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Articles 361 - 388 of 388
Full-Text Articles in Family Law
Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts
Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Reproduction With Technology: The New Eugenics, Margaret Phillips
Reproduction With Technology: The New Eugenics, Margaret Phillips
In the Public Interest
No abstract provided.
Legal Rape: The Marital Rape Exemption, 24 J. Marshall L. Rev. 393 (1991), Sandra L. Ryder, Sheryl A. Kuzmenka
Legal Rape: The Marital Rape Exemption, 24 J. Marshall L. Rev. 393 (1991), Sandra L. Ryder, Sheryl A. Kuzmenka
UIC Law Review
No abstract provided.
Ex Proprio Vigore, James J. White
Ex Proprio Vigore, James J. White
Articles
The National Conference of the Commissioners on Uniform State Laws (NCCUSL) is a legislature in every way but one. It drafts uniform acts, debates them, passes them, and promulgates them, but that passage and promulgation do not make these uniform acts law over any citizen of any state. These acts become the law of the various states only ex proprio vigore - only if their own vitality influences the legislators of the various states to pass them.
Chapter 5 - Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America (Previously Published Article), Elizabeth B. Clark
Chapter 5 - Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America (Previously Published Article), Elizabeth B. Clark
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
In the covenant of marriage, woman is compelled to promise obedience to her husband, he becoming, to all intents and purposes, her master -- the law giving him power to deprive her of her liberty, and to administer chastisement. He has so framed the law of divorce . . . as to be wholly regardless of the happiness of women -- the law, in all cases, going upon a false supposition of the supremacy of man, and giving all power into his hands.
Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America, Elizabeth B. Clark
Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America, Elizabeth B. Clark
Publications
In the covenant of marriage, woman is compelled to promise obedience to her husband, he becoming, to all intents and purposes, her master -- the law giving him power to deprive her of her liberty, and to administer chastisement. He has so framed the law of divorce . . . as to be wholly regardless of the happiness of women -- the law, in all cases, going upon a false supposition of the supremacy of man, and giving all power into his hands.
Promulgating The Marriage Contract, Lynn A. Baker
Promulgating The Marriage Contract, Lynn A. Baker
University of Michigan Journal of Law Reform
I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …
The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark
The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark
Publications
This thesis examines the role of religion— both liberal and evangelical Protestantism— in the development of a feminist political theory in America during the nineteenth century and how that feminist theory in turn helped to transform American liberalism. Chapter 1 looks for the genesis of women's rights language, not in the republican rhetoric of the Founding Fathers, but in the teachings of liberal Protestantism and its links with laissez-faire economic theory. The antebellum understanding of rights is shown to have encompassed social and civil rights alike, and to have arisen from a vision of the mutual benefits that derived from …
The Family Court: An Historical Survey, Merril Sobie
The Family Court: An Historical Survey, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
The New York Family Court this year celebrates its twenty-fifth anniversary. Hailed as an "experimental" tribunal, designed to resolve society's most intractable problems, including family dissolution, delinquency and child neglect, the court has been perceived as a radical development which altered the then existing legal rules governing family affairs. The Family Court Act indeed incorporates several creative provisions. But the court's foundations were built upon solid jurisprudential underpinnings, principles which had evolved over the course of the preceding century. Establishment of the court was neither radical nor experimental; in reality, Family Court represents the latest increment in the development of …
Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller
Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller
Articles
There has been much, mostly inconclusive, discussion about how to define the household in a manner suitable for comparative purposes. Certain conventional criteria are not very useful in the Icelandic context, where it appears that a person could be attached to more than one household, where the laws suggest it was possible for more than one household to be resident in the same uncompartmentalised farmhouse; and where headship might often be shared. Definitions, for example, based on co residence or on commensalism do not jibe all that well with the pastoral transhumance practised by the Icelanders. Sheep were tended and …
The Legal History Of The Family, Lee E. Teitelbaum
The Legal History Of The Family, Lee E. Teitelbaum
Michigan Law Review
A Review of Governing the Hearth: Law and the Family in Nineteenth-Century America by Michael Grossberg
The Right To Parenthood And The Best Interests Of The Child: A Perspective On Surrogate Motherhood In Jewish And Israeli Law, Pinhas Shifman
The Right To Parenthood And The Best Interests Of The Child: A Perspective On Surrogate Motherhood In Jewish And Israeli Law, Pinhas Shifman
NYLS Journal of Human Rights
No abstract provided.
