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Plural Marriage And Community Property Law, Diane J. Klein Jan 2011

Plural Marriage And Community Property Law, Diane J. Klein

Golden Gate University Law Review

Plural marriage makes strange bedfellows. Fundamentalist Mormons, polyamorous/ polyfidelitous sex radicals, and some feminists and proponents of same-sex marriage (including this author), share the view that freedom of intimate association under the United States Constitution, properly understood, must extend beyond the right to marry exactly one person of the opposite gender from oneself. But while it is one thing to endorse marriage freedom, as a matter of principle, it is quite another actually to implement it in law. If people could simultaneously have more than one spouse, the lawyer must ask, how would things actually work, from a marital property …

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Boggs V. Boggs: State Community Property And Succession Rights Wallow In Erisa's Mire, Tony Vecino Sep 2010

Boggs V. Boggs: State Community Property And Succession Rights Wallow In Erisa's Mire, Tony Vecino

Golden Gate University Law Review

This Note will summarize the history of Boggs and discuss the issues that led to a circuit split between the Fifth and Ninth Circuits regarding community property rights and ERISA protected pension plan benefits in the testamentary context. It will also track ERISA's legislative history to determine Congressional intent. In particular, this Note will examine inconsistencies among past judicial constructions based on the application of ERISA's preemption and spendthrift provisions to regulate private pension plans. Further, this Note will scrutinize the Court's holding in Boggs giving deference to the facts in the record to clarify the problems inherent in the …

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Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang Sep 2010

Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang

Golden Gate University Law Review

This survey of California, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.

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Survey: Women And California Law, Alan Black, Katherine Hardy Sep 2010

Survey: Women And California Law, Alan Black, Katherine Hardy

Golden Gate University Law Review

This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.

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Half A Loaf Is Better Than None: Sullivan Revisited, Bruce H. Rhodes Sep 2010

Half A Loaf Is Better Than None: Sullivan Revisited, Bruce H. Rhodes

Golden Gate University Law Review

Janet and Mark Sullivan married in September of 1967. Mark entered medical school the following year while Janet completed her undergraduate studies. For the next nine years of their ten year marriage, Mark attended medical school for four years, then completed his internship and his residency for five years. Janet provided support by working full time, and then part time when they moved to Oregon in 1972 for the benefit of Mark's career. She continued to work part time after their daughter was born in 1974. Janet and Mark separated in 1977 or 1978, then Mark set up his practice …

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Survey: Women And California Law, Carol A. King Sep 2010

Survey: Women And California Law, Carol A. King

Golden Gate University Law Review

This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.

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Survey: Women And California Law, Michele Modena-Kurpinsky Sep 2010

Survey: Women And California Law, Michele Modena-Kurpinsky

Golden Gate University Law Review

This survey of California case law and legislation is a regular feature of the Women's Law Forum. The survey summarizes recent California Supreme Court decisions, courts of appeal decisions, and new legislation which are of special importance to women. The focus of the survey is on presenting issues most pertinent to women, rather than on analyzing all issues raised in each case or bill. The survey period for cases in this issue is March 1, 1981 through February 28, 1982. Summaries of significant legislation enacted between October 1, 1980 and December 31, 1981 are also included.

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Survey: Women And California Law, Elaine Booras Sep 2010