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Articles 541 - 570 of 589
Full-Text Articles in Family Law
The Coming Curtailment Of Compulsory Child Support, David L. Chambers
The Coming Curtailment Of Compulsory Child Support, David L. Chambers
Articles
Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …
Survey Of Developments In West Virginia Law: 1981
Survey Of Developments In West Virginia Law: 1981
West Virginia Law Review
No abstract provided.
The Legislative Abrogation Of Interspousal Immunity In Virginia, Lisa Anderson-Lloyd
The Legislative Abrogation Of Interspousal Immunity In Virginia, Lisa Anderson-Lloyd
University of Richmond Law Review
Is a wife who hires someone to murder her husband liable in tort for the injuries he sustains in the murder attempt? The Virginia Supreme Court faced just this question in 1980 in Counts v. Counts. In light of the partial abrogation of the doctrine of interspousal immunity by the Virginia Supreme Court during the 1970's in wrongful death actions and inactions for damages in motor vehicle accident cases, a well reasoned prediction would have anticipated a further erosion of the doctrine. In Counts, however, the court disallowed the interspousal suit for an intentional tort, signaling that it had no …
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
The Uniform Child Custody Jurisdiction Act In Virginia, Elizabeth Carrington Shuff
The Uniform Child Custody Jurisdiction Act In Virginia, Elizabeth Carrington Shuff
University of Richmond Law Review
Due to the dramatic rise over the last decade in the number of child custody disputes between parents who are geographically separated, courts increasingly are faced with interstate litigation and its attendant legal and emotional problems. Because foreign state custody decrees traditionally have been viewed as modifiable and therefore have not been accorded the respect given to final decrees, parents who lose in one state have been encouraged to seek a more favorable forum in a second state. By employing such self-help methods as "child snatching,"' a parent can avail himself of a second day in court.
Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent
Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent
American Indian Law Review
No abstract provided.
Protection Of Battered Women: A Survey Of State Legislation, Lisa G. Lerman
Protection Of Battered Women: A Survey Of State Legislation, Lisa G. Lerman
Scholarly Articles
No abstract provided.
The Haitian Vacation: The Applicability Of Sham Doctrine To Year-End Divorces, Michigan Law Review
The Haitian Vacation: The Applicability Of Sham Doctrine To Year-End Divorces, Michigan Law Review
Michigan Law Review
This Note examines the propriety of applying the sham doctrine to tax-motivated divorces. Section I outlines the evolution of the sham doctrine from its exposition in Gregory v. Helvering through its expression in two different tests for commercial transactions. Section II then studies the relationship between state divorce law and the marital status provisions of the Internal Revenue Code to demonstrate the clear congressional preference for incorporating state law by reference rather than creating an independent federal law of marriage. It also examines the history of the 1969 Tax Reform Act in a vain effort to discern a congressional desire …
Survey Of Developments In West Virginia Law: 1978
Survey Of Developments In West Virginia Law: 1978
West Virginia Law Review
No abstract provided.
Federal Youth Corrections Act: The Continuing Charade, Wilfred J. Ritz
Federal Youth Corrections Act: The Continuing Charade, Wilfred J. Ritz
University of Richmond Law Review
No one will ever know, at least with any certainty, whether more harm than good has been done by the Federal Youth Corrections Act. The Act was enacted by Congress in 1950 upon the recommendation of a committee of the Judicial Conference of the United States. The youth offenders who have benefited under YCA are those who have committed the most serious crimes, such as murder, robbery, and rape, and those with the longest records of serious criminal conduct. Because of the YCA, some of these dangerous offenders have received less severe sentences, and some have been released on parole …
Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers
Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers
West Virginia Law Review
No abstract provided.
Statutory Changes In Child Placement, Kathleen S. Mehfoud
Statutory Changes In Child Placement, Kathleen S. Mehfoud
University of Richmond Law Review
Based on recommendations by the Joint Subcommittee on the Placement of Children for Adoption, [hereinafter cited as the Subcommittee], the 1978 Session of the General Assembly made significant changes in the adoption statutes. The study by the Subcommittee was authorized during the 1977 Session following the introduction of several bills which would have permitted physicians and attorneys to participate in child placement without being licensed. The Assembly felt that such an important issue was deserving of closer scrutiny and therefore commissioned the study. The Subcommittee was directed to probe with particular care the special case of "independent adoptions," that is, …
Uniform Child Custody Jurisdiction Act, Emily M. Trapnell
Uniform Child Custody Jurisdiction Act, Emily M. Trapnell
University of Richmond Law Review
A significant piece of legislation, the Uniform Child Custody Jurisdiction Act, introduced for the second time in 1978, has been held over for consideration by the 1979 General Assembly. Passed by the Senate in 1977, the bill implementing the Act was killed in the House that year because, according to the bill's patron, Senator Joseph V. Gartlan, Jr., the short session in 1977 failed to provide sufficient time for House members to study the legislation. But Senator Gartlan is optimistic about the bill's chances in 1979 and this Comment proposes not only to explicate the major provisions of the Act …
Survey Of Developments In West Virginia Law: 1976
Survey Of Developments In West Virginia Law: 1976
West Virginia Law Review
No abstract provided.
Marital Agreements In Contemplation Of Divorce, Barbara Klarman
Marital Agreements In Contemplation Of Divorce, Barbara Klarman
University of Michigan Journal of Law Reform
Romantic notions that marriage is forever are beginning to give way to the more realistic assessments that marriages indeed may not last. The pressure has been mounting for ways to provide economic planning to parties in the relatively likely event that their marriages terminate in divorce. The purpose of this article is to focus on one method of obtaining such planning: the marital agreement setting forth the support and property distribution which the parties would follow in the event of divorce. This article will review the law regarding marital agreements in contemplation of divorce as it exists in the United …
Artificial Insemination - A Model Statute, Leonard G. Kamlet
Artificial Insemination - A Model Statute, Leonard G. Kamlet
Cleveland State Law Review
The increasing incidence of artificial inseminations in the fifties and sixties resulted in a profusion of commentary devoted to the significance of the procedure. Characteristic of the motivations of many writers were the moral, psychological, and social implications of the technique. In contrast, the creative legal response was limited. Paralleling the stagnation of judicial and legislative action in most states, the number of commentators addressing the issue in recent years has been minimal. This comment hopes to focus the attention of legislators on the need to clarify the morass surrounding artificial insemination.
Cruelty Divorce Under New York's Reform Act: On Repeating Ancient Error, Lee E. Teitelbaum
Cruelty Divorce Under New York's Reform Act: On Repeating Ancient Error, Lee E. Teitelbaum
Buffalo Law Review
No abstract provided.
The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock
The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock
Buffalo Law Review
No abstract provided.
Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein
Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein
Buffalo Law Review
Holden v. Alexander, 39 App. Div. 2d 476, 336 N.Y.S. 2d 649 (2d Dep't 1972).
The Divorce Reform Law—A Lesson In Legislative Oversight, Edwin H. Wolf
The Divorce Reform Law—A Lesson In Legislative Oversight, Edwin H. Wolf
Buffalo Law Review
No abstract provided.
Legislation—Child Protection Proceedings Under Article 10 Of The New York Family Court Act, Peter P. Insero Jr.
Legislation—Child Protection Proceedings Under Article 10 Of The New York Family Court Act, Peter P. Insero Jr.
Buffalo Law Review
No abstract provided.
Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review
Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review
Michigan Law Review
The Uniform Probate Code (Code), which was approved by the American Bar Association in August 1969, deals with the problem of inheritance by illegitimates both with regard to intestate succession-section 2-109-and also with regard to the construction of a bequest to "children" by will-section 2-611. This Note will examine the issue whether the Code, which presents a comprehensive model for probate reform, deals with the problem of inheritance by illegitimates in an appropriate, desirable, and constitutional manner. The Code provisions concerning illegitimacy relate to many other provisions of the Code in which childhood status is relevant; therefore, it will be …
Family Support From Fugitive Fathers: A Proposed Amendment To Michigan's Long Arm Statute, Robert L. Nelson
Family Support From Fugitive Fathers: A Proposed Amendment To Michigan's Long Arm Statute, Robert L. Nelson
University of Michigan Journal of Law Reform
It is the purpose of this article to propose and discuss an amendment to Michigan's long arm statute which will allow the entry of extraterritorial alimony, separate maintenance, or child support decrees when Michigan is the state of the marital domicile and the defendant-spouse cannot be located for personal service of process. A plaintiff employing the proposed provision in a divorce action will be able to seek alimony, separate maintenance, or support payments as if the defendant were before the court, and the court will have the authority to grant her the necessary relief. If and when the wife later …
California Family Law Act, Meredith A. Nelson
California Family Law Act, Meredith A. Nelson
University of Michigan Journal of Law Reform
California's Family Law Act has been heralded as the first major change in the State's divorce provisions in one hundred years. The Act is an attempt to remedy two major criticisms of current divorce practice both in California and throughout the United States. First, those advocating reform believe that laws controlling the granting of divorces are in conflict with modem concepts of marriage and divorce. Many divorce laws impose punitive sanctions in an attempt to deter those who would otherwise seek a divorce. Second, notwithstanding their intent, divorce laws have not, in fact, reduced the frequency of divorce. The inability …
Population Policies Of State Governments In The United States: Some Preliminary Observations, Edwin D. Driver
Population Policies Of State Governments In The United States: Some Preliminary Observations, Edwin D. Driver
Villanova Law Review (1956 - )
No abstract provided.
Legislation As Protection For The Battered Child, Various Editors
Legislation As Protection For The Battered Child, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Preventable Law And Family Law: Pre-Marital Phases And Purposes, James F. Falco
Preventable Law And Family Law: Pre-Marital Phases And Purposes, James F. Falco
Villanova Law Review (1956 - )
No abstract provided.
A Child Conceived Through Artificial Insemination By A Third-Party Donor Is Illegitimate-Gursky V. Gursky, Michigan Law Review
A Child Conceived Through Artificial Insemination By A Third-Party Donor Is Illegitimate-Gursky V. Gursky, Michigan Law Review
Michigan Law Review
Husband and wife, upon discovery of the husband's inability to father children, sought to have the wife artificially inseminated. The husband gave his written consent to the clinical impregnation and agreed to pay for it. As a result of the artificial insemination a child was born. Subsequently, the wife sought an annulment and petitioned for support of this child. Held, annulment granted, and child declared illegitimate. A child conceived through artificial insemination by a third-party donor, even though done with the consent of the mother's husband, is illegitimate. Gursky v. Gursky, 39 Misc. 2d 1083, 242 N.Y.S.2d 406 …
More Light On Youth In The Courts: A Book Note, J. D. Hyman
More Light On Youth In The Courts: A Book Note, J. D. Hyman
Buffalo Law Review
No abstract provided.
The Role Of Statistical Data In The Functioning Of The Courts, John C. Scanlon, Kenneth Weingarten
The Role Of Statistical Data In The Functioning Of The Courts, John C. Scanlon, Kenneth Weingarten
Buffalo Law Review
No abstract provided.