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Articles 1 - 4 of 4
Full-Text Articles in Law
The Ali Principles: A Farewell To Fault--But What Remedy For The Egregious Marital Misconduct Of An Abusive Spouse, Peter N. Swisher
The Ali Principles: A Farewell To Fault--But What Remedy For The Egregious Marital Misconduct Of An Abusive Spouse, Peter N. Swisher
Law Faculty Publications
The fundamental premise of this commentary is that the ALl has erred in not including appropriate nonfinancial fault-based factors in the Principles for three major reasons: 1) other no-fault laws, including no-fault automobile insurance law, no-fault workers compensation law, and strict liability in tort law, have all incorporated a number of fault-based exceptions to their general no-fault framework for serious or egregious conduct, and American divorce law should likewise have a similar fault-based exception for serious or egregious marital misconduct; 2) a substantial number of states continue to recognize and utilize a number of fault-based statutory factors in divorce for …
Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel
Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel
University of Richmond Law Review
The most significant case decisions regarding family law issues in Virginia this year are those cases involving the preemptive effect of federal law on equitable distribution issues. These cases held that federal law preempts state law when beneficiary provisions of certain insurance policies and retirement plans are being determined. Other important decisions struck down the self-executing provisions of property settlement agreements regarding the payment of child support. Additionally, a decision by the Court of Appeals of Virginia would have abrogated all property settlement agreements endorsed prior to 1998 were it not for a subsequent statutory modification.
Family Development Deductions - An Alternative To Repealing The Estate Tax, Richard J. Kovach
Family Development Deductions - An Alternative To Repealing The Estate Tax, Richard J. Kovach
University of Richmond Law Review
Opposing political and social interests have long conducted a vigorous debate on whether gratuitous transfers of wealth should invoke federal excise taxes. Attempts to eliminate wealth transfer taxes reached a peak in the summer of 2000, when the Senate passed repeal legislation overwhelmingly approved by the House of Representatives. Those supporting repeal point out that wealth transfer taxation discourages work and savings while encouraging consumption. They further assert that transfer taxation revenue does not constitute a very significant portion of total federal revenue. The supporters of repeal also emphasize how the complexity of these taxes has created a parasitic service …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.