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Full-Text Articles in Law
The New Marital Property Of Employee Stock Options, Tracy A. Thomas
The New Marital Property Of Employee Stock Options, Tracy A. Thomas
Akron Law Faculty Publications
One of the most valuable assets in a dissolution case today is an employee stock option (ESO). An ESO is a contractual right granted to an employee to purchase the stock of her corporate employer during a designated period of time at a predetermined price. The law, however, has failed to keep up with this modern form of employee compensation and indeed has struggled to understand this new form of property in the context of dividing and distributing marital property. Only fourteen state supreme courts to date have spoken on any aspect of this complex issue, and of these, only …
Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot
Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot
Scholarly Works
Part I of this Note will trace the various threads of American marriage law, particularly the perception that marriage is unraveling today due to an unprecedented divorce crisis. Part II will disentangle the conflicting patterns of contract law and status regimes that variously govern marriage, focusing on the uneven enforcement of antenuptial contracts and the implications of such. Part III will argue that the true focus of regulation is the status of the nuclear family, not of marriage per se. Finally, Part IV will propose a bifurcation of the legal regimes governing marriage and the family, recognizing the ability of …