Law Commons^™

Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin

William & Mary Bill of Rights Journal

American divorce law was transformed by the Supreme Court in a series of decisions beginning with Williams v. North Carolina in 1942. These constitutional full faith and credit cases resolved a long-standing federalism problem by redefining the scope of state power over marital status. With these decisions, the Court shifted from an analysis based on the competing interests of different states to an approach that highlighted the individual interests of the parties involved. This change fundamentally altered state power over the family by extending to individuals greater control of their marital status. In the process, the Court cleared a path …

Family And Juvenile Law, Lynne Marie Kohn

University of Richmond Law Review

No abstract provided.

Cultivating Forgiveness: Reducing Hostility And Conflict After Divorce, Solangel Maldonado

Solangel Maldonado

In recent years, scholars writing in the emerging “law and emotion” field have explored the role of emotions on criminal, administrative, securities, torts, employment, and constitutional law. Yet, surprisingly few scholars have examined their role in family law. Examining the role of emotion in family law is particularly important because the potential for harm resulting from “negative emotions” such as persistent anger and the desire for vengeance may be greater in the family law context. A divorced parent’s anger towards the other parent can lead to excessive conflict for years after the legal relationship has ended, harming both parents and …

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

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

Pace Law Review

No abstract provided.

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

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

Pace Law Review

No abstract provided.

Comments On The Miller Commission Report: A California Perspective, Leonard Edwards

Pace Law Review

No abstract provided.

Rhode Island Family Court And The Best Interests Of Children, Alexandra Arnold

Senior Honors Projects

With the continuous rise of the divorce rate in America, there is also an increase in the number of children and adolescents who must suffer through the divorce along with their parents. For some, the divorce is a relief and can be a positive change in their lives. For others, it is difficult and devastating, filled with conflict and tension. Whatever the circumstances, there are permanent effects that children experience as a result of their parents’ divorce. These effects of divorce on children are becoming better known as generations of children grow up in a single parent home. The court …

Divorce Reform: Rights Protections In The New Swaziland, Tamar Ezer, Aisha Glasford, Elizabeth Hollander, Lakeisha Poole, Grant Rabenn, Alexandria Tindall

Articles

No abstract provided.

Divorcees Turn About In Their Graves As Ex-Spouses Cash In: Codified Constructive Trusts Ensure An Equitable Result Regarding Erisa-Governed Employee Benefit Plans, Sarabeth A. Rayho

Michigan Law Review

A revocation-by-divorce statute essentially nullifies a devise in a divorced decedent's will when the devise bequeaths property to the decedent's ex-spouse and the will was executed during their marriage. Until recently, state revocation-by-divorce statutes unquestionably applied not only to wills but also to will substitutes, including ERISA-governed employee benefit plans. In 2001, the Supreme Court held in Egelhoff v. Egelhoff ex rel. Breiner that ERISA preempts traditional state revocation-by-divorce statutes as applied to ERISA-governed employee benefit plans. In the wake of the Egelhoff decision, plan administrators may automatically pay proceeds to the listed beneficiary, even an ex-spouse, regardless of the …

Parenting Coordination: Resolving High Conflict Parenting Disputes In The Usa, Sherrill W. Hayes

Sherrill W. Hayes