Family Law Commons^™

Chapter 5 - Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America (Previously Published Article), Elizabeth B. Clark

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

In the covenant of marriage, woman is compelled to promise obedience to her husband, he becoming, to all intents and purposes, her master -- the law giving him power to deprive her of her liberty, and to administer chastisement. He has so framed the law of divorce . . . as to be wholly regardless of the happiness of women -- the law, in all cases, going upon a false supposition of the supremacy of man, and giving all power into his hands.

The Implied Termination Of Community Property Agreements Upon Permanent Separation, William Oltman

Seattle University Law Review

This Article will assess the effect of living separate and apart in a defunct marriage on the typical community property agreement, including both inter-vivos and at-death elements. First, as background, this Article will explain and analyze the Washington law status of the concept of living separate and apart. Second, this Article will then review the facts and the holding of In re Estate of Lyman, an appeals court case illustrating the typical fact situation and setting forth the approach of the Washington Supreme Court in this area. It remains the best and most instructive example to date of this …

Promulgating The Marriage Contract, Lynn A. Baker

University of Michigan Journal of Law Reform

I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …

Rational Decisionmaking About Marriage And Divorce, Elizabeth S. Scott

Faculty Scholarship

The apparent normative goal of modem divorce law is the efficient termination of unsuccessful marriages. Once the couple (or either party) determine that the marriage is no longer satisfactory, then quick and easy exit is deemed desirable. As Carl Schneider suggests, the law has withdrawn from moral discourse about divorce, adopting a neutral stance toward marital dissolution. Although divorce typically imposes formidable psychological and economic costs, there are few legal incentives to remain married, or even to consider thoughtfully the decision to end the marriage. Moreover, although decisions about marriage and divorce have important legal implications, the law does nothing …

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

Baby M Reconsidered, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Surrogate mothering depends on treating procreation, an activity traditionally viewed as an integral aspect of family life (and family law), as a service to be purchased in the marketplace and governed by the rules of contract law. Thus surrogacy forces us to confront the differences between two of our most fundamental institutions-the family and the market.

Enforcing Surrogate Motherhood Agreements: The Trouble With Specific Performance, Susan M. Wolf

NYLS Journal of Human Rights

No abstract provided.

Surrogacy V. The Thirteenth Amendment, Cyril C. Means Jr.

NYLS Journal of Human Rights

No abstract provided.

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Visitation Beyond The Traditional Limitations, Michael J. Lewinsky

Indiana Law Journal

No abstract provided.

Virginia Laws Affecting Churches - Restated, J. Rodney Johnson

University of Richmond Law Review

Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

Antenuptial And Postnuptial Contracts In Washington, Nancy C. Phelps

Washington Law Review

Each state has developed its own standards for deciding when an antenuptial or postnuptial contract is "fairly" made. This comment analyzes the current requirements for validity imposed by the decisional and statutory law of the State of Washington.

Domestic Relations—Disposition Of Property Upon Termination Of Nonmarital Cohabitation—Marvin V. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), Linda R. Larson

Washington Law Review

Plaintiff and defendant began living together in 1964. At that time they entered into an oral agreement whereby they would combine their earnings and efforts and would share equally in all property accumulated while they cohabited. Plaintiff averred that, in addition, they agreed to hold themselves out to the general public as husband and wife, although both knew defendant was legally married to another woman. Plaintiff then consented to give up her career as an entertainer in exchange for financial support from defendant for the rest of her life. For the following seven years, plaintiff rendered full-time services as a …

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Alimony In Indiana Under No-Fault Divorce, Stephen R. Pennell

Indiana Law Journal

No abstract provided.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.

Infants' Contractual Disabilities: Do Modern Sociological And Economic Trends Demand A Change In The Law?

Indiana Law Journal

No abstract provided.

Notable Legislation Of 1962, Harry L. Snead Jr.

University of Richmond Law Review

Unless otherwise indicated, the statutes and amendments noted below will be effective on June 29, 1962. All code refer- ences are to the 1950 Code of Virginia.

Contracts -- 1961 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

I. Offer and Acceptance--Notification of Acceptance Before Notification of Revocation--Duration of Offer with Fixed Expiration Date

II. Implied and Quasi Contract--Claim for Services Where Family Relationship Involved

III. Parol Evidence Rule--Application of Rule to Third Party Not a Party to the Written Instrument--Pre-existing Duty as Consideration

IV. Exculpatory Contracts--Contracting Against Liability for Consequences of Own Negligent Conduct

V. Agreement in Restraint of Trade-Agreement of Seller of Business Not to Compete--Enforcement of Restraint in Area Greater than Required to Protect Purchaser

Participation By A Defendant Spouse In A Foreign Divorce Action: State Court Interpretation Of The Sherrer Doctrine

Indiana Law Journal

No abstract provided.

The Formalities Essential To A Valid Marriage In Indiana

Indiana Law Journal

No abstract provided.

Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller

Michigan Law Review

Decedent and his first wife executed reciprocal wills pursuant to a contract appearing on the face of the instruments. Each gave the other a life estate, with remainders to substantially identical beneficiaries. After his first wife's death, decedent remarried and in an antenuptial contract agreed to bequeath a sum of money to his second wife in lieu of all her claims against his estate. The second wife had actual notice of the prior agreement at the time of their marriage. Decedent then executed a new will which expressly revoked all prior wills, confirmed the terms of the antenuptial contract, and …

A V. B, Yitzhak Olshan, Moshe Landau, Alfred Witkon, Zvi Berinson, Yoel Sussman

Translated Opinions

The appellant claimed an order in the District Court against the respondents, who were husband and wife, declaring that he was the natural father of a child born to the wife and registered as that of the respondents. The claim was struck out in limine and the appellant appealed.

Held, dismissing the appeal,

Per Olshan P. The granting of a declaratory order is in the discretion of the court, and having regard to the nature of the claim, public interest and morality, the prejudice to the status and interests of the child who was not even a party to the …

The Effect Of Forced Share Statutes On Inter Vivos Conveyances Of Personalty

Indiana Law Journal

No abstract provided.