Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Tax Law (9)
- Estates and Trusts (6)
- Jurisdiction (6)
- Property Law and Real Estate (6)
- State and Local Government Law (6)
-
- Contracts (4)
- Law and Gender (4)
- Taxation-Federal (4)
- Bankruptcy Law (3)
- Common Law (3)
- Conflict of Laws (3)
- Courts (3)
- Juvenile Law (3)
- Law and Economics (3)
- Law and Society (3)
- Sexuality and the Law (3)
- Civil Law (2)
- Civil Procedure (2)
- Constitutional Law (2)
- Legal History (2)
- Taxation-Federal Estate and Gift (2)
- Civil Rights and Discrimination (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Evidence (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Jurisprudence (1)
- Legal Ethics and Professional Responsibility (1)
- Institution
-
- University of Michigan Law School (21)
- University of Maryland Francis King Carey School of Law (15)
- University of Kentucky (11)
- Maurer School of Law: Indiana University (10)
- West Virginia University (8)
-
- Cleveland State University (5)
- The University of Akron (5)
- Villanova University Charles Widger School of Law (5)
- Vanderbilt University Law School (4)
- William & Mary Law School (4)
- Florida State University College of Law (3)
- Pepperdine University (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Florida International University College of Law (2)
- Notre Dame Law School (2)
- University of Baltimore Law (2)
- University of Maine School of Law (2)
- University of Washington School of Law (2)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Brigham Young University (1)
- Chicago-Kent College of Law (1)
- Duke Law (1)
- Duquesne University (1)
- Louisiana State University Law Center (1)
- Mitchell Hamline School of Law (1)
- Osgoode Hall Law School of York University (1)
- Penn State Dickinson Law (1)
- SJ Quinney College of Law, University of Utah (1)
- Seattle University School of Law (1)
- Publication Year
- Publication
-
- Michigan Law Review (15)
- Maryland Law Review (13)
- Kentucky Law Journal (11)
- West Virginia Law Review (8)
- Articles by Maurer Faculty (6)
-
- Akron Law Review (5)
- Articles (5)
- Faculty Scholarship (5)
- Villanova Law Review (1956 - ) (5)
- Cleveland State Law Review (4)
- Indiana Law Journal (4)
- Vanderbilt Law Review (4)
- Journal Articles (3)
- Pepperdine Law Review (3)
- All Faculty Scholarship (2)
- Florida State University Law Review (2)
- Maine Law Review (2)
- Scholarly Works (2)
- Washington Law Review (2)
- William & Mary Annual Tax Conference (2)
- William & Mary Law Review (2)
- Barry Law Review (1)
- Brigham Young University Prelaw Review (1)
- Catholic University Law Review (1)
- Chicago-Kent Law Review (1)
- Court Decisions (1)
- Duquesne Law Review (1)
- FIU Law Review (1)
- Faculty Publications (1)
- Faculty Works (1)
- Publication Type
Articles 31 - 60 of 127
Full-Text Articles in Family Law
Re-Thinking Alimony: The Aaml's Considerations For Calculating Alimony, Spousal Support Or Maintenance, Mary Kay Kisthardt
Re-Thinking Alimony: The Aaml's Considerations For Calculating Alimony, Spousal Support Or Maintenance, Mary Kay Kisthardt
Faculty Works
The mission of the American Academy of Matrimonial Lawyers is "to encourage the study, improve the practice, elevate the standards and advance the cause of matrimonial law, to the end that the welfare of the family and society be protected." The AAML Comission was charged to analyze, critically review and make recommendations consistent with the mission of the Academy. After considering all available sources of information the Commission concluded that there are two significant and related problems associated with the setting of spousal support. The first is a lack of consistency resulting in a perception of unfairness. From this flows …
Relational Contract And Other Models Of Marriage, Robert Leckey
Relational Contract And Other Models Of Marriage, Robert Leckey
Osgoode Hall Law Journal
This article proposes relational contract as a model for analyzing marriage under Canadian law. In contrast, in Bracklow v. Bracklow, the Supreme Court of Canada recognized two "competing" models of marriage and three models of spousal support. The difficult policy issues in the law of spousal support relate not to a tension between different models but instead go to compensation, including reliance and expectations. This article uses relational contract to critique Bracklow, considering the challenges in defining models. The Court's basic social obligation model and its non-compensatory support are unjustifiably broad, and its compensatory support is too narrow. In assessing …
Looking At Marriage, Naomi Cahn
Looking At Marriage, Naomi Cahn
Michigan Law Review
