Family Law Commons^™

The Limits Of Social Policy, Cary Coglianese

Michigan Law Review

A Review of The Limits of Social Policy by Nathan Glazer

Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America, Elizabeth B. Clark

Publications

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.

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.

Prospective Fathers And Their Unborn Children, Jeffrey A. Parness

University of Arkansas at Little Rock Law Review

No abstract provided.

North Carolina's Uniform Premarital Agreement Act: A Contract Perspective, Richard A. Lord

Campbell Law Review

This Article will explore the likely impact the Uniform Premarital Agreement Act will have in North Carolina from a contractual perspective. First, the Article provides a thumbnail overview of the Act's provisions. Then, the Article considers the effect of the Act on North Carolina law and practice. Finally, the Article explores some of the more important and basic practical problems caused by the Act and suggests tentative solutions.

Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen

University of Michigan Journal of Law Reform

Several authorities in the field of estate planning have examined in great detail the options currently available to the parents of disabled children. The options are limited. Ideally, laws should address the concerns of the families of disabled children while providing those families with the incentive to help bear the financial costs of providing for their children. New legislation is needed to achieve this dual objective. This legislation must establish a method by which parents can improve meaningfully the quality of a surviving disabled child's life without substantially increasing the social cost of supporting that disabled child. This Article proposes …

A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman

Osgoode Hall Law Journal

This essay explores the feminist debates around gender difference and gender equality in the context of the Supreme Court of Canada's Pelech trilogy. It argues that the Court's approach to the enforcement of separation agreements does not adequately account for gender difference. Based on feminist critiques of difference, the essay then suggests an approach which might allow us to move beyond the dilemmas that difference presents to feminist legal theory and practice, and to the enforcement of separation agreements in particular.

The Uniform Probate Code's "Augmented Estate" Concept: A Remedy For The North Carolina Dissent Statute, Charles H. Munn Jr.

Campbell Law Review

This Comment will show that state statutes are not always effective. This Comment (1) discusses North Carolina's dissent statute, (2) shows the possible unfairness the North Carolina dissent statute may cause, and (3) argues why the Uniform Probate Code's "augmented estate" concept should be incorporated in North Carolina's dissent statute.

In Re Augare Children, 90-Ap-04 (Blkft. Tr. Ct. App., Feb. 7, 1990), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a writ of habeas corpus to return the children to their mother, citing the purpose of Habeas Corpus petitions are for unlawful detainment of persons in the tribal jail. The Court, sua sponte reversed the lower court’s temporary ex parte order granting custody to the children’s father, until a show cause hearing can be held to determine the best interests of the minor children. The Judge returned the children to their mother until a determination of their best interests can be made.

Federal Income Taxation And Community Property Law: The Case For Divorce, John A. Miller

Articles

No abstract provided.

Community-Property Treatment Of The Increase In Value Of A Separately Owned Business, Elizabeth Brandt

Articles

No abstract provided.

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 …

Family Law, Ilene E. Shapiro, Melissa S. Viedrah

Loyola University Chicago Law Journal

No abstract provided.

In Re E.G.: The Right Of Mature Minors In Illinois To Refuse Lifesaving Medical Treatment, Jennifer Fouts Skeels

Loyola University Chicago Law Journal

No abstract provided.

The Aid Child And In Re Marriage Of Adams: Ambiguities In The Illinois Parentage Act (Or Who's Your Daddy?), Lauren S. Smith

Loyola University Chicago Law Journal

No abstract provided.

Illinois Ex Rel. Sheppard V. Money: Income Withholding Provision Of The Illinois Parentage Act Of 1984 Expedites Child Support Enforcement At Employers' Expense, 23 J. Marshall L. Rev. 285 (1990), Timothy G. Compall

UIC Law Review

No abstract provided.

