Law Commons^™

Divorce: A Taxing Experience, Charles Edward Falk

William & Mary Annual Tax Conference

No abstract provided.

"Whatever Happened To Exempt Property?" An Overview Of The Matrimonial Property Act Of Nova Scotia, Alastair Bissett-Johnson

Dalhousie Law Journal

As it is five years since the introduction of the Matrimonial Property Act, it may be appropriate before turning to the title of my paper to outline the general philosophy of the Act. The philosophy is to allow either spouse to apply to the court on the occurrence of one of the four triggering events (death, divorce, nullity or separation) to seek an equal division of the matrimonial assets. Where a merely equal division of matrimonial assets would be unfair or unconscionable a court may divide the matrimonial assets up unequally or have recourse to the exempt property.

Moral Discourse And Family Law, Lee E. Teitelbaum

Michigan Law Review

It seems appropriate in the early stages of an experiment in legal publishing to say something about it, if only because few forms have been as resistant to innovation as the law review. The creation of a section for correspondence regarding recent articles provides a medium for conducting just the national discourse which scholarship aspires to provoke and which does occur in private conversations or letters and, occasionally, in panels at professional meetings. To talk in print about a colleague's work - to praise it, qualify it, pursue suggested or alternate lines of thought - is not only an enjoyable …

A Constitutional Right To Home Instruction?, Neal Devins

Faculty Publications

No abstract provided.

Modification Of Divorce Decrees By Virtue Of The 1984 Tax Amendments Relating To Dependency Exemptions, Roger M. Baron

University of Arkansas at Little Rock Law Review

No abstract provided.

Spruce Run News (Fall 1985), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Moral Discourse And The Transformation Of American Family Law, Carl E. Schneider

Michigan Law Review

Family law has undergone momentous change in recent decades. In this Article, Professor Schneider proposes that the transformation in family law can be understood as a diminution in the law's discourse in moral terms about the relations between family members and as a transfer of moral decisions from the law to the people the law once regulated. Professor Schneider identifies countertrends and limits to the changes he describes, and then investigates the reasons for the changes. He hypothesizes that four forces helped change family law and moral discourse within family law: the legal tradition of noninterference in family affairs; the …

Introduction, Michael S. Wald

University of Michigan Journal of Law Reform

Virtually everyone agrees that the family is a vital institution. Because of the perceived importance of the family to the state, our society always has tried to regulate both the form and functions of families. Laws prescribe who may form a family, the rights and obligations of family members towards each other, and the substantive and procedural rules for dissolving families.

Coercive Freedom: A Response To Professor Chambers, Robert A. Burt

University of Michigan Journal of Law Reform

At this happy gathering of the Michigan family it is fitting to begin by discussing the law of the family. David used the Marvin case as the central example of the various principles which he supported and opposed.

I want to focus on that case in order to consider whether he has successfully distinguished among these principles of state coercion and state facilitation of individuals' free choice. Let me begin by briefly restating David's view of the Marvin case, as I understand it.

Divorce Bargaining: The Limits On Private Ordering, Robert H. Mnookin

University of Michigan Journal of Law Reform

In an article published in the Yale Law Journal, I suggested an alternative perspective for family law scholars concerned with divorce. It emphasized negotiation, not adjudication; private ordering, not regulation. This change in emphasis seemed timely, if not overdue. Available evidence has long shown that the overwhelming majority of divorcing couples resolve the distributional questions concerning marital property, alimony, child support, and custody without bringing any contested issue to court for adjudication. Therefore, the primary impact of the legal system falls not on the small number of contested cases, but instead on the far greater number of divorcing couples …

The Myth Of State Intervention In The Family, Frances E. Olsen

University of Michigan Journal of Law Reform

Most people concede that there are times when state officials should intervene in the private family. Doctrines of family privacy are no longer thought to justify societal neglect of beaten wives or abused children. Yet society continues to use the ideal of the private family to orient policy. It seems important therefore to examine the concept of state intervention in the private family. In this essay, I argue that the private family is an incoherent ideal and that the rhetoric of nonintervention is more harmful than helpful.

The Incompetent Spouse's Election: A Pecuniary Approach, Susan P. Barnabeo

University of Michigan Journal of Law Reform

Although many state legislatures have preserved the incompetent widow's right of election, these states have developed only general guidelines to govern such an election. These guidelines merely direct the court to act in the "best interests" of the incompetent widow. Courts of the various jurisdictions differ in their approach to determining the "best interests" of the incompetent. Most courts examine all surrounding circumstances regarding the incompetent widow's situation, such as the intent of both the wife prior to her incompetency and of the testator, and the adequacy of the will's provision for the incompetent widow. A minority of jurisdictions, however, …

Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow

University of Michigan Journal of Law Reform

Newspapers and broadcasters gave major billing to the story. Headlines announced: "The Life or Death Question of Baby Doe;" and "Baby Doe's Parents Call U.S. Action Intimidating." The medical care decisions about this infant born with spina bifida, microcephaly, and other severe disabilities, not only attracted mass media attention, but also led to both state and federal court proceedings. Legislative hearings raised the issue of her care. Many commentators debated what should happen to this infant of Long Island parents. This article instead will ask: what was all the attention about?; why are cases like this so riveting?; and might …

Exclusion Of Families With Children From Housing, George Palmer Schober

University of Michigan Journal of Law Reform

This Note attempts to resolve the most significant problems raised by discrimination against children in housing. Part I briefly analyzes the prevalence of child exclusion in different types of housing. It also provides a statistical analysis of the rental housing market to enable the reader to gauge the extent of the problem in one type of housing. Part II discusses policy arguments supporting both those who seek to exclude children and those who advocate government policies forbidding exclusion. Part III then examines the various approaches that states have adopted in this area, as well as federal implications of the issue. …

The Next Step: Definition, Generalization, And Theory In American Family Law, Carl E. Schneider

University of Michigan Journal of Law Reform

The Journal of Law Reform's Symposium on Family Law comes opportunely, in legal scholarship's spring of hope, its winter of despair, at a time when we have everything before us, when we have nothing before us. As is natural in such an epoch, reflection about legal scholarship, about its history, purposes, and methods, has flourished. This Symposium invites us to extend that reflection to family law, and this essay attempts, tentatively and speculatively, to accept the invitation.

The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers

Articles

The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …

Heartbalm Statutes And Deceit Actions, Michigan Law Review

Michigan Law Review

This Note considers whether actions in deceit based on fraudulent marriage promises should be deemed barred by the heartbalm statutes. It determines that they should not. Part I examines the policies and arguments against the common law breach of promise to marry action that are embodied in the heartbalm statutes and looks at the limits courts have placed on the reach of the statutes. Part II re-examines the deceit action in light of the purposes of the heartbalm acts and their intended scope, as well as in light of criticism of the action by the courts and commentators. In particular, …

Equitable Interest In Enhanced Earning Capacity: The Treatment Of A Professional Degree At Dissolution—In Re Marriage Of Washburn, 101 Wn. 2d 168, 677 P.2d 152 (1984), Helen A. Boyer

Washington Law Review

The Washington Supreme Court addressed this problem in In re Marriage of Washburn. The court held that a supporting spouse should be compensated for contributing to the attainment of a student spouse's degree. The court stated that such a contribution is a factor that trial courts must consider in dividing property or in awarding maintenance. It also held that trial courts must consider the future earning prospects of each spouse in making an award. Nonetheless, the court affirmed an award that was limited to restitution of direct expenditures and opportunity costs. A vigorous dissent argued that a professional degree is …

Equal Protection For Illegitimate Children: The Supreme Court's Standard For Discrimination, Martha T. Zingo

Antioch Law Journal

Between 1968 and 1980 the Supreme Court decided twenty cases' involving statutory classifications based on illegitimacy. The Court's decisions have determined whether discrimination against those individuals deemed illegitimate by law2 constitutes a denial of equal protection. When these decisions are analyzed it seems apparent that the Court was experiencing some difficulty in determining the appropriate constitutional test to apply to illegitimacy statutes. It is not surprising that the Court's various rulings appear inconsistent. The purpose of this article is to examine the Supreme Court's inconsistent decisions in its equal protection analysis of laws affecting illegitimate children. To accomplish this goal, …

Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen

Antioch Law Journal

Throughout history scholars have attempted to defend myriad conceptions of the judicial role. For instance, Corwin believed that law, embodied in nature, was to be discovered by judges.1 Cardozo also envisioned an active judiciary, responsible for keeping law consistent with the mores of the day.2 Wigmore, on the other hand, felt that personalizing justice through judicial discretion is the "antithesis of the Anglo-Saxon conception of justice."' 3 Rather, justice, if attainable at all, must be achieved through strict rule application. 4 Whereas 19th-century scholarship focused on formal rules, recent authorities have turned to contemplating how legal decisions are made and …

The Representation Of Children: A Summary And Analysis Of The Bar Association Law Guardian Study, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The law guardian system constitutes a unique opportunity to protect the interests and rights of New York's children. Inaugurated in 1962 and expanded greatly in the past twenty years, the system's goals are laudatory. However, a lack of structure and responsibility has seriously compromised the effectiveness of counsel. Representation is frequently characterized by perfunctory preparation and a waiver of substantive and procedural rights. Moreover, the system is needlessly bifurcated and incapable of providing the education, experience and assistance required for effective counsel. The Bar Association study provides a blueprint for improvement. Legislative restructuring to establish an independent board and office …

Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky

Center on Children, Families, and the Law: Faculty Publications

The assumption that job satisfaction and job performance are related has much intuitive appeal, despite the fact that reviewers of this literature have concluded there is no strong pervasive relation between these two variables. The present meta-analytic study demonstrates that (a) the best estimate of the true population correlation between satisfaction and performance is relatively low (.17); (b) much of the variability in results obtained in previous research has been due to the use of small sample sizes, whereas unreliable measurement of the satisfaction and performance constructs has contributed relatively little to this observed variability in correlations; and (c) nine …

Spruce Run News (Winter 1984-1985), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

The Contingent Fee Contract In Domestic Relations Cases - Thompson V. Thompson, Timothy H. Graham

Campbell Law Review

This Note will sketch the background of the contingent fee in North Carolina and then examine contingent fee agreements in domestic relations actions in other jurisdictions. The Note will then examine the Thompson court's holding and look at some unanswered questions. The Note concludes that, based on the public policy of North Carolina and of the majority of other jurisdictions, the court reached the correct decision in holding that contingent fee contracts in domestic relations actions are against public policy.

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.

A Call For The Repudiation Of The Domestic Relations Exception To Federal Jurisdiction, Barbara Freedman Wand

Articles by Maurer Faculty

No abstract provided.

Paternity Determinations In Washington: Balancing The Interests Of All Parties, Carol Denardo Spoor

Seattle University Law Review

The state and all parties in a paternity proceeding may benefit from a more efficient, administrative approach to paternity adjudication if certain procedural safeguards are assured the defendant. Section II of this Comment sketches the development of common-law and statutory rights of paternity actions in Washington. Section III examines the interests of each party in a paternity action. Section IV discusses the advantages of an administrative hearing. Section V suggests procedural safeguards for the defendant and proposes a framework for administrative determinations of paternity that is consistent with the interests of all parties. Administrative hearings in such circumstances are preferable …

The New Doctrine Of Necessaries In Virginia, Mark S. Brennan

University of Richmond Law Review

Under the traditional common law doctrine of necessaries, a husband has the duty to support his wife and is responsible for the cost of necessary goods and services furnished to his wife by third parties if he has failed to provide the necessaries himself. However, the recent influx of women into the marketplace and the United States Supreme Court's decisions on gender discrimination have caused a significant number of courts and state legislatures to modify the doctrine or abolish it altogether.

Three Generations, No Imbeciles: New Light On Buck V. Bell, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

A Call For The Repudiation Of The Domestic Relations Exception To Federal Jurisdiction, Barbara Freedman Wand

Villanova Law Review

No abstract provided.