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Articles 1 - 30 of 32
Full-Text Articles in Law
Community Property Agreements—Many Questions, Few Answers, Robert F. Brachtenbach
Community Property Agreements—Many Questions, Few Answers, Robert F. Brachtenbach
Washington Law Review
The statute which creates the husband-wife contract commonly referred to as the community property agreement was first enacted by the Territorial Legislature of 1879. Today's statute is RCW 26.16.120.2 A 1950 Law Review Comment' made a comprehensive analysis of many of the issues raised by the community property agreement. Reference is made to the Comment for background material. This article has a dual purpose: first, to inquire further into some of the issues discussed in the 1950 Comment with particular and detailed attention to creditors' problems, and second, to examine today's practice as to the use of these agreements, looking …
Priority Paradoxes In Patent Law, Richard H. Stern
Priority Paradoxes In Patent Law, Richard H. Stern
Vanderbilt Law Review
The constitutional provision governing patents gives Congress the power to promote the progress of useful arts "by securing for limited Times to... Inventors the exclusive Right to their... Discoveries. "'Because an "exclusive right" suggests an exclusive grant, the Patent Office interference proceeding has been created for the purpose of determining administratively the question of priority of rights between two or more parties claiming substantially the same invention. This article attempts to state in terms of an informal axiomatic system the rules of law for determining priority of invention, and then examine that system to explore its possible paradoxes Finally, an …
Domestic Relations--The Effect Of A Bigamous Marriage In A Workmen's Compensation Proceeding, Thomas Franklin Mccoy
Domestic Relations--The Effect Of A Bigamous Marriage In A Workmen's Compensation Proceeding, Thomas Franklin Mccoy
West Virginia Law Review
No abstract provided.
The Challenge Of Apportionment, Donald B. King
The Challenge Of Apportionment, Donald B. King
Washington Law Review
During the past half century, one of the most significant problems in the area of community property has been the apportionment of income or of an increase in value in situations involving the expenditure of community labor on separate property. Arising out of a conflict between fundamental community property concepts, this problem has served to perplex lawyers and judges alike. Confronted with the problem, courts have designed a number of systems of apportionment with wide-ranging consequences. Some of these systems, however, are inequitable, others are inflexible, and still others lack any definite criteria. Despite the efforts devoted toward solving this …
Family Law—Custody Of Child—Natural Parent Vs. Foster Parents, Buffalo Law Review Board
Family Law—Custody Of Child—Natural Parent Vs. Foster Parents, Buffalo Law Review Board
Buffalo Law Review
People ex rel. Anonymous v. Anonymous, 10 N.Y.2d 332, 179 N.E.2d 200, 222 N.Y.S.2d 945 (1961).
Family Law—Non-Disclosed Psychiatric And Psychological Reports In Custody Cases Held Improperly Considered, Albert Dolata
Family Law—Non-Disclosed Psychiatric And Psychological Reports In Custody Cases Held Improperly Considered, Albert Dolata
Buffalo Law Review
Kesseler v. Kesseler, 10 N.Y.2d 445, 180 N.E.2d 402, 225 N.Y.S.2d 1 (1962).
Cohabitation During Pendency Of A Divorce Action
Cohabitation During Pendency Of A Divorce Action
Washington and Lee Law Review
No abstract provided.
Arbitration Clauses In Separation Agreements
Arbitration Clauses In Separation Agreements
Washington and Lee Law Review
No abstract provided.
