Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

Clitoridectomy And The Economics Of Islamic Marriage & Divorce Law, Ryan M. Riegg Sep 2008

Clitoridectomy And The Economics Of Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg

This article examines the legal and economic incentives created by the Islamic Marriage and Divorce System (“IMDS”) to develop an empirical model regarding the relative prevalence and severity of clitoridectomy practices in different Muslim societies and considers how those practices may be eliminated from an economic perspective.
Part I of the article establishes the economic link between the IMDS and clitoridectomy and compares the IMDS and the American Marriage & Divorce System (“AMDS”) in terms of their relative efficiency. Part II operationalizes and refines the basic theory outlined in Part I by creating a falsifiable model regarding the relative prevalence …


Bifurcation: A Powerful But Underutilized Tool In South Carolina Civil Litigation, Derek A. Shoemake Apr 2008

Bifurcation: A Powerful But Underutilized Tool In South Carolina Civil Litigation, Derek A. Shoemake

South Carolina Law Review

No abstract provided.


Engines Of Inequality: Class, Race, And Family Structure, Amy L. Wax Jan 2008

Engines Of Inequality: Class, Race, And Family Structure, Amy L. Wax

All Faculty Scholarship

The past 30 years have witnessed a dramatic divergence in family structure by social class, income, education, and race. This article reviews the data on these trends, explores their significance, and assesses social scientists’ recent attempts to explain them. The article concludes that society-wide changes in economic conditions or social expectations cannot account for these patterns. Rather, for reasons that are poorly understood, cultural disparities have emerged by class and race in attitudes and behaviors surrounding family, sexuality, and reproduction. These disparities will likely fuel social and economic inequality and contribute to disparities in children’s life prospects for decades to …


An End To The Deadbeat Dad Dilemma? - Puncturing The Paradigm By Allowing A Deduction For Child Support Payments , Reginald Mombrun Jan 2008

An End To The Deadbeat Dad Dilemma? - Puncturing The Paradigm By Allowing A Deduction For Child Support Payments , Reginald Mombrun

Fordham Journal of Corporate & Financial Law

No abstract provided.


Family Court Reform And Adr: Shifting Values And Expectations Transform The Divorce Process, Nancy Ver Steegh Jan 2008

Family Court Reform And Adr: Shifting Values And Expectations Transform The Divorce Process, Nancy Ver Steegh

Faculty Scholarship

During the last fifty years, the process of divorce has undergone a remarkable transformation. This article examines the sweeping breadth of the change and the underlying societal forces behind it. As the family court landscape has changed, a ripple effect has occurred necessitating reconsideration of the roles that lawyers and judges play in the divorce process. Although lack of judicial resources has fueled some of the change, deep funding cuts foreshadow a less positive transformation, one potentially resulting in a two-tiered system of justice for families.


Ketubah, The Marriage Contract Under Jewish Law, And Its Application In Secular Legal Systems, Marketa Trimble Jan 2008

Ketubah, The Marriage Contract Under Jewish Law, And Its Application In Secular Legal Systems, Marketa Trimble

Scholarly Works

The article presents ketubah, an institute of Jewish law that is unknown in the current Czech academic literature; it describes its evolution and content, and the manner in which secular countries with large Jewish communities deal with it. Throughout the centuries ketubah achieved a standardized format that has been adjusted to local customs. Additionally, there are attempts to use ketubah to solve the problem of agunah – the problem of parties who have obtained a secular divorce but not a divorce under Jewish law because the other party prevented it. Some legal systems, such as those of the State of …


Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink Jan 2008

Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink

Faculty Scholarship

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …


Collaborative Family Law, The New Lawyer, And Deep Resolution Of Divorce-Related Conflicts, Pauline H. Tesler Jan 2008

Collaborative Family Law, The New Lawyer, And Deep Resolution Of Divorce-Related Conflicts, Pauline H. Tesler

Journal of Dispute Resolution

Unlike many of the contributions to this Symposium issue, mine is a speculative, idiosyncratic opinion piece. I want to explore what we know, what we think we know, what we do not know, and what we need to know about Collaborative Law and interdisciplinary team Collaborative Divorce Practice as they presently exist in the field of family law, in two respects: what these processes offer to clients (the "deep resolution" part of my title) and what effect the practice of these processes has on lawyers (the "new lawyer" part of my title). Instead of citing to authority, this essay draws …


Peace On Earth, Goodwill In Divorce: Revisiting Travis In Light Of Oklahoma’S Revised Ethical Rule Allowing The Sale Of Law Practice Goodwill, Jennifer D. Ary-Hogue Jan 2008

Peace On Earth, Goodwill In Divorce: Revisiting Travis In Light Of Oklahoma’S Revised Ethical Rule Allowing The Sale Of Law Practice Goodwill, Jennifer D. Ary-Hogue

Oklahoma Law Review

No abstract provided.