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Elder Law

Marquette University Law School

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Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone Oct 2012

Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone

Marquette Elder's Advisor

No abstract provided.


Over My Dead Body: A New Approach To Testamentary Restraints On Marraiage, Ruth Sarah Lee Jan 2012

Over My Dead Body: A New Approach To Testamentary Restraints On Marraiage, Ruth Sarah Lee

Marquette Elder's Advisor

It is not uncommon to find deeds or wills that shape the behavior of the living by conditioning a grant, devise, or bequest, on a potential beneficiary’s conduct. Sometimes these conditions involve a limitation on marriage—prohibiting, penalizing, or requiring marriage to one of a particular religious faith or ethnicity. Courts have held that complete restraints on marriage are unreasonable, contrary to public policy, and void. However, partial restraints of marriage are valid as long as they are “reasonable.” A restraint is “unreasonable” if a marriage permitted by the restraint is not likely to occur as a factual determination.

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