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Articles 1 - 8 of 8
Full-Text Articles in Family Law
Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
Dr. Muhammad Munir
This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.
The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen
The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen
ExpressO
This paper focuses on the struggles that infertile women face to achieve motherhood because their rights are underrepresented in the American court system. It specifically centers on how the process of in vitro fertilization (IVF) helps infertile women conceive children, but then details the problems that increasing technology now causes for these women after they freeze embryos and then divorce. Because the courts of only four states have determined who gets custody of these embryos after a divorce, and because the divorce rate and the number of couples utilizing IVF are increasing, future states will likely be forced to answer …
African American Intimacy: The Racial Gap In Marriage, R. Richard Banks, Su Jin Gatlin
African American Intimacy: The Racial Gap In Marriage, R. Richard Banks, Su Jin Gatlin
Michigan Journal of Race and Law
This essay is divided into three parts. Part I documents the extent of the racial gap in marriage. Part II uses the marriage patterns of affluent Black men in particular to speculate about how the relationships of Black men and women might be influenced by the relative numbers of men and women and the men's socioeconomic characteristics in ways that depress marriage rates. Part III connects the low rate of marriage among African Americans to the differing interracial marriage rates of Black men and women.
Publicity Rights As Moral Rights, David Landau, David Westfall
Publicity Rights As Moral Rights, David Landau, David Westfall
Scholarly Publications
Recent legal history has witnessed the creation of a large number of new forms of property. Consequently, judges and legislators have generally been willing to imbue these new forms of property with all or most of the attributes of traditional property. In this article we try to explain this trend by examining one important new kind of property, the publicity right. Publicity rights initially emerged in response to functionalist considerations: transferable rights were needed to keep pace with commercial custom. As time went on, courts began to expand the attributes of the right to new frontiers, such as inheritability. In …
Two Ways To End A Marriage: Divorce Or Death, Laura A. Rosenbury
Two Ways To End A Marriage: Divorce Or Death, Laura A. Rosenbury
UF Law Faculty Publications
Default rules governing property distribution at divorce and death are often identified as one of the primary benefits of marriage. This Article examines these default rules in all fifty states, exposing the ways property distribution differs depending on whether the marriage ends by divorce or death. The result is often counter-intuitive: in most states, a spouse is likely to receive more property if her marriage ends by divorce than if the marriage lasts until "death do us part." This difference can be explained in part by the choices of feminist activists over the past thirty-five years: feminists played a large …
Unhappy Contracts: The Case Of Divorce Settlements, Margaret F. Brinig
Unhappy Contracts: The Case Of Divorce Settlements, Margaret F. Brinig
Journal Articles
This paper examines a particular type of contracts that is, sadly, increasingly frequent: the agreements produced by divorcing couples. They are unhappy contracts, agreements produced as a necessary part of exit from what is now suboptimal marriage. They are virtually required by many states and are, in theory at least, closely monitored by courts since, when children are involved, they will be incorporated into court orders.What parties to unhappy contracts do is attempt to minimize losses, rather than maximize gain. How are contracts structured that will do this, and how does a difference in the size or power of the …
Does Parental Autonomy Require Equal Custody At Divorce?, Margaret F. Brinig
Does Parental Autonomy Require Equal Custody At Divorce?, Margaret F. Brinig
Journal Articles
This paper considers the affect of amendments to state divorce laws that strengthen their joint custody preference. It does so in the context of suits by noncustodial parents challenging substantive custody standards not requiring equal custody at divorce. The complaint is that most custody laws, by using a best interests standard rather than equally dividing custodial time, violate substantive due process. Further, two states, Iowa and Maine, have recently amended their custody legislation to strongly presume joint physical custody.
After setting out the constitutional problem and describing the legislation in some detail, this paper tests the effects of the change …
Legal Images Of Fatherhood: Welfare Reform, Child Support Enforcement, And Fatherless Children, Jane C. Murphy
Legal Images Of Fatherhood: Welfare Reform, Child Support Enforcement, And Fatherless Children, Jane C. Murphy
All Faculty Scholarship
This Article analyzes the issue of paternity disestablishment, an issue courts and legislatures have been struggling with over the last several years. For a variety of reasons explored in this Article, an increasing number of fathers have filed requests to set aside paternity orders seeking to be relieved of the legal obligations of fatherhood. As a result families have been destabilized and children are becoming fatherless. The implications for the future of the family are profound. Although some scholars have examined this phenomenon, none have addressed the link between paternity disestablishment and welfare reform.
This Article explores the law's evolving …