Community Property—Statutory Agreement For Disposition At Death—Termination, C. David Sheppard
Community Property—Statutory Agreement For Disposition At Death—Termination, C. David Sheppard
Washington Law Review
Recently adopted Initiative 2081 has evoked no small amount of comment, much of which centers about the problems of uncertainty, utility, and questioned reception and treatment by the courts. Although passed with the stated aim of eliminating probate expenses, the uncertainty of the Initiative may well occasion, in the individual case, as much or more litigation expense than probate ever would. This consideration, where survivorship is the end sought, may well lead to increased use of the relatively more certain community property agreement. Because of this possibility of increased use, and because In re Wittman emphasizes the manner in which …
Domestic Relations -- 1961 Tennessee Survey (Ii), William J. Harbison
Domestic Relations -- 1961 Tennessee Survey (Ii), William J. Harbison
Vanderbilt Law Review
The definition of "abandonment" within the meaning of the Tennessee adoption statutes was clarified in the case of Ex parte Wolfenden. The stepmother of the subject child filed a petition for adoption, joined in and consented to by the natural father. A cross-petition was filed by the child's uncle and his wife, seeking to adopt the child and alleging that the natural father had abandoned the child and had delivered her to the home of the uncle for permanent rearing. The circuit judge granted the cross-petition upon the ground that adoption by the uncle was for the best interest of …
Conflict Of Laws--Full Faith And Credit For Foreign Custody Judgements, Forest Jackson Bowman
Conflict Of Laws--Full Faith And Credit For Foreign Custody Judgements, Forest Jackson Bowman
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Property-Joint Bank Accounts-The Donee's Inter Vivos Interest, David K. Kroll S.Ed.
Property-Joint Bank Accounts-The Donee's Inter Vivos Interest, David K. Kroll S.Ed.
Michigan Law Review
The use of joint bank accounts has become widespread throughout the United States in recent years and has been the source of considerable litigation and comment. The predominant importance of this type of account is that it allows funds remaining at the death of a co-depositor to pass to the survivor without the necessity of a will. This aspect of the account, causing it to be known sometimes as a "Poor Man's Will," has been the focal point of the attention given to the transaction; and today, after more than half a century of uneven treatment by the courts, all …
Joint Tenancy And Community Property, Yale B. Griffith
Joint Tenancy And Community Property, Yale B. Griffith
Washington Law Review
The public demand in Washington which led to the adoption of the joint tenancy initiative is not surprising in view of the widespread use of this form of title in other states. However, Washington is still a community property state and the people's desire for joint tenancy with its popular survivorship feature does not necessarily indicate their intention to change the community property system. Laymen will commonly use community funds to buy property and will now take title in joint tenancy, fully hoping to have some of the advantages of each. This practice has led to a deluge of litigation …
Torts--Parent And Child--Parent Liability For Tort Of Child Where Parent Negligent In Failing To Restrain Child, David Mayer Katz
Torts--Parent And Child--Parent Liability For Tort Of Child Where Parent Negligent In Failing To Restrain Child, David Mayer Katz
West Virginia Law Review
No abstract provided.
Right Of Surviving Divorced Parent To Custody Of Children
Right Of Surviving Divorced Parent To Custody Of Children
Washington and Lee Law Review
No abstract provided.
The Ninth Ground For Divorce In Virginia: Statutory Separation For Three Year, D. A. Hendler, W. Kendall Lipscomb Jr.
The Ninth Ground For Divorce In Virginia: Statutory Separation For Three Year, D. A. Hendler, W. Kendall Lipscomb Jr.
William & Mary Law Review
No abstract provided.
Wills - Probate - "Fraudulent" Destruction Notwithstanding Testator's Knowledge, Alan Rothenberg
Wills - Probate - "Fraudulent" Destruction Notwithstanding Testator's Knowledge, Alan Rothenberg
Michigan Law Review
Decedent executed a will in which he exercised a general testamentary power of appointment making plaintiff beneficiary of a trust. The will was delivered for safekeeping to a notary in Germany and subsequently destroyed in a bombing raid. Decedent, having learned of the destruction of his will, died ten months later without executing a new will in the interim. The Surrogate admitted the will for probate as one "fraudulently destroyed" under New York law. The Appellate Division reversed. On appeal to the New York Court of Appeals, held, reversed, three judges dissenting. The will was "fraudulently destroyed" within the meaning …
Estoppel By Deed - Application Between Tenants By The Entirety - Day V. Truitt, Donald E. Sharpe
Estoppel By Deed - Application Between Tenants By The Entirety - Day V. Truitt, Donald E. Sharpe
Maryland Law Review
No abstract provided.
