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Full-Text Articles in Law
Are Premarital Agreements Really Unfair?: An Empirical Study, Elizabeth Carter
Are Premarital Agreements Really Unfair?: An Empirical Study, Elizabeth Carter
Journal Articles
The article focuses on unfair treatment of premarital agreements and data of the people who entered into premarital agreements including age at marriage, race, and political affiliation. It mentions substance of the premarital agreements including how the agreements divide property and whether the agreements waive spousal support. It also mentions premarital agreements involve the waiver of property rights.
Gay Marriage And The Problem Of Property, Andrea B. Carroll, Christopher K. Odinet
Gay Marriage And The Problem Of Property, Andrea B. Carroll, Christopher K. Odinet
Journal Articles
The Supreme Court's gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as varied as adoption and taxes, a myriad of rights have now descended upon gay couples as a result of the Court's ruling. In this Commentary, we explore the little discussed downsides of the decision when it comes to the property rights and debts of the spouses. This is particularly important when considering the rights of third parties and their settled expectations in the context of retroactivity, as well the ways in which the Court's decision may …
The Origin Of Parental Rights: Labor, Intent, And Fathers, Dara Purvis
The Origin Of Parental Rights: Labor, Intent, And Fathers, Dara Purvis
Journal Articles
Most theories of parentage fail to explain the genesis of the right to parent - for example, why does a biological relationship generate parental rights? This Article shows that the law of parental rights mirrors theories of acquiring property, and that the law has shifted over time, from favoring a property right based in genetics to a Lockean theory of property rights earned through labor. The growth of Lockean labor-based theories is epitomized in reforms to parentage laws that incorporate functional theories of parenting, meaning that adults who perform caretaking work that creates a significant relationship with children are recognized …