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Articles 1 - 9 of 9
Full-Text Articles in Law
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
No abstract provided.
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
University of Arkansas at Little Rock Law Review
Over time, the definition of family has shifted from being premised upon kinship to legal status. In modern times, family structure is based more upon function than form, seeking to derive its status as a family from the subjective intent of its members to act as a family. Many early settlers in the colonial territories came to America to escape religious persecution and practice their own religion.
For that reason, biblical language and religious doctrine formed the basis for common law, statutes, and practice. Today, there remains the notion among many Americans that the law represents a divine plan and …
Special Needs Trusts To Safeguard Disability Benefits In Personal Injury And Divorce Settlements And Estate Planning, Lawrence A. Friedman
Special Needs Trusts To Safeguard Disability Benefits In Personal Injury And Divorce Settlements And Estate Planning, Lawrence A. Friedman
Marquette Elder's Advisor
To avoid disqualifying a disabled person from government aid, amounts should not be paid outright to the person or to a trusts for his support. Instead, the author suggests it is best to use a Special Needs Trust.
The Collaborative Law Process For Prenuptial Agreements, Donna Beck Weaver
The Collaborative Law Process For Prenuptial Agreements, Donna Beck Weaver
Pepperdine Dispute Resolution Law Journal
This article posits that the prevailing adversarial model for negotiating prenuptial agreements deters many from considering them, and limits the benefits that might otherwise be achieved for couples by prenuptial planning. This article posits that the collaborative law process offers an effective method for developing prenuptial agreements, one that is far better suited to the needs of persons who are about to marry than the traditional model. This article concludes that the standard of care for prenuptial agreements should mandate the use of the collaborative process for most cases.
Collaborative Family Law, Pauline H. Tesler
Collaborative Family Law, Pauline H. Tesler
Pepperdine Dispute Resolution Law Journal
Collaborative Law appears to meet significant needs both among family law clients and among the lawyers who assist them through divorce. As will be discussed more fully below, clients appear to want the advantages of a contained, settlement-oriented, creative, private, respectful process without sacrificing the benefits of having a committed legal advocate at their sides. For that reason Collaborative Law appeals to clients who may hesitate to commit to a dispute resolution process facilitated solely by a neutral mediator. And, while many family lawyers suffer considerable professional angst as a consequence of their awareness that family law courts are neither …
For Heaven's Sake, Give The Child A Voice: An Adr Approach To Interfaith Child Custody Disputes , Charlee Lane
For Heaven's Sake, Give The Child A Voice: An Adr Approach To Interfaith Child Custody Disputes , Charlee Lane
Pepperdine Dispute Resolution Law Journal
There has been ample study devoted to the problems that arise when courts are faced with custody disputes intertwined with issues of religion. Unfortunately, many of those studies conclude without proposing an effective solution or by suggesting an alternative without defining what that alternative might be. A solution must be employed that allows religious consideration in a forum more suitable to facilitating a resolution in the complete best interest of the child and parents. Mediation provides this forum by facilitating a negotiation in which parents are allowed to develop their own collaborative solutions to interfaith child custody disputes. Through techniques …
The Mother-Love Myth: The Effect Of The Provider-Nurturer Dichotomy In Custody Cases, Kalie Caetano
The Mother-Love Myth: The Effect Of The Provider-Nurturer Dichotomy In Custody Cases, Kalie Caetano
The Macalester Review
This paper is a discursive analysis that evaluates the effect of gender stereotypes relating to parenting roles and how they have influenced custody cases. Specifically it looks at the historically gendered distinction between the provider (typically the father) and the nurturer (typically the mother) and speculates as to how those identities may have initially formed in US society, what changes they have undergone and how these stereotypes still affect family court outcomes in cases of divorce. Particular focus is given to an article appearing in Working Mother magazine entitled “Custody Lost,” detailing a new trend in custody cases, which allegedly …
Secular Rights And Religious Wrongs? Family Law, Religion And Women In Israel, Pascale Fournier, Pascal Mcdougall, Merissa Lichtsztral
Secular Rights And Religious Wrongs? Family Law, Religion And Women In Israel, Pascale Fournier, Pascal Mcdougall, Merissa Lichtsztral
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Accounting For Time: A Relative-Interest Approach To The Division Of Equity In Hybrid-Property Homes Upon Divorce, Lisa Milot
Kentucky Law Journal
No abstract provided.