In a recent book (not the subject of this Review), highly successful and popular authors John Gottman and Nan Silver set out their seven effective principles for making a marriage last. The final suggestion is that spouses should "create shared meaning, an inner life together that is rich with symbols and family rituals and that honors the hopes of both partners." In a happy marriage, the couples not only provide support for each other, but also "build a sense of purpose into their lives together." Professor Gottman has developed these principles as a result of twenty years of research and …
Collecting Child Support: A History Of Federal And State Initiatives, Jane C. Murphy, Naomi R. Cahn
Collecting Child Support: A History Of Federal And State Initiatives, Jane C. Murphy, Naomi R. Cahn
All Faculty Scholarship
In this article we sketch an overview of the increasing federal involvement in the child-support area. Because the federal role has grown so dramatically over the past 25 years, family law practitioners need to understand the different federal programs and requirements that affect state management of child-support programs. While for many low-income parents state agencies handle child-support establishment and collection, the federalization of child support has practical implications when it comes to both establishing and enforcing child support. For example, as the time limits of the Personal Responsibility and Work Opportunity Reconciliation Act begin to have their effects, child support …
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
All Faculty Scholarship
Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …
Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers
Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers
Articles
Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …
Bringing Consistency To The Financial Arrangements At Divorce, Allen M. Parkman
Bringing Consistency To The Financial Arrangements At Divorce, Allen M. Parkman
Kentucky Law Journal
No abstract provided.
Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig
Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig
Journal Articles
Should the young professional's spouse get some share in a newly acquired career while the young military officer's will not? Does the division between alimony and property make any sense, given no-fault divorce? Is reimbursement for lost career opportunities plus a share in the couple's tangible property fair compensation for a divorcing spouse? Such difficult questions frame this piece, which will also—and I believe necessarily—digress into the nature of marriage, the duties of parenting, and modern divorce philosophy.
Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer
Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer
Faculty Scholarship
No abstract provided.
Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig
Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig
Journal Articles
I propose to make three comments on Professor Singer's article. First, I will present my views on the limitations of law and economics when applied to family law. Second, I will discuss why specialization between husbands and wives is not necessarily efficient, and perhaps not even the best use of law and economics in the study of the family. Finally, and perhaps most controversially, I will question whether there are gender differences that should impact alimony law.
Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.
Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.
Michigan Law Review
A Review of The Illusion of Equality: The Rhetoric and Reality of Divorce Reform by Martha Albertson Fineman
Louisiana Family Law, Christopher L. Blakesley
Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider
Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider
Articles
The riddle of alimony is why one former spouse should have to support the other when no-fault divorce seems to establish the principle that marriage need not be for life and when governmental regulation of intimate relationships is conventionally condemned. Perhaps the most intelligent and probing recent attempt to solve that riddle is Ira Ellman's The Theory of Alimony. In this article, I have two purposes. The first is to ask some questions about Professor Ellman's admirable inquiry into this intricate and intractable problem. These questions are not intended to disprove "the theory." Professor Ellman has, at the least, identified …
Support Alimony: The Uncertain State Of The Law, Robert G. Spector
Support Alimony: The Uncertain State Of The Law, Robert G. Spector
Oklahoma Law Review
No abstract provided.
Tax Aspects Of Divorce And Separation: Alimony, Child Support And Property Transfers, Robert E. Lee
Tax Aspects Of Divorce And Separation: Alimony, Child Support And Property Transfers, Robert E. Lee
William & Mary Annual Tax Conference
No abstract provided.
The Law Of Alimony, Christopher L. Blakesley
Divorce: A Taxing Experience, Charles Edward Falk
Divorce: A Taxing Experience, Charles Edward Falk
William & Mary Annual Tax Conference
No abstract provided.
