Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- Michigan Law Review (3)
- Chicago-Kent Law Review (2)
- Georgia Journal of International & Comparative Law (2)
- Kentucky Law Journal (2)
- Pepperdine Law Review (2)
-
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- Washington and Lee Law Review (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- Georgia State University Law Review (1)
- Golden Gate University Law Review (1)
- Maryland Law Review (1)
- Michigan Journal of Gender & Law (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- University of Richmond Law Review (1)
- William & Mary Law Review (1)
Articles 1 - 24 of 24
Full-Text Articles in Law
Cohabitation Worldwide Today, Margaret Ryznar, Anna Stępień-Sporek
Cohabitation Worldwide Today, Margaret Ryznar, Anna Stępień-Sporek
Georgia State University Law Review
Despite the increase in cohabitation around the world, legal responses to it remain limited, particularly in the last several years. Yet, there are universal issues at the end of a cohabitation, particularly related to property division. This article will survey the recent legal developments on the property consequences of cohabitation in both the United States and Poland, drawing on comparative lessons to suggest future developments in this area of law.
Cohabitation In Illinois: The Need For Legislative Intervention, Stefanie L. Ferrari
Cohabitation In Illinois: The Need For Legislative Intervention, Stefanie L. Ferrari
Chicago-Kent Law Review
No abstract provided.
Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor
Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor
Georgia Journal of International & Comparative Law
No abstract provided.
The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava
The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava
Georgia Journal of International & Comparative Law
No abstract provided.
Marriage, The Constitution, And The Future Of Family Law, Mark Strasser
Marriage, The Constitution, And The Future Of Family Law, Mark Strasser
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Equal Protection For Unmarried Cohabitors: An Insider's Look At Marvin V. Marvin , Marvin M. Mitchelson, William J. Glucksman
Equal Protection For Unmarried Cohabitors: An Insider's Look At Marvin V. Marvin , Marvin M. Mitchelson, William J. Glucksman
Pepperdine Law Review
No abstract provided.
Marvin V. Marvin: The Scope Of Equity With Respect To Non-Marital Relationships, John F. Dellagrotta
Marvin V. Marvin: The Scope Of Equity With Respect To Non-Marital Relationships, John F. Dellagrotta
Pepperdine Law Review
No abstract provided.
Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Saari Kovacic-Fleischer
Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Saari Kovacic-Fleischer
Washington and Lee Law Review
The Restatement (Third) of Restitution & Unjust Enrichment clarified and modernized a field that had become muddled since the publication of the Restatement (First) in 1937. One area of modernization relates to the changes in law towards women, particularly changes in law toward female cohabitants. Published in 2011, the Restatement (Third) added a new Section 28, which rejected the view that it would be immoral for one cohabitant to bring suit against the other, and relaxed the restriction on recovery in unjust enrichment for “gratuitous” contributions. This Article reviews societal and legal changes for women since 1937 and notes that, …
A Continuing Controversy: Assessing The Still Uncertain Status Of The Meretricious Spouse In California, Suzanne J. Chapot
A Continuing Controversy: Assessing The Still Uncertain Status Of The Meretricious Spouse In California, Suzanne J. Chapot
Golden Gate University Law Review
No abstract provided.
Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller
Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo
Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz
Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz
Washington and Lee Law Review
This Article addresses the regulation of the relationships between unmarried cohabitants. It challenges the conventional divide between conservative and liberal approaches. On one hand, moral condemnation of nonmarital conjugal relationships and public policy in favor of marriage lead conservatives to reject the application of marriage Law to cohabitating partners. On the other hand, based on principles such as freedom, tolerance, and equality, liberals tend to equate the mutual legal commitments of cohabitants with those ofmarriedpartners. I break with conventional analysis by offering a novel liberal model that separates between the mutual obligations of cohabitants and married partners. The proposed model …
At A Cross-Road: Anti-Same-Sex Marriage Policies And Principles Of Equity: The Effect Of Same-Sex Cohabitation On Alimony Payments To An Ex-Spouse, Jill Bornstein
Chicago-Kent Law Review
In the wake of anti-gay marriage policies in the United States, courts and state legislature alike are struggling to reconcile these policies with well-established principles of equity in the law. This note examines states' anti-same-sex marriage policies as they relate to the states' respective policies regarding alimony termination. Generally, upon divorce, the dependent spouse from a dissolving marriage will receive alimony payments from the independent spouse until the death or remarriage of the dependent spouse. Many states have expanded the definition of "remarriage" to include a dependent spouse's cohabitation with another individual in a financially interdependent, conjugal relationship. Terminating alimony …
Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott
Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott
William & Mary Law Review
No abstract provided.
