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Full-Text Articles in Law

A Roadmap To Revising Ethiopia’S Gender Discriminatory Laws: A Comparative Analysis, Rangita De Silva De Alwis Jul 2021

A Roadmap To Revising Ethiopia’S Gender Discriminatory Laws: A Comparative Analysis, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

Ethiopia is Africa's oldest independent country, the second-most populous nation in Africa, and one of the founding members of the Organization of African Unity (OAU), which was established on 25 May 1963 and replaced by the African Union (AU) in 2002. The headquarters of the AU is based in Addis Ababa. Today, Ethiopia has the largest GDP in East Africa and its economy is also one of the fastest growing economies in the world.

Ethiopia is one of the few countries in the world which had achieved gender parity in the cabinet, and where women hold the positions of ...


Appraising Problems, Not Stuff, Chad J. Pomeroy May 2021

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.


Child Support And Joint Physical Custody, Raymond C. O'Brien Apr 2021

Child Support And Joint Physical Custody, Raymond C. O'Brien

Catholic University Law Review

Child custody has evolved to the point where, at a minimum, states provide a mediated process by which parents may formulate parenting plans with court-appointed assistance. At a maximum state legislatures and courts increasingly consider joint physical custody awards. While joint physical custody safeguards the fundamental rights of parents, it nonetheless prompts practical concerns in awarding child support. Today, child support begins with state statutory guidelines, but the guidelines often fail to adequately address the economic consequences of two complete residences, one supported by a parent with fewer economic resources, and the fact that oftentimes the child drifts from one ...


Ohio's Love-Hate Relationship With Marital Agreements: Why Ohio Should Lift Its Prohibition On Postnuptial Agreements, Natasha Wasil Mar 2021

Ohio's Love-Hate Relationship With Marital Agreements: Why Ohio Should Lift Its Prohibition On Postnuptial Agreements, Natasha Wasil

Cleveland State Law Review

Ohio has been accepting of prenuptial agreements since its landmark decision in Gross v. Gross in 1984, declaring them to be not void per se as being against public policy. Unfortunately, Ohio’s evolution of the law regarding marital agreements has remained at a stand-still since Gross. Through the twenty-first century, a majority of states have responded to the evolution of marriage by enacting legislation, or judicially by court order, to allow spouses to enter into contracts after marriage to allocate the division of property and legal obligations of the couple in the event of divorce, commonly known as “postnuptial ...


Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law Mar 2021

Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Applicable Law To The Divorce Of Moroccans Residing Abroad And Its Effects, Abdul Samad Abbou Feb 2021

The Applicable Law To The Divorce Of Moroccans Residing Abroad And Its Effects, Abdul Samad Abbou

Journal Sharia and Law

Divorce is one of the most systems that embodies conflict of laws, which reflected negatively on the organization of divorce Moroccan immigrants, and on the stability of the European community, especially the European judiciary had ruled out the application of the Personal Status Code on divorce for being in breach of the defense and the principle of liberty and equality rights between men and women, which It violates the legal systems of these countries, which derives its authority from the international human rights conventions, and the evolution of the points of attachment in Europe to renounce citizenship officer contributed to ...


Settlement Of Non-Muslim Minorities' Disputes In The Islamic State, Mansour Al-Haidari Feb 2021

Settlement Of Non-Muslim Minorities' Disputes In The Islamic State, Mansour Al-Haidari

Journal Sharia and Law

This paper is introduced with a brief introduction on how different legal systems in the past dealt with religious minorities' disputes. Moreover, it shows how different US states were proposing bills and acts to eliminate any religious-based laws or applications. The paper presents how different Islamic schools deal with religious minorities' disputes in the Islamic State. It shows Islamic legal system's tolerance toward minorities in different aspects such as giving their religious leaders a role in solving their disputes according to their religion, and allowing them more freedom in their personal law issues such as marriage, divorce, wills and ...


The Grounds For Divorce For Christians: A Comparative Study With Islamic Law/Shari’Ah And The Personal Status Law Of Jordan For 2010, Maher Ma’Rouf Al Naddaf, Ra'ed Ali Al Kordi Feb 2021

The Grounds For Divorce For Christians: A Comparative Study With Islamic Law/Shari’Ah And The Personal Status Law Of Jordan For 2010, Maher Ma’Rouf Al Naddaf, Ra'ed Ali Al Kordi

Journal Sharia and Law

This study is about reasons for divorce according to Christianity in comparison to Islamic Law/Shari’ah and the New Jordanian Personal Status Law of 2010. The study includes two chapters, while the first one defines divorce and its ruling “hokom” according to Shari’ah and Christianity, the other chapter of the research studies reasons for divorce for Christians, and how Shari’ah and the Jordanian Personal Status Law interpret these reasons. The study concludes that most of the divorce reasons in Christianity are already there in Shari’ah and the Jordanian Law, which is based on this magnificent Shari ...


