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Articles 1 - 3 of 3
Full-Text Articles in Law
Over My Dead Body: A New Approach To Testamentary Restraints On Marriage, Ruth S. Lee
Over My Dead Body: A New Approach To Testamentary Restraints On Marriage, Ruth S. Lee
Ruth S Lee
Money is a tool that can be wielded from the grave. It is not uncommon to find deeds or wills that shape the behavior of the living by conditioning a grant, devise, or bequest, on a potential beneficiary’s conduct. Sometimes these conditions involve a limitation on marriage—prohibiting, penalizing, or requiring marriage to one of a particular religious faith or ethnicity. Courts have held that complete restraints on marriage are unreasonable, contrary to public policy, and void. However, partial restraints of marriage are valid as long as it is “reasonable.” A restraint is “unreasonable” if a marriage permitted by the restraint …
Locking In Wedlock: Reconceptualizing Marriage Under A Property Model, Ruth Sarah Lee
Locking In Wedlock: Reconceptualizing Marriage Under A Property Model, Ruth Sarah Lee
Ruth S Lee
Legal commentators have long understood divorce laws to reflect our cultural and ideological understanding of the role of marriage, but have criticized topical divorce laws for either failing to match up with current notions of fairness, or for under-compensating at least one party. As divorce laws have evolved, the way we conceptualize marriage has also evolved. Marriage has been modeled as, inter alia, a commitment, a governance, a promise, a tort-doctrinal duty, a status, and now more popularly, a contract or a partnership. Each model provides its own corollary for fairness and opportunism between spouses, possible remedies upon divorce, and …
Delaware’S Relevance In Chapter 22: Who Is “Courting Failure” Now?, Ruth S. Lee
Delaware’S Relevance In Chapter 22: Who Is “Courting Failure” Now?, Ruth S. Lee
Ruth S Lee
This study presents surprising new statistical evidence that contributes to the current “over-heated” academic debate about the Delaware courts’ role in Chapter 11 failure. In 2001, Professor LoPucki published an influential article suggesting that when large corporations file for bankruptcy under Chapter 11, they fail at a dramatically higher rate in Delaware courts than in other jurisdictions. He attributed this to corruption. His article enraged many academics and practitioners, and ignited many articles in the past two decades. This study presents startling evidence that while Chapter 11s filed in Delaware courts did have much higher failure rates from 1991-1996, after …