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Full-Text Articles in Law
The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya Wright
The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya Wright
Danaya C. Wright
This article attempts to show that the inter-spousal custody cases of the nineteenth century created such a crisis in equity that they eventually demanded a new court structure and a new set of legal doctrines. The custody cases posed such a profound threat to the stability and authority of the Chancery courts that within fifty years an entirely new court system was required. That court system combined the tripartite jurisdictions of the law, equity, and ecclesiastical courts in matrimonial matters. While many scholars and historians have applauded that moment, I would suggest that the new court was merely a way …
Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh Goodmark
Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh Goodmark
Leigh S. Goodmark
No abstract provided.
Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret Brinig, Linda Mcclain
Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret Brinig, Linda Mcclain
Margaret F Brinig
This essay revisits Mary Ann Glendon’s comparative law study, Abortion and Divorce in Western Law and her subsequent book, Rights Talk: The Impoverishment of Political Discourse. Glendon’s comparative study actually included a third topic: “forms of dependency which are connected with pregnancy, marriage, and child raising.” The topic of dependency has obvious relevance to consideration of intergenerational obligations and the interplay between family responsibility and societal responsibility for addressing dependency needs. A central claim Glendon made in both books is that the U.S. legal tradition is “libertarian,” views individuals as “lone rights bearers,” and exalts the “right to be …
Sharing A Piece Of The Future Post-Divorce: Toward A More Equitable Distribution Of Professional Goodwill, Alicia B. Kelly
Sharing A Piece Of The Future Post-Divorce: Toward A More Equitable Distribution Of Professional Goodwill, Alicia B. Kelly
Alicia B. Kelly
Nationwide, the law of marriage and divorce is engulfed in a storm of controversy over how to redress the widely lamented injustices which often follow divorce and how to achieve better economic parity between ex-spouses. In this Article, Professor Alicia Kelly examines how the treatment of goodwill in a professional practice reflects and influences this ongoing debate. The Article emphasizes that many courts have subtly transformed the classic concept of goodwill - which is an asset of the business - to include the unconventional concept of personal goodwill - an asset of an individual. Professor Kelly explains that judicial acceptance …