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Full-Text Articles in Law

Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh Jun 2020

Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh

Pepperdine Law Review

When a Hasidic person files for divorce under New York law, either party to the marriage may invoke a declaratory judgment action to establish certain rights in a settlement agreement. If children are involved, such an agreement may include a religious upbringing clause, dictating that the child is to be raised in accordance with their then-existing religion—Hasidism. Deviation from the contract risks removal from the aberrant parent who intentionally or unwittingly allows the child to wane into secularism. Although the child’s best interest is the cornerstone of custodial analysis, a problem emerges when his or her best interest is couched …


Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D. Jan 2020

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.


The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit Jan 2015

The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit

Georgia Journal of International & Comparative Law

No abstract provided.


Sifre V. Sifre, Victoria Rosner Jan 2011

Sifre V. Sifre, Victoria Rosner

NYLS Law Review

No abstract provided.


To Agree Or Not To Agree: Treatment Of Postnuptial Agreements Under Oklahoma Law, Stephen T. Gary Jan 2011

To Agree Or Not To Agree: Treatment Of Postnuptial Agreements Under Oklahoma Law, Stephen T. Gary

Oklahoma Law Review

No abstract provided.


Customized Marriage, James Herbie Difonzo Jul 2000

Customized Marriage, James Herbie Difonzo

Indiana Law Journal

No abstract provided.


The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz Jan 1992

The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz

Maryland Law Review

No abstract provided.


Divorce In Utopia, Thomas A. Cowan Jan 1971

Divorce In Utopia, Thomas A. Cowan

Indiana Law Journal

No abstract provided.


Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle May 1955

Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle

Michigan Law Review

Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …


Husband And Wife-Antenuptial Contracts, B. Bernard Wolson Jun 1943

Husband And Wife-Antenuptial Contracts, B. Bernard Wolson

Michigan Law Review

Prior to the enactment of the statute of uses the wife's dower could not be bargained away. Thus dower constituted a clog upon alienation. Antenuptial contracts therefore were not recognized. However, with the passing of the statute of uses, jointures came into existence as means of barring dower and making alienation free. Jointures were of two kinds, viz., legal and equitable. As the law developed in England both types were recognized; but as the law developed in the United States, statutes were enacted specifically providing for jointures and antenuptial contracts. Our courts generally considered them as equitable in nature. These …


Divorce Under The Indiana Law, For Abandonment, Cruelty Or Failure To Provide, W. W. Thornton Apr 1927

Divorce Under The Indiana Law, For Abandonment, Cruelty Or Failure To Provide, W. W. Thornton

Indiana Law Journal

No abstract provided.


Lovers' Contracts In The Courts: Forsaking The Minimum Decencies, Judith T. Younger Feb 207

Lovers' Contracts In The Courts: Forsaking The Minimum Decencies, Judith T. Younger

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.