Kramer Revisited: A Comment On The Miller Commission Report And The Obligation Of Divorce Lawyers For Parents To Discuss Alternative Dispute Resolution With Their Clients, Andrew Schepard
Pace Law Review
No abstract provided.
The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling
The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling
Pace Law Review
No abstract provided.
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Pace Law Review
No abstract provided.
O'Brien V. O'Brien: A Failed Reform, Unlikely Reformers, Ira Mark Ellman
O'Brien V. O'Brien: A Failed Reform, Unlikely Reformers, Ira Mark Ellman
Pace Law Review
No abstract provided.
Appendix A: Matrimonial Commission Of The State Of New York, Report To The Chief Judge Of The State Of New York , Sondra Miller
Appendix A: Matrimonial Commission Of The State Of New York, Report To The Chief Judge Of The State Of New York , Sondra Miller
Pace Law Review
No abstract provided.
Comments On The Miller Commission Report: A California Perspective, Leonard Edwards
Comments On The Miller Commission Report: A California Perspective, Leonard Edwards
Pace Law Review
No abstract provided.
Divorcees Turn About In Their Graves As Ex-Spouses Cash In: Codified Constructive Trusts Ensure An Equitable Result Regarding Erisa-Governed Employee Benefit Plans, Sarabeth A. Rayho
Divorcees Turn About In Their Graves As Ex-Spouses Cash In: Codified Constructive Trusts Ensure An Equitable Result Regarding Erisa-Governed Employee Benefit Plans, Sarabeth A. Rayho
Michigan Law Review
A revocation-by-divorce statute essentially nullifies a devise in a divorced decedent's will when the devise bequeaths property to the decedent's ex-spouse and the will was executed during their marriage. Until recently, state revocation-by-divorce statutes unquestionably applied not only to wills but also to will substitutes, including ERISA-governed employee benefit plans. In 2001, the Supreme Court held in Egelhoff v. Egelhoff ex rel. Breiner that ERISA preempts traditional state revocation-by-divorce statutes as applied to ERISA-governed employee benefit plans. In the wake of the Egelhoff decision, plan administrators may automatically pay proceeds to the listed beneficiary, even an ex-spouse, regardless of the …