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Articles 1 - 30 of 41
Full-Text Articles in Law
Antenuptial And Postnuptial Contracts In Washington, Nancy C. Phelps
Antenuptial And Postnuptial Contracts In Washington, Nancy C. Phelps
Washington Law Review
Each state has developed its own standards for deciding when an antenuptial or postnuptial contract is "fairly" made. This comment analyzes the current requirements for validity imposed by the decisional and statutory law of the State of Washington.
Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad
Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad
Michigan Law Review
In recent years, litigation over property arrangements between unmarried cohabitants has posed some old questions in a new light and has yielded some new answers. One of the most intriguing of these questions is whether a cohabitant has a right, upon dissolution of the relationship, to remuneration for household services rendered during the relationship. A spouse who contributed household services in an actual marriage, of course, may upon divorce receive a share of the property acquired by the other spouse during the marriage or may receive a monetary award as compensation for the contributions made to the other during the …
From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege?
From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege?
BYU Law Review
No abstract provided.
Child Support: The Double Standard, Karen Colby Weiner
Child Support: The Double Standard, Karen Colby Weiner
Florida State University Law Review
No abstract provided.
The Proposed Arkansas Uniform Child Custody Jurisdiction Act, Edward O. Moody
The Proposed Arkansas Uniform Child Custody Jurisdiction Act, Edward O. Moody
University of Arkansas at Little Rock Law Review
No abstract provided.
An Evolutionary Consideration Of The Marriage Formalities Of Licensure And Solemnization As Manifested In Contemporary English And North Carolinian Statutory Law, Donald A. Powell
An Evolutionary Consideration Of The Marriage Formalities Of Licensure And Solemnization As Manifested In Contemporary English And North Carolinian Statutory Law, Donald A. Powell
North Carolina Central Law Review
No abstract provided.
Domestic Relations—Breach Of Promise To Marry: Relic Revisited To Exclude Expectation Damages—Stanard V. Bolin, 88 Wn. 2d 614, 565 P.2d 94 (1977), D. Joseph Hurson
Domestic Relations—Breach Of Promise To Marry: Relic Revisited To Exclude Expectation Damages—Stanard V. Bolin, 88 Wn. 2d 614, 565 P.2d 94 (1977), D. Joseph Hurson
Washington Law Review
Plaintiff, relying on defendant's proposal of marriage, trained a replacement for her job, placed her home for sale, sold her furniture, and incurred normal expenses incidental to a future union. One month before the date of marriage, defendant informed plaintiff he would not fulfill his promise of marriage; she subsequently became ill, repurchased her home furnishings, and cancelled all wedding plans. Plaintiff brought suit for breach of promise to marry, seeking damages for (1) direct pecuniary losses; (2) pain, impairment to health, humiliation, embarrassment; and (3) loss of the expected financial security of marriage. The superior court dismissed the complaint …
Domestic Relations—Tentative Requirement Of Disclosure And Independent Counsel For Marital Agreements—In Re Marriage Of Hadley, 88 Wn. 2d 649, 569 P.2d 790 (1977), Bruce Judd
Washington Law Review
Plaintiff husband and defendant wife executed three property status agreements during their marriage after discovering that the wife had multiple sclerosis. The couple's personal and business counsel drafted the agreements to minimize the wife's death and estate taxes. Before signing the agreements, the wife received advice from the family counsel and travelled to her husband's properties. In addition, the wife engaged another attorney to examine the agreements, but he declined to give her advice because she failed to provide him with necessary information. The husband obtained a dissolution decree embodying the agreements. On appeal, the Washington Supreme Court held (5-3) …
Cohabitation: New Views On A New Lifestyle, D. Judith Keith, Ronald L. Nelson
Cohabitation: New Views On A New Lifestyle, D. Judith Keith, Ronald L. Nelson
Florida State University Law Review
No abstract provided.
Duty Of Continued Child Support Past The Age Of Majority, James M. Ammel
Duty Of Continued Child Support Past The Age Of Majority, James M. Ammel
University of Arkansas at Little Rock Law Review
No abstract provided.
