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Full-Text Articles in Law
Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley
Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley
Indiana Law Journal
In this Note, Part I examines the three main approaches used in other state supreme court decisions to decide pre-embryo disposition disputes, as well as three perspectives on the legal status of the pre-embryo, and compares them with Arizona’s emerging law. Part II summarizes Arizona’s Torres trial court order and opinion and section 318.03. Part III then analyzes whether the Torres orders and Arizona’s new statutory “most likely to lead to birth standard”12 present constitutional issues and concludes that the trial court’s order, if reinstated by the Arizona Supreme Court, and section 318.03 can be challenged on substantive due process …
Should Divorce Be More Taxing?: Structuring Tax Reduction To Reduce Inequality, Stephanie H. Mcmahon
Should Divorce Be More Taxing?: Structuring Tax Reduction To Reduce Inequality, Stephanie H. Mcmahon
Indiana Journal of Law and Social Equality
Current law makes divorce a time for minimizing some couples’ taxes. The group who benefit from the reduction are unlikely to be those in greatest financial need following divorce. Existing divorce-related taxation focuses on shifting the tax burden between spouses, the implicit and explicit elections that enable this shifting, and the classification of who should be entitled to this tax reduction. This article argues that Congress should focus tax reduction on those with minimal resources following divorce to ensure an equitable distribution of the nation’s tax burden. This article proposes an alternative tax regime more consistent with mitigating inequality. Instead …
Reconfiguring Sex, Gender, And The Law Of Marriage, Deborah Widiss
Reconfiguring Sex, Gender, And The Law Of Marriage, Deborah Widiss
Articles by Maurer Faculty
This article brings together legal, historical, and social science research to analyze how couples allocate income-producing and domestic responsibilities. It develops a framework—what I call the marriage equation—that shows how sex-based classifications, (non-sex-specific) substantive marriage law, and gender norms interrelate to shape these choices. Constitutional decisions in the 1970s ended legal distinctions between the duties of husbands and wives but left largely in place both gender norms and substantive rights within marriage, tax, and benefits law that encourage specialization into breadwinning and caregiving roles. By permitting disaggregation of the marriage equation, the new reality of same-sex marriage can serve as …
Child Support And (In)Ability To Pay: The Case For The Cost Shares Model, Pamela Foohey
Child Support And (In)Ability To Pay: The Case For The Cost Shares Model, Pamela Foohey
Articles by Maurer Faculty
Currently enacted child support guidelines primarily focus on maintaining children's economic well-being when a single household is split into two. This article argues that this focus discounts another consideration which, when combined with the current analysis, could further advance children's well-being: the ability of parents to pay. An analysis of payment characteristics demonstrates that lower child support obligations may increase the amount of child support paid on average. Lowering presumptive obligations will make lower-income parents better able and more likely to pay their obligations, thereby increasing the amount of child support paid to lower-income children, while at most only marginally …
Customized Marriage, James Herbie Difonzo
The Primary Caretaker Presumption: Have We Been Presuming Too Much?, Paul L. Smith
The Primary Caretaker Presumption: Have We Been Presuming Too Much?, Paul L. Smith
Indiana Law Journal
No abstract provided.
Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel
Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel
Articles by Maurer Faculty
In this book, Professor Mary Ann Glendon contends that the American commitment to individualism and rights has deprived our law of compassion in the areas of abortion and divorce. She argues that while western European countries tell their citizens that their decisions about family are important to the larger society, American law takes extreme and damaging positions that isolate people at times when the community has an interest in their acts. Much of the book is a gentle and persuasive reminder that America lacks any semblance of a national family policy, an omission that looks heartless in comparison to Europe. …
The Relevance Of Premarital Cohabitation To Property Division Awards In Divorce Proceedings: An Evaluation Of Present Trends And A Proposal For Legislative Reform, Barbara Freedman Wand
The Relevance Of Premarital Cohabitation To Property Division Awards In Divorce Proceedings: An Evaluation Of Present Trends And A Proposal For Legislative Reform, Barbara Freedman Wand
Articles by Maurer Faculty
No abstract provided.
