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Full-Text Articles in Law

Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Gregory S. Alexander, Mary L. Fellows Dec 2014

Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Gregory S. Alexander, Mary L. Fellows

Gregory S Alexander

In this paper we develop two theses. First, we argue that uniform law proposals that ask courts and practitioners to abandon revered legal traditions and ways of thinking about estates and trusts, even when they are intent-furthering proposals, face resistance until in time the glories of the past and the risks of a new legal regime fade in importance in legal thought. Second, we argue that, especially within an environment in which states seek to gain competitive advantage over their counterparts in other states, the glories of the past and the risks of a new legal regime fade fastest when …


The Sky Didn’T Fall: The Meaning And Legal Effects Of The North Carolina Marriage Amendment, E. Gregory Wallace Nov 2014

The Sky Didn’T Fall: The Meaning And Legal Effects Of The North Carolina Marriage Amendment, E. Gregory Wallace

E. Gregory Wallace

No abstract provided.


Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher Chao-Hung Chen Jun 2014

Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

This article presents an empirical study of the development of Singapore’s insurance contract law in relation to English law. The gene of Singapore’s insurance law is very English. The empirical data show a lack of momentum in driving insurance law forward by case law. This may justify further legislative reform to address not only the known doctrinal issues inherited from English law but also the specific problems facing consumer insurance. Singapore’s competitiveness in the global insurance market will be an instrumental factor to determine how far Singapore continues to follow English law in the future.


Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark May 2014

Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark

Leigh S. Goodmark

This Article focuses on a central failure in domestic violence law and policy reform—the creation of a body of law and set of policies based on outmoded notions of what domestic violence is, the identities of the women who experience violence, the identities of their partners, and what such women need and want. The theoretical underpinnings of domestic violence law and policy largely are to blame for this excessively narrow and problematic view of domestic violence.