A Shari'a Measures Against Arbitrary Divorce: A Comparative Fiqh Study In The Light Of Islamic Law And What He Has To Do In The Uae Personal Status Law )28/2005), May Salem Al Sheikh Jan 2021

A Shari'a Measures Against Arbitrary Divorce: A Comparative Fiqh Study In The Light Of Islamic Law And What He Has To Do In The Uae Personal Status Law )28/2005), May Salem Al Sheikh

Journal Sharia and Law

Family related cases are of great complexity, of which divorce cases are some of the most critical. This is due to the increasing importance of the role of family in building society, and in view of the intensification of marital disputes which in turn have led to the spread of divorce in Arab societies, in addition to spouses’ abuse of the decision to divorce, which raises concerns about the resulting harm.

This research sheds the light on one type of family related cases in particular, which is the arbitrary abuse of the right to divorce which can cause negative impact ...


Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray Jan 2021

Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray

Touro Law Review

No abstract provided.


Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders Jan 2021

Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders

Touro Law Review

No abstract provided.


Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan Dec 2020

Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan

The Arkansas Journal of Social Change and Public Service

No abstract provided.


Family Law By The Numbers: The Story That Casebooks Tell, Laura T. Kessler Dec 2020

Family Law By The Numbers: The Story That Casebooks Tell, Laura T. Kessler

Utah Law Faculty Scholarship

This Article presents the findings of a content analysis of 86 family law casebooks published in the United States from 1960 to 2019. Its purpose is to critically assess the discipline of family law with the aim of informing our understandings of family law’s history and exposing its ideological foundations and consequences. Although legal thinkers have written several intellectual histories of family law, this is the first quantitative look at the field.

The study finds that coverage of marriage and divorce in family law casebooks has decreased by almost half relative to other topics since the 1960s. In contrast ...


The Right To Unmarry: A Proposal, Brian L. Frye, Maybell Romero Nov 2020

The Right To Unmarry: A Proposal, Brian L. Frye, Maybell Romero

Cleveland State Law Review

When I say I’m in love, you better believe I’m in love, L-U-V.

[April 2, 2020] BLF: This is a marriage proposal in the form of a law review article. In this Article, I observe that Maybell Romero and I are in love. I want to marry her, and I believe she wants to marry me. At least I’ll find out pretty soon. But we cannot marry each other right now, because we are both currently married to other people. Maybell and I want to end our existing marriages, and our respective spouses have even agreed to ...


Divorce Muta’A Between Fiqh (Islamic Jurisprudence) And The Personal Status Laws (Presentation And Criticism), Abed Alhameed Kurdi Banyfadel Nov 2020

Divorce Muta’A Between Fiqh (Islamic Jurisprudence) And The Personal Status Laws (Presentation And Criticism), Abed Alhameed Kurdi Banyfadel

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The aim of this research is to clarify a fact stated in The Holy Qura'an. This fact is mainly about a right for people. Allah wisely mentioned several times in The Holy Qura'an that the divorcee must be awarded Muta'a (the amount of money that the man gives to the woman when the divorce occurs). However, some family laws did not address this right. Furthermore, people's rights which have been stated by Allah in the Holy Qura'an cannot be a subject to opinions. As it is widely known, no opinion can be accepted when there ...


Family Law Disputes Between International Couples In U.S. Courts, Rhonda Wasserman Oct 2020

Family Law Disputes Between International Couples In U.S. Courts, Rhonda Wasserman

Articles

Increasing mobility, migration, and growing numbers of international couples give rise to a host of family law issues. For instance, when marital partners are citizens of different countries, or live outside the country of which they are citizens, or move between countries, courts must first determine if they have jurisdiction to hear divorce or child custody actions. Given that countries around the world are governed by different legal regimes, such as the common law system, civil codes, religious law, and customary law, choice of law questions also complicate family litigation. This short article addresses the jurisdictional and other conflicts issues ...


Valuing Community Property Businesses: The Good, The Bad, And The Ugly Of Louisiana Law, Sally Brown Richardson Sep 2020

Valuing Community Property Businesses: The Good, The Bad, And The Ugly Of Louisiana Law, Sally Brown Richardson

Louisiana Law Review

The article discusses the law in Louisiana on the valuation of community property businesses in divorce proceedings and other topics like fair market value and the ruling by the Louisiana Second Circuit of Appeal in the 2003 case Ellington v. Ellington.


Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh Jun 2020

Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh

Pepperdine Law Review

When a Hasidic person files for divorce under New York law, either party to the marriage may invoke a declaratory judgment action to establish certain rights in a settlement agreement. If children are involved, such an agreement may include a religious upbringing clause, dictating that the child is to be raised in accordance with their then-existing religion—Hasidism. Deviation from the contract risks removal from the aberrant parent who intentionally or unwittingly allows the child to wane into secularism. Although the child’s best interest is the cornerstone of custodial analysis, a problem emerges when his or her best interest ...


