Law Commons^™

Recent Decisions

Fordham Law Review

No abstract provided.

Husband And Wife--Memorandum On The Mississippi Woman's Law Of 1839, Elizabeth Gaspar Brown

Michigan Law Review

In retrospect, it seems a logical development that married women in the United States should have acquired substantial legal equality with men. The conditions of pioneer life, the relatively high sentimental value placed upon women, the increasing degree of social and domestic freedom which American women enjoyed-all were incompatible with the strict theories of the common law which placed a married woman and her property under the absolute control of her husband.

"The Issue Of Marriages Deemed Null In Law . . . Shall Nevertheless Be Legitimate", Dudley Warner Woodbridge

Faculty Publications

No abstract provided.

Recent Decisions

Fordham Law Review

No abstract provided.

Interstate Recognition Of Marriage - Bannister V. Bannister

Maryland Law Review

No abstract provided.

Developments In The Conflict Of Laws, 1902-1942, Ernest G. Lorenzen

Michigan Law Review

The writer's interest in the conflict of laws coextends substantially with the life of the Michigan Law Review. This may be some excuse for attempting to trace some of the developments in this field in the intervening years. Let us consider first what has happened in this country and thereupon what has occurred in the rest of the world.

El Matrimonio Anómalo (Por Equiparación), Treinta Años Después (1940-1970), Eduardo Le Riverend Brusone

Mario Diaz Cruz Pamphlets

Sobretiro de la Revista de la Facultad de Derecho de México. Tomo XXI. Enero-Junio, 1971. Núm. 81-82.

Administrative Law - Selective Service Act - Finality Of Local Draft Board's Classifications, William H. Shipley

Michigan Law Review

The wife of a registrant who had been placed in class I-A and inducted into the army under the Selective Training and Service Act of 1940 petitioned the federal district court for a writ of habeas corpus to secure her husband's release, contending that the draft board had acted arbitrarily in classifying him. The petitioner and the registrant became engaged in December, 1939, at which time the date of their wedding was set for January 4, 1941. On November 20, 1940, the registrant filed his questionnaire with his local board, indicating that he then had no dependents but that he …

Revocation Of Wills By Subsequent Change In The Condition Or Circumstances Of The Testator, Elizabeth Durfee

Michigan Law Review

Among the oldest rules in the law of wills are those by which a will is held to be revoked by implication by certain changes in the circumstances of the testator. The purpose of this paper is to investigate these rules. Special reference will be made to statutes, both those which deal generally with the subject and those which provide specifically for the effect of particular events, such as marriage; no attempt will be made, however to analyze the latter type of statute exhaustively. By way of introduction, a brief historical survey of the doctrine should be made.

Marriage And Annulment - Fraud - Concealment Of Nationality, R. B. L.

Louisiana Law Review

No abstract provided.

Wills - Construction - Limitation Of Defeasance Clause, Herbert R. Whiting

Michigan Law Review

Testatrix died leaving as her only heirs at law and next of kin a son, Thomas, and a grandaughter, Malinda, to whom she devised her estate in approximately equal shares. At the time she executed her will Thomas was twenty-two years of age and unmarried and Malinda was eleven. The principal case turns on the construction of a clause in her will, devising a parcel of land to Malinda, which reads as follows: "I give and bequeath ... the same to the said Malinda McK. Young and her children but if the said Malinda McK. Young shall die before she …

The Revision Of The Treaties Of Montevideo On The Law Of Conflicts, Ernst Rabel

Michigan Law Review

In its issue of July 1940, the Revista Juridica Argentina of Buenos Aires has published the new "Tratados de Derecho Internacional Privado" of Montevideo concluded in 1939 and 1940. We are grateful to this review for apprising us of a significant event in the field of international codification.

Title Iv. Of Husband And Wife (Art. 86 - 137), Louisiana

Book I

• Chap. 1. On Marriage (Art. 86 - 89)
• Chap. 2. How Marriages May Be Contracted or Made (Art. 90 - 97)
• Chap. 3. Of the Celebration of Marriages (Art. 98 - 109)
• Chap. 4. Of the Nullity of Marriages (Art. 110 - 118)
• Chap. 5. Of the Respective Rights and Duties of Married Persons (Art. 119 - 135)
• Chap. 6. Of the Dissolution of Marriage (Art. 136)
• Chap. 7. Of Second Marriage (Art. 137)

