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Spousal Election: Suggested Equitable Reform For The Division Of Property At Death, Angela M. Vallario
Spousal Election: Suggested Equitable Reform For The Division Of Property At Death, Angela M. Vallario
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Testators have traditionally enjoyed immense discretion in directing the disposition of their wealth upon death; however, when a spouse survives the testator, public policy dictates a limitation on the testator's ability to dispose of property. American jurisdictions impose this limitation through the elective share in common law states and by the nature of property ownership in community property states. Ideally, this limitation should ensure equitable financial protection for the surviving spouse and protect his or her interest in assets that were accumulated with the decedent, yet the current elective share methods fall short of these goals.
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
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Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …