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Full-Text Articles in Law

What We Didn't See Before, Allison Anna Tait Mar 2014

What We Didn't See Before, Allison Anna Tait

Allison Anna Tait

On February 3rd and 4th last year, an impressive and diverse group of legal academics, judges, art historians, sociologists, and historians gathered at the Yale Law School to attend a symposium celebrating the publication of Judith Resnik's and Denny Curtis's book, Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms. The symposium was held in multiple locations-including the Whitney Humanities Center and the Yale University Art Gallery as well as the Yale Law School - to mark its interdisciplinary framing and aspirations. The broad range of panels gave substance to this aim of approaching the visual and architectural …


The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman’S Separate Estate, Allison Anna Tait Mar 2014

The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman’S Separate Estate, Allison Anna Tait

Allison Anna Tait

Before statutory enactments in the nineteenth century granted married women a limited set of property rights, the separate estate trust was, by and large, the sole form of married women’s property. Although the separate estate allowed married women to circumvent the law of coverture, historians have generally viewed the separate estate as an ineffective vehicle for extending property rights to married women. In this Article, I reappraise the separate estate’s utility and argue that Chancery’s separate estate jurisprudence during the eighteenth century was a critical first step in the establishment of married women as property-holders. Separate estates guaranteed critical financial …