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Articles 1 - 13 of 13
Full-Text Articles in Law
Rights Of Creditors To Collect Marital Debts After Divorce In Community Property Jurisdictions, James L. Musselman
Rights Of Creditors To Collect Marital Debts After Divorce In Community Property Jurisdictions, James L. Musselman
Pace Law Review
The primary thrust of this Article is to address the post-divorce liability issue outlined in Part III from the perspective of debtor-creditor law. The rules adopted in most of the community property jurisdictions with respect to this issue appear to be primarily focused on the perspective of marital property and family law without regard to general debtor-creditor law principles and policies. For example, basic fraudulent transfer law has been ignored in those jurisdictions and not applied in the usual manner. As a result, the rules developed in those jurisdictions with regard to the post-divorce liability issue are not consistent with …
An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar
An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar
Pace Law Review
Much has been written about family law and how to fairly divide property between divorcing spouses. Without a good understanding of what courts are doing in the field, however, there is no baseline for theoretical frameworks. This Article fills the void by analyzing all divorce cases involving children that were filed in one county over several months. The resulting empirical data has implications for the meaning of fairness in divorce, the role of judicial discretion, and the incentives for contracting by couples. This Article also examines the underlying law in order to explore the correlation between the family law code …
In The Shadow Of A Myth: Bargaining For Same-Sex Divorce, Noa Ben-Asher
In The Shadow Of A Myth: Bargaining For Same-Sex Divorce, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
This Article explores a relatively new phenomenon in family law: same-sex divorce. The Article's central claim is that parties to the first wave of same-sex divorces are not effectively bargaining against the backdrop of legal dissolution rules that would govern in the absence of an agreement. In other words, to use Robert Mnookin and Lewis Kornhauser's terminology, they are not "bargaining in the shadow of the law." Instead, the Article argues, many same-sex couples today bargain in the shadow of a myth that same-sex couples are egalitarian—that there are no vulnerable parties or power differentials in same-sex divorce.
The Article …
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
Pace Law Review
This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in …
Addicted To Fault: Why Divorce Reform Has Lagged In New York, J. Herbie Difonzo, Ruth C. Stern
Addicted To Fault: Why Divorce Reform Has Lagged In New York, J. Herbie Difonzo, Ruth C. Stern
Pace Law Review
No abstract provided.
Justice Abandoned: Forty Years Of Stalemate In Actions For Divorce On The Ground Of Abandonment, Dolores Gebhardt, Sondra Miller
Justice Abandoned: Forty Years Of Stalemate In Actions For Divorce On The Ground Of Abandonment, Dolores Gebhardt, Sondra Miller
Pace Law Review
No abstract provided.
Kramer Vs. Kramer Revisited: A Comment On The Miller Commission Report And The Obligation Of Divorce Lawyers For Parents To Discuss Alternative Dispute Resolution With Their Clients, Andrew Schepard
Pace Law Review
No abstract provided.
The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling
The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling
Pace Law Review
No abstract provided.
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Pace Law Review
No abstract provided.
O'Brien V. O'Brien: A Failed Reform, Unlikely Reformers, Ira Mark Ellman
O'Brien V. O'Brien: A Failed Reform, Unlikely Reformers, Ira Mark Ellman
Pace Law Review
No abstract provided.
Appendix A: Matrimonial Commission Of The State Of New York, Report To The Chief Judge Of The State Of New York , Sondra Miller
Appendix A: Matrimonial Commission Of The State Of New York, Report To The Chief Judge Of The State Of New York , Sondra Miller
Pace Law Review
No abstract provided.
Comments On The Miller Commission Report: A California Perspective, Leonard Edwards
Comments On The Miller Commission Report: A California Perspective, Leonard Edwards
Pace Law Review
No abstract provided.
Community Property After Hisquierdo V. Hisquierdo, Marie Stefanini Newman
Community Property After Hisquierdo V. Hisquierdo, Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
This Comment will briefly discuss California's community property system, and the standards traditionally required by the Supreme Court for federal pre-emption of state property law. It will also examine the Supreme Court's interpretation of the Railroad Retirement Act which led the Court to conclude that the Supremacy Clause of the United States Constitution and demanded federal pre-emption in this case. It will discuss the Hisquierdo test for federal pre-emption, which the Supreme Court has since used to override state community property systems. Finally, it will evaluate whether the case was correctly decided.