Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication Type
Articles 1 - 29 of 29
Full-Text Articles in Law
Reflections On "Innovations In Family Dispute Resolution", Deborah Thompson Eisenberg
Reflections On "Innovations In Family Dispute Resolution", Deborah Thompson Eisenberg
Faculty Scholarship
No abstract provided.
When An Ex Can Take It All: The Effect—And Non-Effect—Of Revocation On A Will Post-Divorce, Molly Brimmer
When An Ex Can Take It All: The Effect—And Non-Effect—Of Revocation On A Will Post-Divorce, Molly Brimmer
Maryland Law Review
No abstract provided.
Bargaining In The Shadow Of The Best-Interests Standard: The Close Connection Between Substance And Process In Resolving Divorce-Related Parenting Disputes, Jana B. Singer
Faculty Scholarship
This essay, written for a Symposium celebrating the child custody scholarship of Professor Robert Mnookin, examines the close connection between changes in substantive child custody doctrine and changes in custody dispute resolution processes over the past 30 years. Part I of the article explores how the widespread adoption of an unmediated “best interest of the child” standard, and the ensuing rejection of the sole custody paradigm, precipitated a shift from adversarial to non-adversarial resolution of divorce-related parenting disputes. Part II of the essay reverses the direction of the analytic lens and considers how the shift from adversarial to non-adversarial dispute …
The Future Of Family, Max D. Siegel
The Future Of Family, Max D. Siegel
Student Articles and Papers
The State organizes society into families, implicating and often ignoring various liberty and equality interests while fortifying a “traditional” family structure comprised of one man, one woman, and their mutually and exclusively conceived offspring. This structure has historically benefited the heterosexual elite within the United States, but modern advancements for sexual minorities suggest a new standard for State recognition of family. Queer liberation will erase the traditional family by rewriting its legal and social dimensions, resulting in laws and policies that track more closely with familial bonds outside a heteronormative, man-woman binary. This Article explores the ramifications of enhanced queer …
Aleem V. Aleem: A Divorce From The Proper Comity Standard—Lowering The Bar That Courts Must Reach To Deny Recognizing Foreign Judgments, Rajni K. Sekhri
Aleem V. Aleem: A Divorce From The Proper Comity Standard—Lowering The Bar That Courts Must Reach To Deny Recognizing Foreign Judgments, Rajni K. Sekhri
Maryland Law Review
No abstract provided.
Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark
Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer
Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer
Faculty Scholarship
No abstract provided.
Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer
Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer
Faculty Scholarship
The Bankruptcy Code currently divides divorce-related obligations into two categories: awards or agreements in the nature of support are non-dischargeable; obligations arising from property divisions can be discharged in the same manner as ordinary commercial debts. Because recent developments in family law have undermined the support/property distinction and because privately negotiated divorce agreements often fail to distinguish between payments intended to serve as support and those intended to distribute property, the Code's reliance on this classification often leads to confusion and hardship for divorce obligees. In addition, because of the rise of equitable distribution as the dominant method of allocating …
The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz
The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz
Maryland Law Review
No abstract provided.
Women's Work, Jana B. Singer
Divorce Reform And Gender Justice, Jana B. Singer
Divorce Reform And Gender Justice, Jana B. Singer
Faculty Scholarship
The modern shift from fault-based to no-fault divorce has disappointed those who expected the no-fault system to eliminate economic inequality between divorced women and men. The fact that women and their dependent children invariably experience economic hardship after a divorce has caused Lenore Weitzman and other commentators to romanticize the "good old days" of fault-based divorce. Professor Singer attacks the logic of this nostalgia by demonstrating that women were 'not[' better off under the fault-based system. She then proposes an investment partnership model of post-divorce allocation which would insure a fair result for both spouses.
Divorce, An Overlooked Tax Planning Tool (Or Gimmick), Theodore W. Hirsh
Divorce, An Overlooked Tax Planning Tool (Or Gimmick), Theodore W. Hirsh
Maryland Law Review
No abstract provided.
