Law Commons^™

Spruce Run News (December 1982), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Surrogate Patenting Contracts, Assembly Committee On Judiciary

California Assembly

The main purpose of today's hearing is to establish a record as it relates to this most significant and controversial issue. We intend to take a closer look at arrangements in which a woman agrees to bear a child for a who is physically incapable of having their own children. I am sure that you have heard about this extremely controversial arrangement and AB 3771, the bill to legitimize surrogate parent contracts. We hope the testimony at this hearing will he us to examine the legal, social, and ethical implications of these contracts.

Pickett V. Brown, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Lehr V. Robertson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

No Judicial Dyslexia: The Custodial Parent Presumption Distinguishes The Paternal From The Parental Right To Name A Child, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Spruce Run News (August 1982), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …

Child Support, Assembly Committee On Judiciary

California Assembly

No abstract provided.

Spruce Run News (January 1982), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Foreign Migratory Divorces: A Reappraisal, Peter N. Swisher

Law Faculty Publications

The purpose of this Article is to review and reappraise the important legal principles involved in foreign country migratory divorces; to discuss the various public policy rationales behind them; and to suggest possible remedies to alleviate much of this ambiguity and confusion.

In undertaking this evaluation, the author is mindful of dual responsibilities-that divorce law in this area should be predictable and uniform in order to maintain the authority of legal precedent; but at the same time it must attempt to approximate, as closely as possible, the clearly demonstrated needs of society.

Guarding The Altar: Physiological Restrictions And The Rise Of State Intervention In Matrimony, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

State Marital Property Laws And Federally Created Benefits: A Conflict Of Laws Analysis, Louise Everett Graham

Law Faculty Scholarly Articles

The laws of individual states have historically controlled familial relationships and the rights and responsibilities derived from them. The injection of federal rights into the domestic relations area has generally been confined to resolution of claims that the application of particular state laws violated either due process or equal protection rights of particular persons. In a limited number of cases concerning marital property, however, one party has relied upon a federal law creating a benefit or right that conflicts with the state-created rule apportioning marital property or establishing a support obligation. Such a conflict of laws problem arose in McCarty …

Kentucky Law Survey: Domestic Relations, Louise Everett Graham, Janet Jakubowicz

Law Faculty Scholarly Articles

In the decade since Kentucky's adoption of the Uniform Marriage and Divorce Act (UMDA), appellate domestic relations opinions have focused primarily upon property division and child custody. Recent decisions continue this emphasis but also address problems regarding the marital relationship, spousal maintenance, and child support. This article provides a survey of Kentucky law in the field of domestic relations.

Protecting Individual Liberties In The Context Of Screening For Child Abuse, Donald N. Duquette

Book Chapters

A central role of the law in our society is to act as buffer between individual citizens and society at large. When personal freedom or liberty is at stake, the law acts as arbiter between individuals and government and allows liberty to be abrogated only after "due process of law." Due process is an attempt to insure fair treatment of all concerned-a quest for fairness. In what follows due process will be discussed further together with some examples of the due process model as applied to the child protection system. Certain risks to personal freedom are inherent in child protection. …

The Rights Of A Mexican Concubine Under Arizona Workmen's Compensation Law, John Flood

Articles by Maurer Faculty

The case of Fidel Ochoa Urquijo (deceased), Rosa Elda Velasquez (alleged widow) et al. v. Reidhead Enterprises and State Compensation Fund, decided by the Industrial Commission of Arizona in 1981, considers whether a woman, recognized as a surviving concubine under the laws of the Republic of Mexico, is entitled to widow's benefits under the Workmen's Compensation Act of the State of Arizona (the Arizona Act) upon the death of her Mexican national "husband, " when that death arose out of and in the course of his legal employment with an Arizona employer. Under Mexican law, a surviving concubine of an …

Community Property After Hisquierdo V. Hisquierdo, Marie Stefanini Newman

Elisabeth Haub School of Law Faculty Publications

This Comment will briefly discuss California's community property system, and the standards traditionally required by the Supreme Court for federal pre-emption of state property law. It will also examine the Supreme Court's interpretation of the Railroad Retirement Act which led the Court to conclude that the Supremacy Clause of the United States Constitution and demanded federal pre-emption in this case. It will discuss the Hisquierdo test for federal pre-emption, which the Supreme Court has since used to override state community property systems. Finally, it will evaluate whether the case was correctly decided.