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Full-Text Articles in Law
With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner
With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner
Articles
This article draws attention to a cultural shift in the formation of families that has been and is taking place in this country and in the developed world. Part I uses recent government data to trace the decline of marriage and the rise of cohabitation in the United States. Between 2000 and 2010, the population grew by 9.71 %, but the husband and wife households only grew by 3.7%, while the unmarried couple households grew by 41.4%. A counter-intuitive finding is that the early 21st century data show little correlation between the marriage rate and economic conditions. Because of the …
Promulgating The Marriage Contract, Lynn A. Baker
Promulgating The Marriage Contract, Lynn A. Baker
University of Michigan Journal of Law Reform
I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …
Gratuitous Promises-A New Writ?, Warren L. Shattuck
Gratuitous Promises-A New Writ?, Warren L. Shattuck
Michigan Law Review
Under the early common law, the fact situations which presented actionable wrongs were limited in number and stereotyped into various writs which issued from the Lord Chancellor. Only as new writs were devised by him was it possible for new fact situations to achieve the dignity of justiciability and so raise legal rights and duties. But with the liberalization of pleading the recognition of new legal rights and duties became a judicial function. In consequence, the constant struggle of new fact patterns for a place in the law is now principally waged before the courts. In this struggle some fail, …