Miscegenation, Eugenics, And Racism: Historical Footnotes To Loving V. Virginia, Paul A. Lombardo
Miscegenation, Eugenics, And Racism: Historical Footnotes To Loving V. Virginia, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
Crossing Boundaries: Nineteenth-Century Domestic Relations Law And The Merger Of Family And Legal History, Michael Grossberg
Crossing Boundaries: Nineteenth-Century Domestic Relations Law And The Merger Of Family And Legal History, Michael Grossberg
Articles by Maurer Faculty
This essay argues for the need to study the legal history of the American family. It does so by combining a critique of secondary literature in family and legal history with examples from nineteenth-century domestic relations law. These examples, drawn from family law doctrines on seduction under the cover of a marriage promise, runaway marriages, and bastardy, are used to indicate the benefits of adding a sociocultural dimension to legal history and legal and institutional dimensions to family history. Three main themes in the history of nineteenth-century domestic relations law are developed to make these points: the law's particular fabric …
Guarding The Altar: Physiological Restrictions And The Rise Of State Intervention In Matrimony, Michael Grossberg
Guarding The Altar: Physiological Restrictions And The Rise Of State Intervention In Matrimony, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.
What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.
Michigan Law Review
Categorizing broadly, the marital property systems of the Western nations today are divided into two types: those in which husband and wife own all property separately except those items that they have expressly agreed to hold jointly (in a nontechnical sense) and those in which husband and wife own a substantial portion or even all of their property jointly unless they have expressly agreed to hold it separately. The system of separate property is the "common law" system, in force in most jurisdictions where the Anglo-American common law is in force. The system of joint property is the community property …
State V. Smith: Presumption Of Husband's Coercion Over Wife, Kevin O. Easley
State V. Smith: Presumption Of Husband's Coercion Over Wife, Kevin O. Easley
North Carolina Central Law Review
No abstract provided.
Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman
Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman
Villanova Law Review
No abstract provided.
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume
Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume
Michigan Law Review
The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Conditions And Limitations In Restraint Of Marriage, Olin Browder Jr.
Conditions And Limitations In Restraint Of Marriage, Olin Browder Jr.
Michigan Law Review
From ancient times it has been a practice of testators to provide for the termination of a devised estate upon the marriage of the devisee, or to make their gifts conditional upon a beneficiary's marrying in a prescribed manner. In this way, a parent may hope to extend beyond his death his influence over recalcitrant or irresponsible offspring. But restraints on marriage may have other purposes. More often than not, a testator, by limiting an estate until marriage or by providing for forfeiture upon marriage, may merely seek to assure the maintenance of a female beneficiary until a husband assumes …
Early Washington Marital Property Statutes, Cyril Hill
Early Washington Marital Property Statutes, Cyril Hill
Washington Law Review
Twenty years prior to statehood, the legislature of the Territory of Washington adopted the Community Property System. For nearly seventy years the courts have struggled with its provisions. Although the original act was copied largely from a statute adopted in California in 1850, such changes have been made, that the system in Washington may be regarded as unique. The adoption of the system in its present form was not accomplished by one stroke of the pen. Rather, it has had a checkered career. The original statute passed in 1869 was followed by a marital partnership property act approved November 29, …
Wills - Legacies On Impossible Or Illegal Conditions Precedent
Wills - Legacies On Impossible Or Illegal Conditions Precedent
Michigan Law Review
If a devise of realty be upon a condition subsequent which is impossible of performance or which is illegal as being malum prohibitum, it is generally held that the condition is void, but the devise is free and single. In this respect the law pertaining to legacies upon condition materially agrees with that upon devises of realty. But perhaps one of the most unusual distinctions drawn in the law of property is that which is drawn between an illegal or an impossible condition precedent to a legacy of personalty and an illegal or an impossible condition precedent to a …
Divorce - Recrimination As A Defense
Divorce - Recrimination As A Defense
Michigan Law Review
If both parties have a right to divorce, neither party has. This judicial pronouncement, paradoxical and puzzling as it must seem, at least to the lay mind, nevertheless embodies the kernel of the doctrine of recrimination as it is applied in divorce cases by modem courts. One party seeks divorce and proves beyond doubt that he or she is entitled to relief. But, if it is found that the complaining party too, is guilty of conduct for which a divorce may be granted, the court turns a deaf ear to both. For, in the oft quoted words of Chancellor Wallworth, …
Dower In Judicial Actions, Clarence E. Martin
Dower In Judicial Actions, Clarence E. Martin
West Virginia Law Review
No abstract provided.
Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates
Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates
Michigan Law Review
History of the San Francisco Committee of Vigilance of 1851. By Mary Floyd Williams. University of California Publications in History, Volume XII. "Berkeley: The University of California Press. 192I. Pp. xii, 543.