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Articles 1 - 13 of 13
Full-Text Articles in Law
The American "Covenant Marriage" In The Conflict Of Laws, Peter Hay
The American "Covenant Marriage" In The Conflict Of Laws, Peter Hay
Louisiana Law Review
No abstract provided.
Out With The Old And In With The New: An Analysis Of Illinois Maintenance Law Under The Uniform Marriage And Divorce Act And A Proposal For Its Replacement, Megan A. Drefchinski
Out With The Old And In With The New: An Analysis Of Illinois Maintenance Law Under The Uniform Marriage And Divorce Act And A Proposal For Its Replacement, Megan A. Drefchinski
Northern Illinois University Law Review
Perhaps few issues in family law, or in legal jurisprudence generally, are debated as widely and heatedly as maintenance is. Opinions on the subject cover the full range of the spectrum, from the suggestion that maintenance should be limited, to the suggestion that it should be expanded. What does emerge as a unifying theme is the general dissatisfaction of scholars, litigants, practitioners, and judges with the current maintenance law provisions under the Uniform Marriage and Divorce Act ("UMDA"), which Illinois has adopted This comment argues that this dissatisfaction with the current maintenance provisions cannot be overcome, and that new provisions …
Ub Viewpoint – Changing Roles Of Fatherhood, Jane C. Murphy
Ub Viewpoint – Changing Roles Of Fatherhood, Jane C. Murphy
All Faculty Scholarship
No abstract provided.
Protecting Transgender Families: Strategies For Advocates, Taylor Flynn
Protecting Transgender Families: Strategies For Advocates, Taylor Flynn
Faculty Scholarship
For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices. This Article discusses this reality in the case of Michael Kantaras, a transsexual man in Clearwater, Florida in 2002.
Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss
Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss
Law Faculty Publications
This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.
The Undue Influence Presumption Vs The Record Title Presumption: Marriage Of Delaney, 2003, Roger Bernhardt
The Undue Influence Presumption Vs The Record Title Presumption: Marriage Of Delaney, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that when an interspousal transaction is to one spouse’s advantage, the Family Code presumption that the transaction was a result of undue influence is trumped by the Evidence Code’s presumption of record title.
Covenant Marriage Turns Five Years Old, Steven L. Nock, Laura Sanchez, Julia C. Wilson, James D. Wright
Covenant Marriage Turns Five Years Old, Steven L. Nock, Laura Sanchez, Julia C. Wilson, James D. Wright
Michigan Journal of Gender & Law
Part I of this article discusses public policy rationales behind covenant marriage legislation, describes relevant aspects of Louisiana's legislation, and summarizes the efforts of other states to enact covenant marriage legislation. Part II discusses methods of data collection and analysis and identifies the demographic characteristics of covenant married couples as opposed to standard married couples in Louisiana. Part III addresses the dynamics behind couples' choice to have a covenant versus standard marriage. Part IV is an analysis of couples' satisfaction with their marriage option and the gendered dynamics of different levels of satisfaction with the marital choice.
The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock?, Chauncey Brummer
The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock?, Chauncey Brummer
Chauncey Brummer
Covenant marriage laws have been defended as a way of strengthening marriage and decreasing divorce rates. However, these laws may actually work against the state’s interest by placing limitations on marriage. Arkansas’s Covenant Marriage Act of 2001 was based on similar statutes in Louisiana and Arizona. A philosophical analysis of the Arkansas act showcases problems that may arise from covenant marriage generally. Ultimately, covenant marriage does not prevent divorce but prolongs an irreconcilable marriage to the harm of its parties. State policies of marital stability may be better served by other premarital options that reinforce marriage’s contractual and religious significance.
Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss
Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss
Rebecca J. Huss
This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.
"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay
"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay
Hofstra Law Review
No abstract provided.
Love On The Oregon Trail: What The Story Of Maynard V. Hill Teaches Us About Marriage And Democratic Self-Governance, Steven H. Hobbs
Love On The Oregon Trail: What The Story Of Maynard V. Hill Teaches Us About Marriage And Democratic Self-Governance, Steven H. Hobbs
Hofstra Law Review
No abstract provided.
Family Law: Third Party Custody After Baby Girl L. And A.G.S.: Now Where Are We?, Robert G. Spector
Family Law: Third Party Custody After Baby Girl L. And A.G.S.: Now Where Are We?, Robert G. Spector
Oklahoma Law Review
No abstract provided.
The Uniform Probate Code's Elective Share: Time For A Reassessment, Lawrence W. Waggoner
The Uniform Probate Code's Elective Share: Time For A Reassessment, Lawrence W. Waggoner
Articles
In this Article, Professor Waggoner proposes reforms to the Uniform Probate Code's (UPC) treatment of the elective share of the surviving spouse. First, the Article recommends that the UPC adopt a form of presentation that more transparently reflects the normative theories and empirical assumptions underlying the UPC's elective share framework. Second, the Article presents demographic data suggesting that the UPC's current elective share approximation schedule may be inappropriatef or a sizable faction of married couples, those remarryingf ollowing widowhood. Finally, the Article proposes two substantive revisions to the UPC's election share framework-the first proposal is to lengthen the approximation schedule; …