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Full-Text Articles in Law
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Law and Contemporary Problems
The characterization of the rents, issues and profits from separate property brought into or acquired during marriage is discussed. There has been no comprehensive treatment of this issue in community property case law and literature in recent years.
Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham
Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham
Law and Contemporary Problems
The systems that have been created in community property states to address the management of various types of community property are surveyed, and an optimal managment system for marital property is recommended.
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
Law and Contemporary Problems
A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.
Restoration Of The Separate Estate From Community Property After The Equal Management Reform: Some Thoughts On Louisiana’S Reimbursement Rules, Cynthia Samuel
Restoration Of The Separate Estate From Community Property After The Equal Management Reform: Some Thoughts On Louisiana’S Reimbursement Rules, Cynthia Samuel
Law and Contemporary Problems
In 1980, Louisiana shifted from husband management to a general rule of equal management of the community property; these rules are more sympathetic to separate reimbursement claims than to safeguarding a spouse's interest in the community property. It is argued that Louisiana's rules on restoration of the separate estate need some revision.
The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch
Law and Contemporary Problems
Succession laws for those who have important connections with more than one country are clarified by the Hague Convention of Oct 20, 1988 on the Law Applicable to Succession to the Estates of Deceased Persons. One aspect of the Convention, mandatory survivorship rules, is examined, and possible effects of the testator's choice of law on them are considered.
Pensions And Passivity, Gregory S. Alexander
Pensions And Passivity, Gregory S. Alexander
Law and Contemporary Problems
The corporate pension system as a mode of owning pooled capital is examined as a new stage of passive ownership. Passive ownership disaggregates beneficial property rights away from ownership's control and management functions.
Comment: Passions And Passivity, Bruce A. Wolk
Comment: Passions And Passivity, Bruce A. Wolk
Law and Contemporary Problems
Gregory S. Alexander's argument that pension funds, which are passively owned, can act as a device for achieving workplace democracy is criticized. It is argued that Alexander places the wrong emphasis on the relationship between property ownership and public responsibility.