Law Commons^™

Plemel As A Primer On Proving Paternity, David H. Kaye

Journal Articles

Although in the past courts only permitted genetic evidence in paternity suits to prove that an accused man was not the father, with the advent of new genetic tests, which easily can exclude ninety to nitey-five percent of the population in most cases, the supreme courts of Massachusetts, Oregon, and Utah have held that various genetic tests may be used to prove paternity. While a positive move, the admissibility of genetic proof of paternity raises serious questions as to the manner in which this evidence should be presented in court. In the interests of efficiency, some jurisdictions seem to dispense …

Defending Battered Women's Self-Defense Claims, Kit Kinports

Journal Articles

This Article contends that many battered women who kill their abusive spouses can legitimately raise the standard self-defense claim. No substantial extension of self-defense doctrine is required to justify the acquittal of battered women on self-defense grounds. Furthermore, no special "battered women defense" is necessary or even desirable in such cases.

Part I of this Article summarizes the results of psychological research studying abused women and battering relationships. It further explains the concept of the :battered woman syndrome" which describes the effects of sustained physical and psychological abuse by one's husband. Part II discusses the requirements of a successful self-defense …

Reliance Interest In Marriage And Divorce, Margaret F. Brinig, June Carbone

Journal Articles

The first part of this article examines the changing nature of reliance on marriage as the relationship between the spouses and the role of the family has changed. The second section defines the ‘reliance interest,’ as that term has been used to describe contract damages, discusses its application to marriage, and examines the implications for the role of ‘fault’ in the financial allocations to be made upon divorce. The third section describes the varying state reactions to the adoption of no fault divorce and assesses the ability of existing law to protect the reliance interest in marriage. Finally, this article …