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Full-Text Articles in Law
Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams
Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams
Law and Contemporary Problems
Military exclusion policies have been challenged by straight women, gays and lesbians. Questions about the arguments and the institutional mechanisms through which change can best be achieved are discussed.
The Triumph Of Equity, Douglas Laycock
The Triumph Of Equity, Douglas Laycock
Law and Contemporary Problems
It is argued that the equitable remedies of injunction and specific performance have become routine in many legal contexts. This claim is supported by an overview of the contributions of equity to remedies, procedure and substantive law and to contemporary attitudes toward discretion and formalism.
Death By Default, James Lindgren
Death By Default, James Lindgren
Law and Contemporary Problems
It is argued that most people would prefer that their lives not be artificially prolonged and that, in the absence of evidence that a particular person would have preferred otherwise, courts should permit life support to be withdrawn. A counter argument is presented.
“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell
“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell
Law and Contemporary Problems
The "chancellor's foot" is a term coined by English legal scholar John Selden for the argument that equity is an unjustified and unfortunate interference in the regular course of the rule of law. This issue is examined by focusing on a particular doctrine of equity, the constructive trust, and on a seminal figure in the development of the modern US understanding of constructive trusts, Benjamin Cardozo.
No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.
No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.
Law and Contemporary Problems
Prominent areas in which the US Supreme Court has denied equitable relief are examined, demonstrating the limited nature of equity's "triumph" in federal public law. The rationale behind the trend away from equity in such decisions is discussed.
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Law and Contemporary Problems
The characterization of the rents, issues and profits from separate property brought into or acquired during marriage is discussed. There has been no comprehensive treatment of this issue in community property case law and literature in recent years.
Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham
Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham
Law and Contemporary Problems
The systems that have been created in community property states to address the management of various types of community property are surveyed, and an optimal managment system for marital property is recommended.
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
Law and Contemporary Problems
A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.
Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg
Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg
Law and Contemporary Problems
A generally accepted economic and accounting definition of goodwill is presented. Divorce-related issues of goodwill are discussed.
The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch
Law and Contemporary Problems
Succession laws for those who have important connections with more than one country are clarified by the Hague Convention of Oct 20, 1988 on the Law Applicable to Succession to the Estates of Deceased Persons. One aspect of the Convention, mandatory survivorship rules, is examined, and possible effects of the testator's choice of law on them are considered.
Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier
Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier
Duke Law Journal
No abstract provided.
Pensions And Passivity, Gregory S. Alexander
Pensions And Passivity, Gregory S. Alexander
Law and Contemporary Problems
The corporate pension system as a mode of owning pooled capital is examined as a new stage of passive ownership. Passive ownership disaggregates beneficial property rights away from ownership's control and management functions.
Comment: Passions And Passivity, Bruce A. Wolk
Comment: Passions And Passivity, Bruce A. Wolk
Law and Contemporary Problems
Gregory S. Alexander's argument that pension funds, which are passively owned, can act as a device for achieving workplace democracy is criticized. It is argued that Alexander places the wrong emphasis on the relationship between property ownership and public responsibility.
Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter
Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter
Law and Contemporary Problems
It is argued that the "fiduciary" duty being claimed by banking regulators against depository institutions arising out of the S&L scandal is actually a distinct statutory duty.
Remembering Jefferson, Paul D. Carrington