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Articles 1 - 15 of 15

Full-Text Articles in Law

Los Retos Del Derecho De Familia En El S. Xxi, Ramiro E. De Valdivia Cano Dec 2011

Los Retos Del Derecho De Familia En El S. Xxi, Ramiro E. De Valdivia Cano

Ramiro De Valdivia Cano

Oblivion of family and matrimony rights in Peru is the source of paramount social and political problems.


Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden Nov 2011

Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden

University of Richmond Law Review

No abstract provided.


El Art. 345-A Del Código Civil Del Perú, Ramiro De Valdivia Cano Jul 2011

El Art. 345-A Del Código Civil Del Perú, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

El Art. 345 A del Código Civil del Perú obliga al Juez que conoce del juicio de divorcio por separación de hecho, a pronunciarse sobre el pago de daños y perjuicios a favor del cónyuge más perjudicado -cuidando del debido proceso y de la garantía de la doble instancia.


Vol. 2 No. 2, Summer 2011; Misinterpreting The Child's Best Interests Standard: A Closer Look At In Re Marriage Of Guthrie And Illinois Child Removal Law, Devin Noble Jul 2011

Vol. 2 No. 2, Summer 2011; Misinterpreting The Child's Best Interests Standard: A Closer Look At In Re Marriage Of Guthrie And Illinois Child Removal Law, Devin Noble

Northern Illinois Law Review Supplement

In Illinois and throughout most of the United States, there are nearly half as many divorces in a given year as there are marriages. The divorce experience can become extremely complicated when children are involved. Illinois parents who receive sole custody of their children can move anywhere within the state without court approval, but must seek permission from the court to permanently remove a child from the state. Such petitions for removal should only be granted if the removal is in the best interests of the child. One important consideration in determining the best interests of any child is the …


Modernizing Marriage, Adam Candeub, Mae Kuykendall Jul 2011

Modernizing Marriage, Adam Candeub, Mae Kuykendall

University of Michigan Journal of Law Reform

This Article proposes to modernize the archaic procedures states use to authorize marriages so as to provide legal flexibility, promote efficiency, and enhance individual choice. Almost universally, states require couples' presence within their borders, however briefly, for a ceremony. After considering the historical and policy rationales for this requirement and finding them either obsolete or incoherent, we propose that states offer marriages to those outside their borders. Such distance marriages could occur via video-conference, using the internet or even telephone, with readily available safeguards to prevent fraud. This simple reform would allow certain couples who cannot marry under local law …


Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer Apr 2011

Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer

Faculty Scholarship

No abstract provided.


Getting Divorced Online: Procedural And Outcome Justice In Online Divorce Mediation, Martin Gramatikov, Laura Klaming Jan 2011

Getting Divorced Online: Procedural And Outcome Justice In Online Divorce Mediation, Martin Gramatikov, Laura Klaming

Martin Gramatikov

In this paper we discuss a study of the experiences of 126 individuals who participated in online divorce mediation in The Netherlands. Divorce is a dispute in which the parties have to distribute a large pool of assets and responsibilities. The distributive dimension of divorce substantiates the expectation that one of the parties may be more content with the outcome than the other. The results of the study show that the divorcees do not differ substantially in how they perceive the quality of the procedure and the quality of the outcome. Both parties assigned relatively high scores to both the …


Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer Jan 2011

Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer

Barry Law Review

This article explores life insurance considerations in Florida dissolution of marriage proceedings, reviews current applicable law, and suggests methods of effectively dealing with life insurance in the divorce context.


Yours, Mine, Ours? Renovating The Antiquated Apartheid In The Law Of Property Division In Native American Divorce, Vickie Enis Jan 2011

Yours, Mine, Ours? Renovating The Antiquated Apartheid In The Law Of Property Division In Native American Divorce, Vickie Enis

American Indian Law Review

No abstract provided.


Sifre V. Sifre, Victoria Rosner Jan 2011

Sifre V. Sifre, Victoria Rosner

NYLS Law Review

No abstract provided.


A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey Jan 2011

A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey

Publications

This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …


Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey Jan 2011

Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey

Publications

This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo-American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed dismay …


Child Support Guidelines: The Good, The Bad, And The Ugly, Margaret F. Brinig, Douglas W. Allen Jan 2011

Child Support Guidelines: The Good, The Bad, And The Ugly, Margaret F. Brinig, Douglas W. Allen

Journal Articles

Child support guideline systems do more than simply determine the amount of income to be transferred from the noncustodial to the custodial household. They create incentives, one way or another, for spouses to divorce and seek custody and support payments. We examine three cases found in North America, and find that the common method of income shares provides a decent guideline that does not create any perverse incentives for divorce. Percentage-of-obligor-income methods do worse than other systems, and can cause increases in divorce rates for families in which one spouse earns a high income. Finally, the Canadian system, which is …


Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig Jan 2011

Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig

Journal Articles

To whom do spouses belong? Do they belong to their communities as well as each other and their immediate families? These questions are explored in an empirical paper demonstrating ways in which social capital in communities may affect even the marriages of people living in them.


To Agree Or Not To Agree: Treatment Of Postnuptial Agreements Under Oklahoma Law, Stephen T. Gary Jan 2011

To Agree Or Not To Agree: Treatment Of Postnuptial Agreements Under Oklahoma Law, Stephen T. Gary

Oklahoma Law Review

No abstract provided.