Selected Tax Aspects Of Divorce And Property Settlements
Selected Tax Aspects Of Divorce And Property Settlements
Indiana Law Journal
No abstract provided.
Family Law (Survey Of Kansas Law), Dan Hopson Jr., John W. Brand Jr.
Family Law (Survey Of Kansas Law), Dan Hopson Jr., John W. Brand Jr.
Articles by Maurer Faculty
No abstract provided.
Divorce Under The New Code, Dan Hopson Jr.
Divorce Under The New Code, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Divorce And Alimony Under The New Code, Dan Hopson Jr.
Divorce And Alimony Under The New Code, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Family Law (Survey Of Kansas Law), Dan Hopson Jr., John Brand Jr.
Family Law (Survey Of Kansas Law), Dan Hopson Jr., John Brand Jr.
Articles by Maurer Faculty
No abstract provided.
Property Rights In Divorce And Separate Maintenance Cases, Dan Hopson Jr.
Property Rights In Divorce And Separate Maintenance Cases, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Family Law (Survey Of Kansas Law), Dan Hopson, John W. Brand Jr.
Family Law (Survey Of Kansas Law), Dan Hopson, John W. Brand Jr.
Articles by Maurer Faculty
No abstract provided.
Family Law (Survey Of Kansas Law), Dan Hopson Jr.
Family Law (Survey Of Kansas Law), Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Family Law (Survey Of Kansas Law), Dan Hopson Jr.
Family Law (Survey Of Kansas Law), Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Family Law (Survey Of Kansas Law), Dan Hopson Jr.
Family Law (Survey Of Kansas Law), Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Common Law Marriage-Divorce-Support Pendente Lite
Common Law Marriage-Divorce-Support Pendente Lite
Indiana Law Journal
No abstract provided.
Divorce-Jurisdiction Over Subject Matter-Res Judicata
Divorce-Jurisdiction Over Subject Matter-Res Judicata
Indiana Law Journal
No abstract provided.
Book Review. Vernier, C. G., American Family Laws, Vols. 3 And 4, Ralph F. Fuchs
Book Review. Vernier, C. G., American Family Laws, Vols. 3 And 4, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Divorce-Effect Of Decree Prohibiting Remarriage
Divorce-Effect Of Decree Prohibiting Remarriage
Indiana Law Journal
No abstract provided.
The Action For Alienation Of Affections, Robert C. Brown
The Action For Alienation Of Affections, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.
Book Review. Vernier, C. G., American Family Law, Vol. 1, Ralph F. Fuchs
Book Review. Vernier, C. G., American Family Law, Vol. 1, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Tenancies By The Entireties-Maintenance And Support
Tenancies By The Entireties-Maintenance And Support
Indiana Law Journal
No abstract provided.
Divorce-Jurisdiction-Statutory Requirements
Book Review. Richmond, M. E. And F. S. Hall, Marriage And The State And May, G., Marriage Laws And Decisions In The United States, Ralph F. Fuchs
Book Review. Richmond, M. E. And F. S. Hall, Marriage And The State And May, G., Marriage Laws And Decisions In The United States, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Validity Of Void Divorces, Fowler Vincent Harper
The Validity Of Void Divorces, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Book Review. Madden, J. W., Cases On Domestic Relations And Mccurdy, W. E., Cases On The Law Of Persons And Domestic Relations, Ralph F. Fuchs
Book Review. Madden, J. W., Cases On Domestic Relations And Mccurdy, W. E., Cases On The Law Of Persons And Domestic Relations, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Cases On Domestic Relations By Joseph Warren Madden, Robert C. Brown
Book Review. Cases On Domestic Relations By Joseph Warren Madden, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.