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Full-Text Articles in Law
Extramarital Relationships And The Theoretical Rationales For The Joint Property Rules – A New Model, Yitshak Cohen
Extramarital Relationships And The Theoretical Rationales For The Joint Property Rules – A New Model, Yitshak Cohen
Missouri Law Review
This Article considers the weight of extramarital relationships in determining the distribution of family property. Under the U.S. legal system, opinions differ as to whether this fault should be a factor in distribution of family property. The controversy is influenced by and arises from an earlier disagreement that followed the “no-fault” revolution of the 1970s, which focused on the role of fault in divorce proceedings. The discussion of fault with regard to property distribution took place without in-depth consideration of the underlying basis and rationales for the principles of joint property and, even more importantly, without relating to their modern, …
Reg. B Is No Guaranty: Missouri Courts’ Openly Divergent Views On The Enforceability Of Coerced Spousal Guaranties In Commercial Lending, Alexander Hurst
Reg. B Is No Guaranty: Missouri Courts’ Openly Divergent Views On The Enforceability Of Coerced Spousal Guaranties In Commercial Lending, Alexander Hurst
Missouri Law Review
This Summary examines how this inconsistency of law came to be, the public policy arguments for and against protecting spouses from being required to sign guaranties, and the potential actions which could be taken to resolve the issue. First, this Summary will examine the legal background of the ECOA and Reg. B as well as the paradigm that developed under the assumption that Reg. B was valid law. The Summary will then turn to the recent diverging cases dealing with the regulation’s validity in chronological order, starting with the federal cases that called the law’s validity into question, then moving …
Cloaking A Challenge To Missouri's Marriage Amendment With A Challenge For Survivor Benefits, Benjamin S. Harner
Cloaking A Challenge To Missouri's Marriage Amendment With A Challenge For Survivor Benefits, Benjamin S. Harner
Missouri Law Review
This Law Summary focuses on Glossip’s ongoing challenge to receive survivor benefits. The case not only implicates the Missouri Constitution’s equal protection and due process clauses, but it is also controversial because it involves the same-sex marriage issues that have stirred national debate for quite some time. This Law Summary will discuss each of these issues. Specifically, Part II provides the legal background for Missouri’s equal protection and substantive due process clauses and provides case law pertaining to situations similar to Glossip’s that have arisen in other states. Part III provides a more in-depth background of Glossip’s lawsuit, focusing on …
Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin
Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin
Missouri Law Review
Part II of this article presents an overview of premarital agreement rules related to procedural and substantive fairness. Part III examines the relationship between the Restatement (First) of Conflict of Laws (hereinafter Restatement (First)) and the Restatement (Second) of Conflict of Laws (hereinafter Restatement (Second)), with a specific focus on the ability of parties to contractually predetermine controlling law in relationship to marital rights and obligations before they marry. Part IV analyzes the choice of law provision in the UPAA. Part V synthesizes the existing judicial treatment of choice of law provisions in premarital agreements in jurisdictions applying the Restatement …
Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer
Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer
Missouri Law Review
Section I provides a brief overview of the significance of group status generally and its traditional relevance and usage within the criminal justice system. This discussion places the novel, defense-oriented approach to group status in a proper historical and analytical context. Section II begins by sketching a generally accepted system of defenses and placing general defenses within this context. It next describes the proper understanding of justification and excuse, the two preeminent theories for exculpatory general defenses. This complicated and often-contentious area of law is exposited here only insofar as it is necessary to lay the groundwork for the critique …
Pilot Study On Marital Power As An Influence In Division Of Pension Benefits At Divorce Of Long Term Marriages, A, Joan M. Krauskopf, Sharon Burgess Seiling
Pilot Study On Marital Power As An Influence In Division Of Pension Benefits At Divorce Of Long Term Marriages, A, Joan M. Krauskopf, Sharon Burgess Seiling
Journal of Dispute Resolution
The Hewlett Foundation on Dispute Resolution funded a small pilot project designed by the authors to explore whether the hypothesis might be true and to determine a methodology for more extensive research. This article explains the applicable law, aspects of power in negotiation, the research methodology, and the tentative findings from the project.