Palmore V. Sidoti: The Troubling Effects Of "Private Biases", Linda C. Mcclain May 2020

Palmore V. Sidoti: The Troubling Effects Of "Private Biases", Linda C. Mcclain

Faculty Scholarship

A cloud of disembodied and disapproving eyes hovers behind three figures forming a family tableau at the center of Xavier Cortada’s painting about Palmore v. Sidoti (1984). Linda Sidoti Palmore, a white mother, holds onto her young daughter, Melanie, who in turn holds the hand of Charles Palmore, a black man, Linda’s new husband. As Cortada writes of the painting, part of a series about landmark Supreme Court cases that originated in his home state of Florida, those eyes “in a sea of Caucasian skin” —and the “profound racism” they reflected—tried to tip the balance in a ...


Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen Apr 2020

Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen

Maine Law Review

In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation's lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as ...


Toward A Coherent Interpretation Of Maine's Marital Property Act, John C. Sheldon Apr 2020

Toward A Coherent Interpretation Of Maine's Marital Property Act, John C. Sheldon

Maine Law Review

Interpreted literally, Maine's Marital Property Act (MPA) excludes all wedding gifts from the marital estates of divorcing spouses. Wedding gifts received before a wedding are nonmarital because they were not received during the marriage. Wedding gifts received after a wedding are nonmarital because they were gifts, which appear to be expressly excluded from the marital estate by the statute's definition of marital property. In short, a literal reading of the MPA prevents Maine's divorce courts from exercising any discretion in the distribution of what must, by any measure of common sense, be quintessential examples of marital property ...


Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen Apr 2020

Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen

Maine Law Review

In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation's lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as ...


أثر التكنولوجيا على التغيير البنائي للأسرة المعاصر, Doha Al-Achkar Apr 2020

أثر التكنولوجيا على التغيير البنائي للأسرة المعاصر, Doha Al-Achkar

BAU Journal - Society, Culture and Human Behavior

Nowadays there are many different types of family compared to 50 years ago when the ‘nuclear’ family, considered the ‘normal’ one, was the most dominant type. Affected by the advancement of many aspects, particularly technology, communication and globalization, the main changes have been changes to marriage and partnership as well as changes to children and families. In respect to changes to marriage fewer people, who are getting married later in life, are getting married nowadays with higher divorce rate. However, in regard to partnership, more couples are now living together without marriage –co-habitation with an increased number of same sex ...


Alimony: The Taxing Economic Implications Of Divorce, Jared Mason, Amaia Kennedy Apr 2020

Alimony: The Taxing Economic Implications Of Divorce, Jared Mason, Amaia Kennedy

Brigham Young University Prelaw Review

In 2017 alone, over 750,000 American couples chose to divorce3.

Nationally, fifty percent of marriages end in divorce, with each of

these marriages lasting eight years, on average. Put another way,

a divorce occurs every 13 seconds, and each of those divorces is

expensive, with an average cost of approximately $15,000 per person.


Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley Jan 2020

Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley

Indiana Law Journal

In this Note, Part I examines the three main approaches used in other state supreme court decisions to decide pre-embryo disposition disputes, as well as three perspectives on the legal status of the pre-embryo, and compares them with Arizona’s emerging law. Part II summarizes Arizona’s Torres trial court order and opinion and section 318.03. Part III then analyzes whether the Torres orders and Arizona’s new statutory “most likely to lead to birth standard”12 present constitutional issues and concludes that the trial court’s order, if reinstated by the Arizona Supreme Court, and section 318.03 ...


Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D. Jan 2020

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.


Jesus And The Mosaic Law: Agapic Love As The Foundation And Objective Of Law, Robert F. Cochran ,Jr. Jan 2020

Jesus And The Mosaic Law: Agapic Love As The Foundation And Objective Of Law, Robert F. Cochran ,Jr.

Touro Law Review

No abstract provided.


Unfit To Parent: American And Jewish Legal Perspectives, Michoel Zylberman, Karen K. Greenberg, Daniel Pollack Jan 2020

Unfit To Parent: American And Jewish Legal Perspectives, Michoel Zylberman, Karen K. Greenberg, Daniel Pollack

Touro Law Review

No abstract provided.


In Defense Of Empiricism In Family Law, Elizabeth S. Scott Jan 2020

In Defense Of Empiricism In Family Law, Elizabeth S. Scott

Faculty Scholarship

It is fitting to include an essay defending the application of empirical research to family law and policy in a symposium honoring the scholarly career of Peg Brinig, who is probably the leading empiricist working in family law. While such a defense might seem unnecessary, given the expanding role of behavioral, social, and biological research in shaping the regulation of children and families, prominent scholars recently have raised concerns about the trend toward reliance on empirical science in this field. A part of the criticism is directed at the quality of the science itself and at the lack of sophistication ...


Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1866, Danaya C. Wright Oct 2019

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1866, Danaya C. Wright

Danaya C. Wright

Historians of Anglo-American family law consider 1857 as a turning point in the development of modern family law and the first big step in the breakdown of coverture and the recognition of women's legal rights. In 1857, The United Kingdom Parliament ("Parliament") created a new civil court to handle all divorce and matrimonial causes, removing the jurisdiction of: the ecclesiastical courts over marital validity; the Chancery over custody of children and separate estates; the royal courts over marital property; and Parliament over full divorce. The new Divorce and Matrimonial Causes Court, a wing of the admiralty and probate courts ...