Reforming The Tax Treatment Of Divorce: Splitting The Benefits Of A Split, C. Garrison Lepow
Reforming The Tax Treatment Of Divorce: Splitting The Benefits Of A Split, C. Garrison Lepow
Seattle University Law Review
The purpose of this Article is to consider the tax consequences of divorce, particularly those problems relating to property settlements. The tax consequences of alimony and child support are also considered. These problems have a long history that must be reviewed in order to understand both the present law and the current proposals which were considered by the House Ways and Means Committee during the last session of Congress. Unfortunately, the narrowness of the legislative proposals permits many of the problems to continue; the proposals change only the timing of the problem.
I.R.C. Section 71: Breaking Up Is Hard To Do, John A. Lynch Jr.
I.R.C. Section 71: Breaking Up Is Hard To Do, John A. Lynch Jr.
Duquesne Law Review
The author believes that applying the provisions of the Internal Revenue Code governing the tax treatment of payments made incident to separation and divorce has become complicated and unpredictable. In this article, Professor Lynch examines how I.R.C. sections 71 and 215 have developed, given congressional intent, with respect to the definition of an obligation of support, the differentiation between a support obligation and a property interest, and the periodic payment requirement. He concludes with suggestions aimed at simplifying the law with respect to these payments.
Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki
Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki
University of Michigan Journal of Law Reform
This article examines a bankruptcy court's power to modify a chapter 13 debtor's alimony payments. Part I discusses the bankruptcy court's jurisdiction in chapter 13 cases and the connection between the chapter 13 case and alimony modification proceedings. It then outlines the domestic relations limitation and the resulting conflict between bankruptcy courts and state courts with respect to alimony modification. Part II analyzes various arguments for and against allowing bankruptcy courts to hear alimony modification requests in chapter 13 cases. This analysis reveals that any state interests are far outweighed by the substantial benefits to be gained from consolidating the …
Enforcement Of Family Support Obligations In Virginia, Jane F. Vehko
Enforcement Of Family Support Obligations In Virginia, Jane F. Vehko
William & Mary Law Review
No abstract provided.
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 Role Of The Lawyer In Matrimonial Cases, Eric D. Turner
The Role Of The Lawyer In Matrimonial Cases, Eric D. Turner
Villanova Law Review (1956 - )
No abstract provided.
The New Pennsylvania Divorce Code, Lynne Z. Gold-Bikin, Jack A. Rounick
The New Pennsylvania Divorce Code, Lynne Z. Gold-Bikin, Jack A. Rounick
Villanova Law Review (1956 - )
No abstract provided.
Marital Property Distribution: Legal And Emotional Considerations, Norman Perlberger
Marital Property Distribution: Legal And Emotional Considerations, Norman Perlberger
Villanova Law Review (1956 - )
No abstract provided.
Specific Performance Of Separation Agreements: Is The Remedy Enforceable?, Jane Wettach
Specific Performance Of Separation Agreements: Is The Remedy Enforceable?, Jane Wettach
Faculty Scholarship
No abstract provided.
Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne
Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne
University of Arkansas at Little Rock Law Review
No abstract provided.
Wright V. Commissioner, 62 T.C. 377 (1974), Aff'd, 543 F.2d 593 (7th Cir. 1976), Ruth L. Gokel
Wright V. Commissioner, 62 T.C. 377 (1974), Aff'd, 543 F.2d 593 (7th Cir. 1976), Ruth L. Gokel
Florida State University Law Review
Income Tax- PROPERTY SETTLEMENT IN DIVORCE- AN UNSETTLED AREA OF SETTLED LAW.
The Abandoned Spouse: Alimony And Support Actions, And The Maryland Long Arm Statute, Gary Igal Strausberg
The Abandoned Spouse: Alimony And Support Actions, And The Maryland Long Arm Statute, Gary Igal Strausberg
Maryland Law Review
No abstract provided.
Alimony And Child Support In Ohio: New Directions After Dissolution, William Tabac
Alimony And Child Support In Ohio: New Directions After Dissolution, William Tabac
Law Faculty Articles and Essays
Recent decisions by the Ohio Supreme Court will undoubtedly have significant impact upon post-dissolution alimony and child support. In rejecting basic premises upon which domestic relations courts have historically ordered such payments, the court has set new directions. Traditional notions of sex-based roles in the support of the family have been set aside and new standards, based upon the needs of the parties and the factual circumstances in particular cases, have been established. As a result, the husband's statutory duty to support his wife and children during marriage will no longer govern his responsibilities toward the family following dissolution, and …