Alternatives To Absolute Termination Of Parental Rights After Long-Term Foster Caret, Andre P. Derdeyn, Andrew R. Rogoff, Scott W. Williams
Alternatives To Absolute Termination Of Parental Rights After Long-Term Foster Caret, Andre P. Derdeyn, Andrew R. Rogoff, Scott W. Williams
Vanderbilt Law Review
This Article will explore in detail the variety of child placement arrangements, both within and outside the system, which can be tailored to meet the needs of children and their biological or foster parents. This examination will reveal numerous statutory reforms and recent judicial decisions that promise increasingly flexible approaches to the traditional custodial alternatives following long-term foster care. Particular emphasis will be devoted to the termination of parental rights case that first united the authors and confronted them with the fact that none of the traditional legal alternatives available to those children could adequately meet their emotional needs.
The Tender Years Presumption In Child Custody Determinations: J. B. V. A. B., Vicki Obenchain Tucker
The Tender Years Presumption In Child Custody Determinations: J. B. V. A. B., Vicki Obenchain Tucker
West Virginia Law Review
No abstract provided.
Ex-Wife May Bring Garnishment Proceedings To Secure Her Share Of Ex-Husband's Military Retirement Pay Under The Federal Consent Statute., Howard E. Strackbein
Ex-Wife May Bring Garnishment Proceedings To Secure Her Share Of Ex-Husband's Military Retirement Pay Under The Federal Consent Statute., Howard E. Strackbein
St. Mary's Law Journal
Abstract Forthcoming.
Sterilization, Retardation, And Parental Authority
Sterilization, Retardation, And Parental Authority
BYU Law Review
No abstract provided.
Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka
Washington Law Review
This note presents two analyses of the Olson decision. Under the first analysis, the amended Initiative is interpreted to require a writing executed by the marital community in order to convert property from community to joint tenancy ownership. It is argued that this interpretation is unreasonable and will produce an unsatisfactory result in some cases. The second analysis is based on community property law: both spouses must participate in the change of ownership because the property rights of both are affected. This reasoning better supports the Olson decision. It was incompletely developed in the opinion, however, because the court did …
State V. Smith: Presumption Of Husband's Coercion Over Wife, Kevin O. Easley
State V. Smith: Presumption Of Husband's Coercion Over Wife, Kevin O. Easley
North Carolina Central Law Review
No abstract provided.
Blythe V. Seagraves: North Carolina Treats The Issue Of Whether A Minor And Her Parents May Legally Consent To The Minor's Participation, As Donor, In A Kidney Transplant, David W. Herman
North Carolina Central Law Review
No abstract provided.
Closing The Custody Floodgate: Florida Adopts The Uniform Child Custody Jurisdiction Act, Barry Kutun, Roberta Fox
Closing The Custody Floodgate: Florida Adopts The Uniform Child Custody Jurisdiction Act, Barry Kutun, Roberta Fox
Florida State University Law Review
No abstract provided.
Domestic Relations—Separation Agreement Provision For Child's College Education Held Binding In An Action For Child Support—Boden V. Boden, Susan K. Vanderlinde
Domestic Relations—Separation Agreement Provision For Child's College Education Held Binding In An Action For Child Support—Boden V. Boden, Susan K. Vanderlinde
Buffalo Law Review
No abstract provided.
