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Articles 331 - 360 of 453
Full-Text Articles in Family Law
Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews
Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews
Articles
In 1986, Washington followed the lead of several other community property jurisdictions by adopting quasi-community property legislation. The act is designed to prevent a spouse who has onerously acquired property during marriage while the couple resided in a common law state from disinheriting his or her surviving spouse as to that property after moving to Washington. It has significant implications not only for married couples contemplating a move to Washington, but also for those who have moved to Washington from common law jurisdictions in the past. This article explains why the risk of disinheritance arises, describes the provisions of Washington's …
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
UIC Law Review
No abstract provided.
Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller
Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller
Articles
There has been much, mostly inconclusive, discussion about how to define the household in a manner suitable for comparative purposes. Certain conventional criteria are not very useful in the Icelandic context, where it appears that a person could be attached to more than one household, where the laws suggest it was possible for more than one household to be resident in the same uncompartmentalised farmhouse; and where headship might often be shared. Definitions, for example, based on co residence or on commensalism do not jibe all that well with the pastoral transhumance practised by the Icelanders. Sheep were tended and …
The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York
The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York
Touro Law Review
No abstract provided.
Classifying Marital And Separate Property--Combinations And Increase In Value Of Separate Property, Joan M. Krauskopf
Classifying Marital And Separate Property--Combinations And Increase In Value Of Separate Property, Joan M. Krauskopf
West Virginia Law Review
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
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.
Note: Equitable Distribution: Approaches To Apportionment, Linda P. Zarski
Note: Equitable Distribution: Approaches To Apportionment, Linda P. Zarski
West Virginia Law Review
No abstract provided.
Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham
Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham
Kentucky Law Journal
No abstract provided.
Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy
Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy
West Virginia Law Review
No abstract provided.
Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher
Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher
University of Richmond Law Review
Collection practice has undergone a major transition over the past fifteen years. Once the ignored bastard by the mainstream of the bar, collection practice has survived and matured into a serious endeavor for a growing body of lawyers. Several reasons underlie this change. First, as society has become more transient and business relationships increasingly impersonal, businessmen and professionals have had to intensify collection efforts to maintain profit levels. Since legislation and supplementary case decisions have made debtor-creditor law a complex field, lawyers are frequently called upon to do collection work because of their expertise in using sophisticated legal procedures. Second, …
The Federal Military Retirement System Preempts State Community Property Law At Divorce: Mccarty V. Mccarty, Samuel D. Mcvey
The Federal Military Retirement System Preempts State Community Property Law At Divorce: Mccarty V. Mccarty, Samuel D. Mcvey
BYU Law Review
No abstract provided.
In Re Marriage Of Komnick: The Appreciation Of Nonmarital Property In The Illinois Marital Property Distribution Scheme, 15 J. Marshall L. Rev. 531 (1982), Ruth Miller
UIC Law Review
No abstract provided.
Virginia Laws Affecting Churches - Restated, J. Rodney Johnson
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
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1979
Survey Of Developments In West Virginia Law: 1979
West Virginia Law Review
No abstract provided.
The Distrubution Of Marital Real Property Upon Divorce In West Virginia: The Need For Legislative Reform, John F. Cyrus
The Distrubution Of Marital Real Property Upon Divorce In West Virginia: The Need For Legislative Reform, John F. Cyrus
West Virginia Law Review
No abstract provided.
The Rights Of An Illegitimate Child Post - Gomez V. Perez: A Legitimate Situation., Deborah J. Venezia
The Rights Of An Illegitimate Child Post - Gomez V. Perez: A Legitimate Situation., Deborah J. Venezia
St. Mary's Law Journal
Throughout Texas history the legal status of illegitimacy has prevented an illegitimate child from enjoying the right of parental support guaranteed to a legitimate child. The United States Supreme Court’s decision in Gomez v. Perez rendered unconstitutional the denial of an illegitimate child’s right to parental support on the basis of his illegitimacy. In response to Gomez, the Texas Legislature enacted Chapter 13 of the Texas Family Code (TFC) which provides for voluntary legitimation of an illegitimate child by the father. Section 13.01 gave an illegitimate child, whose natural father did not voluntarily acknowledge paternity, procedure to establish the parent-child …
The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter
The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter
St. Mary's Law Journal
The present constitutional definition of married women’s separate property serves to protect the wife’s property rights and to preserve the community property system in Texas. However, the policy reasons for the constitutional definition no longer apply, since there is no present danger of the legislature reducing the property rights of married women or abandoning the community property system. Further, the needs and customs of the people of Texas have changed since the adoption of the original Texas Constitution in 1845. Today, it is estimated that thirty percent of couples who marry in the United States eventually divorce and sixty percent …
Family Law And The Pennsylvania Equal Rights Amendment, Albert Momjian
Family Law And The Pennsylvania Equal Rights Amendment, Albert Momjian
Villanova Law Review (1956 - )
No abstract provided.
The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn
The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn
Articles
The estate tax marital deduction, section 2056 of the Internal Revenue Code, was enacted in 1948, along with the split-income provisions of the income tax law and the marital deduction and split-gift provisions of the gift tax law. The purpose was to give married residents of common law states approximately the same federal tax advantages that were available to married residents of community property states. Ordinarily, upon the death of a married resident of a community property state, only one-half of the community property is taxed in the decedent's estate. Section 2056 achieves approximately the same result for married residents …
Community Property - Benefits Awarded Under The Railroad Retirement Act Are Not Community Property Subject To Division Upon Divorce., Paul Andrew Drummond
Community Property - Benefits Awarded Under The Railroad Retirement Act Are Not Community Property Subject To Division Upon Divorce., Paul Andrew Drummond
St. Mary's Law Journal
Abstract Forthcoming.
Professional Corporation May Have Valuable Goodwill, Apart From Person Of Individual Member, That Must Me Considered In Property Settlement On Divorce., Carey P. Locke
St. Mary's Law Journal
Abstract Forthcoming.
Survey Of Developments In West Virginia Law: 1978
Survey Of Developments In West Virginia Law: 1978
West Virginia Law Review
No abstract provided.
Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad
Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad
Michigan Law Review
In recent years, litigation over property arrangements between unmarried cohabitants has posed some old questions in a new light and has yielded some new answers. One of the most intriguing of these questions is whether a cohabitant has a right, upon dissolution of the relationship, to remuneration for household services rendered during the relationship. A spouse who contributed household services in an actual marriage, of course, may upon divorce receive a share of the property acquired by the other spouse during the marriage or may receive a monetary award as compensation for the contributions made to the other during the …
Ex-Wife May Bring Garnishment Proceedings To Secure Her Share Of Ex-Husband's Military Retirement Pay Under The Federal Consent Statute., Howard E. Strackbein
Ex-Wife May Bring Garnishment Proceedings To Secure Her Share Of Ex-Husband's Military Retirement Pay Under The Federal Consent Statute., Howard E. Strackbein
St. Mary's Law Journal
Abstract Forthcoming.
Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka
Washington Law Review
This note presents two analyses of the Olson decision. Under the first analysis, the amended Initiative is interpreted to require a writing executed by the marital community in order to convert property from community to joint tenancy ownership. It is argued that this interpretation is unreasonable and will produce an unsatisfactory result in some cases. The second analysis is based on community property law: both spouses must participate in the change of ownership because the property rights of both are affected. This reasoning better supports the Olson decision. It was incompletely developed in the opinion, however, because the court did …
Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman
Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman
Kentucky Law Journal
No abstract provided.
Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney
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: 1976
Survey Of Developments In West Virginia Law: 1976
West Virginia Law Review
No abstract provided.