Stepparents, Biologic Parents, And The Law's Perception Of 'Family' After Divorce, David L. Chambers

Book Chapters

The drama of divorce always contains at least two characters, a woman and a man, and often a third, a child born to the woman and the man. If you have read the other chapters of this book, you have rarely encountered any of the other persons who may be affected by a divorce, such as the children of either person from a prior marriage, or later spouses or partners of either party, or later born children of either party-all the persons who are or become stepchildren or stepparents. You have not encountered them because, in this country, with minor …

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie

University of Michigan Journal of Law Reform

This Note presents a Model Statute that clearly indicates when a court may find that an established custodial environment has arisen out of a temporary custody order. The Model Statute thus clarifies when it is appropriate to apply the clear and convincing evidentiary standard to situations involving temporary child custody orders. Part I of this Note describes the court's use of temporary custody orders to determine whether an established custodial environment exists. Part II sets forth the Model Statute, which integrates current case law into statutory language designed specifically for temporary custody situations. Part II also analyzes each section of …

Beyond The Best Interest Of The Child: The Primary Caretaker Doctrine In West Virginia, Dan O'Hanlon, Margaret Workman

West Virginia Law Review

No abstract provided.

Family Law—Child Custody—A Cryopreserved In Vitro Embryo Is A "Child" For Domestic Relations Purposes. Davis V. Davis, 1989 Wl 140495 (No. E-14496 Tenn. Cir. Ct. 1989)., David P. Martin

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Freedom Of Religion—Requiring Reports Of Religious Counseling Sessions Under Child Abuse Reporting Statutes Does Not Violate The First Amendment. State V. Motherwell, 114 Wash. 2d 353, 788 P.2d 1066 (1990)., Mona J. Mcnutt

University of Arkansas at Little Rock Law Review

No abstract provided.

Surrogate Motherhood From The Perspective Of Family Law, Carl E. Schneider

Articles

One of the things that I find most puzzling about the question of surrogate motherhood is how easily many people answer it. One of the things that I have most admired about today's comments is their tone of constraint and their sense of complexity. I myself am sympathetic to the argument that the unhappiness of infertile couples is profound and that surrogacy contracts offer them the hope of an equally profound happiness. And I am prepared to believe that many surrogate mothers perform their part of the bargain without grief and even with gratification. Yet these benefits of surrogacy are …

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …

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 …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

In Common Law in Southern Africa, Kutner surveys the judgments that are published in South African Law Reports and the official law reports of other southern African states from 1947 to the present. English language commentaries on the cases and statutes discussed in the text are cited in the notes. A Table of Statutes, Table of Cases, Conflict of Laws Index and Torts Index also are provided.

The Innocent Spouse Problem: Joint And Several Liability For Income Taxes Should Be Repealed., Richard C.E. Beck

Articles & Chapters

Husbands and wives who elect to file joint federal income tax returns

are jointly and severally liable for the entire tax due. Ninety-nine

percent of married couples who file income tax returns make the election

to file jointly, and each spouse thereby incurs personal liability for

the other spouse's income taxes. This Article argues that the rule is

unfair and unjustified and should be repealed

Protecting Children In Nontraditional Families: Second Parent Adoptions In Washington, Carrie Bashaw

Seattle University Law Review

Most adults take for granted their right, through marriage and adoption, to legally protect their relationship with children. A substantial segment of adults, however, cannot take this right for granted. In some states these individuals are denied the right to have a legal relationship with their partners' children because they are lesbians. The rights and needs of children in these nontraditional families could be recognized through second parent adoptions. In essence, a second parent adoption is the adoption of a child by the partner of the child's natural or legal parent. For example, suppose a lesbian couple, Emily and Lynn, …

Divorce, Interspousal Torts, And Res Judicata, Andrew Schepard

Hofstra Law Faculty Scholarship

Some fear that requiring litigation of interspousal torts in a divorce action may undermine the policy premises of no-fault divorce. Fear of res judicata may encourage divorce litigants to scrape the "bottom of the barrel" and assert every conceivable tort claim that arose during the marriage. Divorce litigation will thus become more bitter and hostile than it already is. Others fear that divorce litigation will become unmanageable as tort claims and third parties are added to joined tort/divorce litigation.

The thesis of this article is that, despite these concerns, as a general rule, spouses should be required to litigate tort …