Divisible Divorce In Maryland - Does It Exist? - Dackman V. Dackman
Divisible Divorce In Maryland - Does It Exist? - Dackman V. Dackman
Maryland Law Review
No abstract provided.
Offers Of Reconciliation In Maryland Divorce Law, Joseph M. Fairbanks
Offers Of Reconciliation In Maryland Divorce Law, Joseph M. Fairbanks
Maryland Law Review
No abstract provided.
The Problem Of The "Newcomer's Divorce" - Whitehead V. Whitehead
The Problem Of The "Newcomer's Divorce" - Whitehead V. Whitehead
Maryland Law Review
No abstract provided.
The Present Validity Of Alabama "Consent" Divorces - Gherardi De Parata V. Gherardi De Parata, John Harris Gurley
The Present Validity Of Alabama "Consent" Divorces - Gherardi De Parata V. Gherardi De Parata, John Harris Gurley
Maryland Law Review
No abstract provided.
Wife Cannot Sue Husband At Law For Tort Against Her Property Interests - Fernandez V. Fernandez, J. Paul Rogers
Wife Cannot Sue Husband At Law For Tort Against Her Property Interests - Fernandez V. Fernandez, J. Paul Rogers
Maryland Law Review
No abstract provided.
Further On Voluntary Separation As A Ground For Absolute Divorce - Benson V. Benson
Further On Voluntary Separation As A Ground For Absolute Divorce - Benson V. Benson
Maryland Law Review
No abstract provided.
Income, Gift And Estate Tax Considerations In Marriage And Divorce, G. Van Velsor Wolf
Income, Gift And Estate Tax Considerations In Marriage And Divorce, G. Van Velsor Wolf
Maryland Law Review
No abstract provided.
Res Judicata And Interstate Divorce - Sherrer V. Sherrer And Coe V. Coe
Res Judicata And Interstate Divorce - Sherrer V. Sherrer And Coe V. Coe
Maryland Law Review
No abstract provided.
Constructive Desertion In Maryland, Herbert Myerberg
Constructive Desertion In Maryland, Herbert Myerberg
Maryland Law Review
No abstract provided.
And Now That You Have Your Divorce, Where Do You Stand? - Estin V. Estin Kreiger V. Kreiger
And Now That You Have Your Divorce, Where Do You Stand? - Estin V. Estin Kreiger V. Kreiger
Maryland Law Review
No abstract provided.
The Amending Of Alimony And Divorce Cases In Maryland - Brooks V. Brooks Ritz V. Ritz
The Amending Of Alimony And Divorce Cases In Maryland - Brooks V. Brooks Ritz V. Ritz
Maryland Law Review
No abstract provided.
Alternative Reasons For Setting Aside Divorce Obtained By Fraud - Croyle V. Croyle
Alternative Reasons For Setting Aside Divorce Obtained By Fraud - Croyle V. Croyle
Maryland Law Review
No abstract provided.
Further On Five Years Voluntary Separation As Ground For Absolute Divorce - Beck V. Beck Nichols V. Nichols
Maryland Law Review
No abstract provided.
The Haddock Case Overruled - The Future Of Interstate Divorce, John S. Strahorn Jr., G. Kenneth Reiblich
The Haddock Case Overruled - The Future Of Interstate Divorce, John S. Strahorn Jr., G. Kenneth Reiblich
Maryland Law Review
No abstract provided.
Is Mental Cruelty A Ground For Partial Divorce? - Poole V. Poole
Is Mental Cruelty A Ground For Partial Divorce? - Poole V. Poole
Maryland Law Review
No abstract provided.
Five Years Voluntary Separation As New Ground For Absolute Divorce - Campbell V. Campbell
Five Years Voluntary Separation As New Ground For Absolute Divorce - Campbell V. Campbell
Maryland Law Review
No abstract provided.
Proper Venue Of Suit For Alimony Without Divorce - Ouster Of Jurisdiction - Amendment - Woodcock V. Woodcock
Maryland Law Review
No abstract provided.