Law Commons^™

How U.S. Family Law Might Deal With Spousal Relationships Of Three (Or More) People, Edward D. Stein

Articles

For much of this nation's history, the vast majority of people have believed that being married to more than one person at the same time is deeply problematic. Further, polygamous marriage has never been legal in the United States. Despite this, some people have been in plural or group relationships and some of these people have wished to gain legal recognition for these relationships. The arguments for recognizing such relationships are persuasive, but the prospects for legalization of polygamous marriage seem slim in the near future. This Article offers a suggestion of how the law of domestic relations might deal …

Enforceability Of Agreements To Arbitrate: An Examination Of The Public Policy Defense, Stewart E. Sterk

Articles

This Article seeks to demonstrate that the public policy of doctrine should be, and in general has been, limited to two types of cases. First, as already discussed, an agreement to arbitrate should not be enforced when the statute or case law principle at issue has aims other than promoting justice between the parties. Second, when a party to the agreement belongs to a class peculiarly subject to imposition by the class to which the other party belongs, an agreement to arbitrate will not and should not be enforced.

In the latter class of cases, the susceptibility to imposition may …