Title Iii. Of Absentees (Art. 47 - 85), Louisiana

Book I

• Chap. 1. Of the Curatorship of Absentees (Art. 47 - 56)
• Chap. 2. Of the Putting into Provisional Possession the Heirs of an Absentee (Art. 57 - 75)
• Chap. 3. Of the Effects of Absence upon the Eventual Rights Which May Belong to the Absentee (Art. 76 - 79)
• Chap. 4. Of the Effects of Absence Respecting Marriage (Art. 80)
• Chap. 5. Of the Care of Minor Children Where the Father Has Disappeared (Art. 81 - 85)

Title Vi. Of The Marriage Contract, And Of The Respective Rights Of The Parties In Relation To Their Property (Art. 2325 - 2437), Louisiana

Book III

• Chap. 1. General Dispositions (Art. 2325 - 2335)
• Chap. 2. Of the Various Kinds of Matrimonial Agreements (Art. 2336 - 2398)
• Chap. 3. Of the Community or Partnership of Acquets or Gains (Art. 2399 - 2424)
• Chap. 4. Of the Separation of Property Prayed for by the Wife during Marriage (Art. 2425 - 2437)

A Query About The New Marriage Age Law

Maryland Law Review

No abstract provided.

Obligatory Interstate Recognition Of Divorce Decrees–A New Trend?, Hamilton Vreeland, Jr.

Fordham Law Review

No abstract provided.

Family Watchdog, John S. Bradway

Faculty Scholarship

No abstract provided.

Taxation - Federal Estate Tax - Claims Arising Out Of An Antenuptial Agreement As Deductions From Gross Estate, Charles E. Nadeau

Michigan Law Review

An antenuptial agreement provided that in the event the wife survived her husband she would receive $50,000 in lieu of her dower rights. After his death the executors paid this sum, and then sought to deduct it from the gross estate as a claim against the estate. In affirming the Board of Tax Appeals the court held that marriage and relinquishment of dower were not "an adequate and full consideration in money or money's worth" and hence the claims were not deductible under the Revenue Act of 1926. Empire Trust Co. v. Commissioner of Internal Revenue, (C. C. A. …

Proof Of Marriage In Maryland

Maryland Law Review

No abstract provided.

Raíz Psicológica Y Sentido Ético Del Matrimonio, Emilio Menéndez

Mario Diaz Cruz Pamphlets

Conferencia leída en el Lyceum de La Habana el día ocho de Junio de 1938.

Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann

Michigan Law Review

Plaintiff sued for damages for breach of promise to marry and seduction, after the enactment of a New York statute which abolished such causes of action. The court held for the defendant, basing its recognition of the validity of the statute on the ground that the legislature has plenary power to deal with the subject of marriage. Fearon v. Treanor, 272 N. Y. 268, 5 N. E. (2d) 815 (1936).

An Evaluation Of Washington Marriage Laws, Richard T. Young

Washington Law Review

Today the attitude of the public, as well as that of most lawmaking bodies, is still one of laissez faire towards this question of marriage laws. It is only when we realize that the problem is inherently involved with that of divorce, juvenile delinquency, pauperism and public health that the need for more scientific marriage legislation is made apparent. The appalling rate at which divorce and crime have increased in the United States in the last few years discloses serious deficiencies in those laws under which the family originates.

Gratuitous Promises-A New Writ?, Warren L. Shattuck

Michigan Law Review

Under the early common law, the fact situations which presented actionable wrongs were limited in number and stereotyped into various writs which issued from the Lord Chancellor. Only as new writs were devised by him was it possible for new fact situations to achieve the dignity of justiciability and so raise legal rights and duties. But with the liberalization of pleading the recognition of new legal rights and duties became a judicial function. In consequence, the constant struggle of new fact patterns for a place in the law is now principally waged before the courts. In this struggle some fail, …

Tampering With Marriage, John S. Bradway

Faculty Scholarship

No abstract provided.

Tort Suit By Wife Against Husband's Partnership - David V. David

Maryland Law Review

No abstract provided.

Book Review. Vernier, C. G., American Family Laws, Vols. 3 And 4, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Marriage Below The Statutory Age--Effect Of Cohabitation After Arriving At The Age, Town Hall

Kentucky Law Journal

No abstract provided.

The Action For Alienation Of Affections, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding

Michigan Law Review

The American decisions in Conflicts of Laws relating to the rights acquired by one spouse in the property of the other by virtue of the fact of marriage stand as a monument to Joseph Story . Almost without exception the cases discussed hereafter have been decided on the basis of his thorough analysis of the law of the Pandects and the eighteenth century civilians. Even where his principles have not been approved, the courts have departed from them only after real and serious consideration. This fact, kept in mind, greatly simplifies the study of the cases themselves.