Family And Juvenile Law, Lynne Marie Kohn
Family And Juvenile Law, Lynne Marie Kohn
University of Richmond Law Review
No abstract provided.
Is Marriage Obsolete?, Lynn D. Wardle
Is Marriage Obsolete?, Lynn D. Wardle
Michigan Journal of Gender & Law
Is legal marriage obsolete? Wardle thinks not. In order to understand why not, it is necessary first to grasp the significance of the focus of the discussion on the legal status of marriage. As this Introduction suggests, lack of legal marriage status does not prevent families and communities from treating couples as married nor does the law forbid couples from voluntarily providing each other "marital benefits." Nevertheless, whether marriage is obsolete at the beginning of the twenty-first century is an important question. This article analyzes four dimensions of that question.
Looking At Marriage, Naomi Cahn
Looking At Marriage, Naomi Cahn
Michigan Law Review
In a recent book (not the subject of this Review), highly successful and popular authors John Gottman and Nan Silver set out their seven effective principles for making a marriage last. The final suggestion is that spouses should "create shared meaning, an inner life together that is rich with symbols and family rituals and that honors the hopes of both partners." In a happy marriage, the couples not only provide support for each other, but also "build a sense of purpose into their lives together." Professor Gottman has developed these principles as a result of twenty years of research and …
Divorce-Separation For Statutory Period As A Ground Of Divorce Regardless Of Fault, William R. Hewitt S.Ed.
Divorce-Separation For Statutory Period As A Ground Of Divorce Regardless Of Fault, William R. Hewitt S.Ed.
Michigan Law Review
H sued W for a divorce on the statutory grounds that the parties had lived apart without cohabitation for ten years. The facts showed that the separation was caused by the willful abandonment of W by H and that H had lived in adultery after the separation and had not contributed to W's support since the separation. The trial court denied the divorce. On appeal, held, reversed. Where H and W have lived apart for the statutory period without cohabitation, H was entitled to the divorce regardless of the cause of the original separation and regardless of his …
Living Apart Without Cohabitation As A Ground For Divorce Under Kentucky Law, Elwood Rosenbaum
Living Apart Without Cohabitation As A Ground For Divorce Under Kentucky Law, Elwood Rosenbaum
Kentucky Law Journal
No abstract provided.
Illicit Cohabitation Of Parties As Affecting Contracts Made Between Them - Baxter V. Wilburn
Illicit Cohabitation Of Parties As Affecting Contracts Made Between Them - Baxter V. Wilburn
Maryland Law Review
No abstract provided.
Marriage Below The Statutory Age--Effect Of Cohabitation After Arriving At The Age, Town Hall
Marriage Below The Statutory Age--Effect Of Cohabitation After Arriving At The Age, Town Hall
Kentucky Law Journal
No abstract provided.
Marriage--Common-Law Marriage After The Removal Of Impediments Existing At The Time Of The Ceremonial Marriage
Michigan Law Review
An action was instituted for the removal of respondent as administrator of the estate of X, on the ground that the respondent was not the legal husband of the intestate. Both respondent and deceased had living spouses at the time they entered into a ceremonial marriage in 1898, but whether or not they knew of the impediments to the validity of their marriage did not appear on the record. In 1924, the last obstacle to their marriage was removed by the death of respondent's first wife. The parties cohabited for thirty years and continued so to do subsequent to. the …
Lovers' Contracts In The Courts: Forsaking The Minimum Decencies, Judith T. Younger
Lovers' Contracts In The Courts: Forsaking The Minimum Decencies, Judith T. Younger
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Schemes Of Adventuresses: The Abolition And Revival Of Common-Law Marriage, Charlotte K. Goldberg
The Schemes Of Adventuresses: The Abolition And Revival Of Common-Law Marriage, Charlotte K. Goldberg
William & Mary Journal of Race, Gender, and Social Justice
Common-law marriage is about to go the way of the buggy whip. In 2005, Pennsylvania abolished common-law marriage and other state legislatures are considering following Pennsylvania's lead. Even if common-law marriage is abolished in all states, the problem of unmarried cohabitants seeking property rights arising from their relationships will still challenge the courts. In particular, because most claimants are women, the perception of them as either an "adventuress" or a "virtuous wife" will often determine whether they will attain shared property rights.
This article uses the California experience as an illustration of the evolution of the law from the abolition …