Statutory Changes In Child Placement, Kathleen S. Mehfoud
Statutory Changes In Child Placement, Kathleen S. Mehfoud
University of Richmond Law Review
Based on recommendations by the Joint Subcommittee on the Placement of Children for Adoption, [hereinafter cited as the Subcommittee], the 1978 Session of the General Assembly made significant changes in the adoption statutes. The study by the Subcommittee was authorized during the 1977 Session following the introduction of several bills which would have permitted physicians and attorneys to participate in child placement without being licensed. The Assembly felt that such an important issue was deserving of closer scrutiny and therefore commissioned the study. The Subcommittee was directed to probe with particular care the special case of "independent adoptions," that is, …
Does Virginia Deny Indigents The Right To Divorce?, Jackson M. Bruce
Does Virginia Deny Indigents The Right To Divorce?, Jackson M. Bruce
University of Richmond Law Review
The United States Supreme Court in Boddie v. Connecticut held that a state denies due process of law to indigent persons by refusing to permit them to bring divorce actions except on payment of court fees and service-of-process costs. Virginia allows a waiver of court fees by its in forma paupersstatute, Va. Code Ann. § 14.1-183 (Repl. Vol. 1977), but the Commonwealth continues to require indigents to serve by newspaper publication any non-resident defendant who otherwise cannot be served. Newspaper publication costs in the city of Richmond approximate $150. This practice directly confronts the Boddie mandate that ". . . …
Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers
Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers
West Virginia Law Review
No abstract provided.
Wright V. Commissioner, 62 T.C. 377 (1974), Aff'd, 543 F.2d 593 (7th Cir. 1976), Ruth L. Gokel
Wright V. Commissioner, 62 T.C. 377 (1974), Aff'd, 543 F.2d 593 (7th Cir. 1976), Ruth L. Gokel
Florida State University Law Review
Income Tax- PROPERTY SETTLEMENT IN DIVORCE- AN UNSETTLED AREA OF SETTLED LAW.
Wife Abuse: The Failure Of Legal Remedies, 11 J. Marshall J. Of Prac. & Proc. 549 (1978), Lynn A. Sacco
Wife Abuse: The Failure Of Legal Remedies, 11 J. Marshall J. Of Prac. & Proc. 549 (1978), Lynn A. Sacco
UIC Law Review
No abstract provided.
Best Interests Of The Child: Maryland Child Custody Disputes
Best Interests Of The Child: Maryland Child Custody Disputes
Maryland Law Review
No abstract provided.
The Right Of Federal Officers To Remove Garnishment Proceedings Instituted To Support Child Support Decrees
Maryland Law Review
No abstract provided.
Inheritance Rights Of Children In Virginia, J. Rodney Johnson
Inheritance Rights Of Children In Virginia, J. Rodney Johnson
University of Richmond Law Review
The rights of children to succeed to a deceased ancestor's property interests in Virginia are treated in some fifteen separate sections of the Virgina Code. The first of these sections was contained in Virginia's original code of descent and distribution which was enacted in October, 1785, and the last of these sections was enacted by the 1974 session of the General Assembly. When one considers that these fifteen sections were enacted over a period of 189 years, as the result of legislation introduced by various individuals who were at any given time focusing on a particular portion of this larger …
The "Tender Years" Doctrine In Virginia, Deborah M. Russell
The "Tender Years" Doctrine In Virginia, Deborah M. Russell
University of Richmond Law Review
In several recent decisions in the domestic relations area, the Virginia Supreme Court has significantly altered the "tender years" doctrine to afford fathers more rights in custody of their young children. This aspect of child custody litigation is actually a corollary of the overall maternal preference rule in resolving custody disputes between natural parents. Specifically, the doctrine purports that the mother is the natural custodian of her children of "tender years," and that she should not be denied custody if she is a fit and proper person. This comment will focus primarily upon the evolution of this concept in Virginia. …
Uniform Child Custody Jurisdiction Act, Emily M. Trapnell
Uniform Child Custody Jurisdiction Act, Emily M. Trapnell
University of Richmond Law Review
A significant piece of legislation, the Uniform Child Custody Jurisdiction Act, introduced for the second time in 1978, has been held over for consideration by the 1979 General Assembly. Passed by the Senate in 1977, the bill implementing the Act was killed in the House that year because, according to the bill's patron, Senator Joseph V. Gartlan, Jr., the short session in 1977 failed to provide sufficient time for House members to study the legislation. But Senator Gartlan is optimistic about the bill's chances in 1979 and this Comment proposes not only to explicate the major provisions of the Act …