Separation As A Ground For Divorce In Virginia, Charles P. Beemus
Separation As A Ground For Divorce In Virginia, Charles P. Beemus
University of Richmond Law Review
Jurisdiction to grant divorce in all of the states is purely statutory and the grounds are only those set out in the statutes. Accordingly, no matter how unhappy a married couple is, or how great their desire to end the marriage, unless a statutory ground exists, there can be no relief in the form of divorce. Virginia now has nine statutory grounds for an absolute divorce from the bond of matrimony.
Involuntary Wage Assignments: A New Approach For Effective Enforcement Of Support Obligations, Roger A. Olson
Involuntary Wage Assignments: A New Approach For Effective Enforcement Of Support Obligations, Roger A. Olson
Buffalo Law Review
Feder v. Skyway Container Corp., - Misc. 2d-, 218 N.Y.S.2d 362 (Sup. Ct. 1961).
Conclusiveness Of Blood Tests In Paternity Suits - State V. Pernell, James P. Lewis, Larry H. Pozanek
Conclusiveness Of Blood Tests In Paternity Suits - State V. Pernell, James P. Lewis, Larry H. Pozanek
Maryland Law Review
No abstract provided.
Notable Legislation Of 1962, Harry L. Snead Jr.
Notable Legislation Of 1962, Harry L. Snead Jr.
University of Richmond Law Review
Unless otherwise indicated, the statutes and amendments noted below will be effective on June 29, 1962. All code refer- ences are to the 1950 Code of Virginia.
Domestic Relations - State Has Power To Order Medical Treatment For Child In Spite Of Parents' Religious Objections, Joseph F. Doyle
Domestic Relations - State Has Power To Order Medical Treatment For Child In Spite Of Parents' Religious Objections, Joseph F. Doyle
Villanova Law Review
No abstract provided.
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Cleveland State Law Review
Most jurisdictions recognize habitual drunkenness either as an independent ground for divorce or consider it as a factor in determining some other wrong. An examination of the cited cases indicates that the drunkenness complained of must produce some adverse effect upon the family, either of a mental, physical, or economic nature. The courts, in guarding the marital institution, will not permit a divorce where the complainant has condoned the actions of the defendant, connived to bring about the ground for dissolution of the marriage, or where there is premarital knowledge of the intemperance.
The Case For Marriage By Proxy, Marvin M. Moore
The Case For Marriage By Proxy, Marvin M. Moore
Cleveland State Law Review
Though only a minority of American jurisdictions sanction marriage by proxy, considerations of logic and public policy indicate that many more should do so. These include those common law marriage jurisdictions which do not require cohabitation and those non-common law marriage states which have no statutes clearly requiring both parties personally to apply for the license or personally to attend the ceremony. It is hoped that this situation will be remedied. When a state assumes the authority to prescribe the sole conditions under which its inhabitants may enter into so basic a relation as that of marriage, it incurs the …
The Economics Of A Divorce: A Pilot Empirical Study At The Trial Court Level, Dan Hopson Jr.
The Economics Of A Divorce: A Pilot Empirical Study At The Trial Court Level, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Cleveland State Law Review
Most jurisdictions recognize habitual drunkenness either as an independent ground for divorce or consider it as a factor in determining some other wrong. An examination of the cited cases indicates that the drunkenness complained of must produce some adverse effect upon the family, either of a mental, physical, or economic nature. The courts, in guarding the marital institution, will not permit a divorce where the complainant has condoned the actions of the defendant, connived to bring about the ground for dissolution of the marriage, or where there is premarital knowledge of the intemperance.
Property Rights In Divorce And Separate Maintenance Cases, Dan Hopson Jr.
Property Rights In Divorce And Separate Maintenance Cases, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Foreword: Student Symposium On The Child And The Law, Dan Hopson Jr.
Foreword: Student Symposium On The Child And The Law, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.