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Family Law

1984

Institution
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Articles 1 - 30 of 54

Full-Text Articles in Law

Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles Dec 1984

Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles

Office for Policy Studies on Violence Against Women Publications

In a survey of 504 college students examining predictors of violence in heterosexual relationships, over half of both men and women had committed at least one physically violent act. Modest associations between physical violence and sexual aggression were uncovered. In a series of discriminant analyses, men who abused their partners were not readily distinguished from men who did not, but tended to by young, low in family income, traditional in attitudes toward women, abused as children, currently living with a women, and from Appalachian areas.


The Parent-Child Privilege, Robert L. Maxwell Nov 1984

The Parent-Child Privilege, Robert L. Maxwell

BYU Law Review

No abstract provided.


Disposition Of Community Property, Senate Committee On Judiciary Oct 1984

Disposition Of Community Property, Senate Committee On Judiciary

California Senate

No abstract provided.


Divisibility Of Advanced Degrees In North Carolina - An Examination And Proposal, Buddy O. H. Herring Oct 1984

Divisibility Of Advanced Degrees In North Carolina - An Examination And Proposal, Buddy O. H. Herring

North Carolina Central Law Review

No abstract provided.


Spruce Run News (Fall 1984), Spruce Run Staff Sep 1984

Spruce Run News (Fall 1984), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.


The Swedish Ban Of Corporal Punishment, Dennis Alan Olsen Sep 1984

The Swedish Ban Of Corporal Punishment, Dennis Alan Olsen

BYU Law Review

No abstract provided.


Essay: Critique Of West Virginia's New Equitable Distribution Statute, Penelope Crandall Sep 1984

Essay: Critique Of West Virginia's New Equitable Distribution Statute, Penelope Crandall

West Virginia Law Review

The 1984 session of the West Virginia Legislature passed a comprehensive bill which sought to establish both the substantive and procedural elements of equitable distribution. The legislature apparently intended to codify the exact parameters of the doctrine of equitable distribution in West Virginia. This legislative action was at least partly motivated by a desire to clear up some of the confusion which had resulted from the recent judicial adoption of the equitable distribution doctrine. The equitable distribution portion of the law found in West Virginia Code section 48-2-32 establishes the presumption that all marital property shall be divided equally between …


The Right To Life Of The Unborn-An Assessment Of The Eighth Amendment To The Irish Constitution, John A. Quinlan Sep 1984

The Right To Life Of The Unborn-An Assessment Of The Eighth Amendment To The Irish Constitution, John A. Quinlan

BYU Law Review

No abstract provided.


Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey Sep 1984

Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey

West Virginia Law Review

No abstract provided.


Note: Equitable Distribution: Approaches To Apportionment, Linda P. Zarski Sep 1984

Note: Equitable Distribution: Approaches To Apportionment, Linda P. Zarski

West Virginia Law Review

No abstract provided.


Rehabilitative Alimony -- A Matter Of Discretion Or Direction?, James S. Ford Jul 1984

Rehabilitative Alimony -- A Matter Of Discretion Or Direction?, James S. Ford

Florida State University Law Review

No abstract provided.


Domestic Relations—Arkansas Supreme Court Defines Marital Property To Include Future Pension Benefits, Roger L. Morgan Jul 1984

Domestic Relations—Arkansas Supreme Court Defines Marital Property To Include Future Pension Benefits, Roger L. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.


The Legislative Response To Infant Doe, Abigail Lawlis Kuzma Jul 1984

The Legislative Response To Infant Doe, Abigail Lawlis Kuzma

Indiana Law Journal

No abstract provided.


Garnishment Of Wages To Enforce Child Support - A New Remedy For An Old Problem., Mary Fenlon Jun 1984

Garnishment Of Wages To Enforce Child Support - A New Remedy For An Old Problem., Mary Fenlon

St. Mary's Law Journal

Abstract Forthcoming.


The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review Jun 1984

The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review

Michigan Law Review

This Note examines when judges deciding custody disputes may consider potential custodians' religious practices without violating the establishment clause of the first amendment to the Constitution. Although courts agree that they may not prefer one parent to another for religious reasons when both parents are religious and neither parent's religious practices threaten the child's health or safety, some courts believe that they may constitutionally prefer a religious parent to a nonreligious parent. Part I argues that courts violate the establishment clause by preferring religion to nonreligion when there is no showing that the child has personal religious convictions. Part II …


The Treatment Of Mandatory Tax Withholdings In Calculating Afdc Benefits: Fairness As A Relevant Inference In Ascertaining Congressional Intent, Michigan Law Review Jun 1984

The Treatment Of Mandatory Tax Withholdings In Calculating Afdc Benefits: Fairness As A Relevant Inference In Ascertaining Congressional Intent, Michigan Law Review

Michigan Law Review

This Note contends that the more appropriate construction of the statute is to view mandatory tax withholdings as nonincome and nonwork expense items. Part I traces the pre-OBRA legislative and administrative history and examines the judicial interpretations of 42 U.S.C. section 602(a)(7) "income" and section 602(a)(8) "earned income." It concludes that under the "availability" principle, tax withholdings have always been regarded as nonincome items distinct from work expenses. It contends that, notwithstanding contradictory language in the regulations implementing section 602(a)(8), the status of tax withholdings as nonincome items under section 602(a)(7) is controlling. Part II considers the legislative history and …


The Unnecessary Doctrine Of Necessaries, Michigan Law Review Jun 1984

The Unnecessary Doctrine Of Necessaries, Michigan Law Review

Michigan Law Review

This Note argues that neither the traditional nor the modem necessaries doctrines are justifiable in contemporary society. Part I investigates the practical effects of both the traditional and contemporary necessaries doctrines and demonstrates that neither is an effective mechanism for providing support to a needy spouse. While a more successful support remedy might be devised to replace modem and traditional versions of the necessaries rule, Part II shows that yet another reformulation would not be worthwhile because the theoretical underpinnings of the doctrine are faulty. There is no persuasive evidence to establish the existence of the narrow support problem the …


The Unwarranted Abrogation Of Interspousal Tort Immunity: Fernandez V. Ramo, Michael L. Schwab May 1984

The Unwarranted Abrogation Of Interspousal Tort Immunity: Fernandez V. Ramo, Michael L. Schwab

BYU Law Review

No abstract provided.


Relatives By Blood, Adoption, And Association: Who Should Get What And Why, Jan E. Rein May 1984

Relatives By Blood, Adoption, And Association: Who Should Get What And Why, Jan E. Rein

Vanderbilt Law Review

This Article explores the questions that courts and legislatures must address in order to integrate the social phenomenon of adoption into our succession laws, monitors the progress that has and has not been made in dealing with these questions, and proposes a comprehensive approach to the treatment of adoptees in matters of succession. Specifically, part I introduces the traditional approach to relationship by adoption, while part HI compares the past and present goals of adoption. Part IV discusses the legal status of adoptees in the context of intestate succession. This discussion explores past and present trends and examines the special …


The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr. Apr 1984

The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.

University of Michigan Journal of Law Reform

This Note proposes that courts refuse to give further consideration to admitting the battering parent syndrome as evidence in both civil and criminal proceedings arising out of child abuse. Part I of the Note describes the syndrome as it appears in the psychological literature. Part II suggests that current judicial attitudes favor the future admissibility of the syndrome, conditioned only on an improved showing of scientific accuracy. Part III demonstrates that regardless of scientific accuracy, the character evidence rule forbids courts from admitting the battering parent syndrome. Part IV argues that the important policies underlying the character evidence rule override …


Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin Apr 1984

Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin

Washington Law Review

The Washington Supreme Court held that: (1) the increase in value of separate property is presumptively separate, unless the community claimant rebuts the presumption by direct and positive proof that community contributions caused the increase, and (2) the community is entitled to a share of the inflationary increase in the value of the separate property proportionate to the community contributions.


The Nonsupport Contempt Hearing: A Survey And Analysis Of Florida Law, Ross C. Hering Apr 1984

The Nonsupport Contempt Hearing: A Survey And Analysis Of Florida Law, Ross C. Hering

Florida State University Law Review

No abstract provided.


Spruce Run News (Spring 1984), Spruce Run Staff Mar 1984

Spruce Run News (Spring 1984), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.


The Arkansas Marital Property Statute And The Arkansas Appellate Courts: Tiptoeing Together Through The Tulips, Ora Fred Harris Jr. Jan 1984

The Arkansas Marital Property Statute And The Arkansas Appellate Courts: Tiptoeing Together Through The Tulips, Ora Fred Harris Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


The Professional Degree As Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton Jan 1984

The Professional Degree As Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton

Campbell Law Review

The Legislature in enacting the North Carolina Act for Equitable Distribution of Marital Property altered the common law approach of dividing property upon divorce strictly according to record title. Under the new statute, marriage is viewed as a joint venture to acquire property through monetary and non-monetary efforts of each spouse. The Legislature authorizes the courts to reward these mutual efforts by dividing marital property in an equitable fashion. Marital property is that real or personal property acquired during marriage which is traceable to the joint efforts of both spouses. Under the new statute, only that property classified as "marital …


Comment On Friedman Paper, Carol Weisbrod Jan 1984

Comment On Friedman Paper, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.


The Uniform Reciprocal Enforcement Of Support Act And The Defense Of Non-Paternity: A Functional Analysis, Richard P. Perna Jan 1984

The Uniform Reciprocal Enforcement Of Support Act And The Defense Of Non-Paternity: A Functional Analysis, Richard P. Perna

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Domestic Relations, Louise Everett Graham Jan 1984

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.


Judicial Treatment Of Parental Cohabitation After Jarrett V. Jarrett, Mary Beth Cyze Jan 1984

Judicial Treatment Of Parental Cohabitation After Jarrett V. Jarrett, Mary Beth Cyze

Loyola University Chicago Law Journal

No abstract provided.


Drafting Cohabitation, Antenuptial, And Reconciliation Agreements, Peter N. Swisher Jan 1984

Drafting Cohabitation, Antenuptial, And Reconciliation Agreements, Peter N. Swisher

Law Faculty Publications

No abstract provided.