Family Law Commons^™

A Call For The Repudiation Of The Domestic Relations Exception To Federal Jurisdiction, Barbara Freedman Wand

Articles by Maurer Faculty

No abstract provided.

The Putative Marriage Doctrine, Christopher L. Blakesley

Scholarly Works

The classic putative marriage doctrine is substantive, ameliorative or corrective; it is designed to allow all the civil effects -- rights, privileges, and benefits -- which obtain in a legal marriage to flow to parties to a null marriage who had a good faith belief that their "marriage" was legal and valid. Most jurisdictions in the United States have developed equitable analogues to the putative spouse doctrine that provide all or part of the relief afforded by the classic doctrine.

If a marriage is declared to be null or void, that declaration is retroactive to the day that the null …

Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher, Victoria Bucur

University of Richmond Law Review

Premarital agreements, or antenuptial contracts, are generally favored by the law when prospective spouses privately contract to vary, limit, or relinquish certain rights which they would otherwise acquire in each other's property, or in each other's estate, by reason of their impending marriage. Traditionally, premarital agreements were made by widows, widowers, or divorced older people, who wished to retain control of property acquired in a prior marriage and, upon death, pass such property on to the children of that prior marriage.

The New Doctrine Of Necessaries In Virginia, Mark S. Brennan

University of Richmond Law Review

Under the traditional common law doctrine of necessaries, a husband has the duty to support his wife and is responsible for the cost of necessary goods and services furnished to his wife by third parties if he has failed to provide the necessaries himself. However, the recent influx of women into the marketplace and the United States Supreme Court's decisions on gender discrimination have caused a significant number of courts and state legislatures to modify the doctrine or abolish it altogether.

The Search For Guidance In Determining The Best Interests Of The Child At Divorce: Reconciling The Primary Caretaker And Joint Custody Preferences, Robert F. Cochran Jr.

University of Richmond Law Review

United States courts have generally stated that their primary concern in child custody cases is the interests of the child. Many different rules have been established in the name of the interests of the child. During the nineteenth century, courts in this country were split over whether the mother or the father generally would be the better custodian for the child, with some courts recognizing a preference for the father and others, a preference for the mother. Most states eventually adopted a preference for the mother in custody cases involving children "of tender years." During the 1970's, many states rejected …

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

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.

Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky

Center on Children, Families, and the Law: Faculty Publications

The assumption that job satisfaction and job performance are related has much intuitive appeal, despite the fact that reviewers of this literature have concluded there is no strong pervasive relation between these two variables. The present meta-analytic study demonstrates that (a) the best estimate of the true population correlation between satisfaction and performance is relatively low (.17); (b) much of the variability in results obtained in previous research has been due to the use of small sample sizes, whereas unreliable measurement of the satisfaction and performance constructs has contributed relatively little to this observed variability in correlations; and (c) nine …

Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt

Seattle University Law Review

The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …

Consultants' Comments On The New York State Law Revision Commission Recommendation On The Child Custody Dispute Resolution Process, Linda Silberman, Andrew Schepard

Hofstra Law Faculty Scholarship

As the consultants to the New York State Law Revision Commission for its Recommendation concerning the child custody dispute resolution process, we share significantly in the credit for and the criticism of the Commission's work. One goal of our effort was to focus attention on the needs of parents and children involved in divorce ─ needs to which the legal system must respond. Public hearings have sharpened that issue and even raised questions about basic premises of the Recommendation. But the purpose of these Comments is to respond to some misconceptions that have arisen, by summarizing the philosophy and features …

The Contingent Fee Contract In Domestic Relations Cases - Thompson V. Thompson, Timothy H. Graham

Campbell Law Review

This Note will sketch the background of the contingent fee in North Carolina and then examine contingent fee agreements in domestic relations actions in other jurisdictions. The Note will then examine the Thompson court's holding and look at some unanswered questions. The Note concludes that, based on the public policy of North Carolina and of the majority of other jurisdictions, the court reached the correct decision in holding that contingent fee contracts in domestic relations actions are against public policy.

Crossing Boundaries: Nineteenth-Century Domestic Relations Law And The Merger Of Family And Legal History, Michael Grossberg

Articles by Maurer Faculty

This essay argues for the need to study the legal history of the American family. It does so by combining a critique of secondary literature in family and legal history with examples from nineteenth-century domestic relations law. These examples, drawn from family law doctrines on seduction under the cover of a marriage promise, runaway marriages, and bastardy, are used to indicate the benefits of adding a sociocultural dimension to legal history and legal and institutional dimensions to family history. Three main themes in the history of nineteenth-century domestic relations law are developed to make these points: the law's particular fabric …

To Grandmother’S House We Go: Grandparent Visitation After Stepparent Adoption, Peter Zablotsky

Scholarly Works

No abstract provided.

Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles

Office for Policy Studies on Violence Against Women Publications

In a survey of 504 college students examining predictors of violence in heterosexual relationships, over half of both men and women had committed at least one physically violent act. Modest associations between physical violence and sexual aggression were uncovered. In a series of discriminant analyses, men who abused their partners were not readily distinguished from men who did not, but tended to by young, low in family income, traditional in attitudes toward women, abused as children, currently living with a women, and from Appalachian areas.

The Parent-Child Privilege, Robert L. Maxwell

BYU Law Review

No abstract provided.

Divisibility Of Advanced Degrees In North Carolina - An Examination And Proposal, Buddy O. H. Herring

North Carolina Central Law Review

No abstract provided.

Book Review Of American Family Law In Transition, Louis M. Brown

Journal of Legal Education

No abstract provided.

Note: Equitable Distribution: Approaches To Apportionment, Linda P. Zarski

West Virginia Law Review

No abstract provided.

Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey

West Virginia Law Review

No abstract provided.

Essay: Critique Of West Virginia's New Equitable Distribution Statute, Penelope Crandall

West Virginia Law Review

The 1984 session of the West Virginia Legislature passed a comprehensive bill which sought to establish both the substantive and procedural elements of equitable distribution. The legislature apparently intended to codify the exact parameters of the doctrine of equitable distribution in West Virginia. This legislative action was at least partly motivated by a desire to clear up some of the confusion which had resulted from the recent judicial adoption of the equitable distribution doctrine. The equitable distribution portion of the law found in West Virginia Code section 48-2-32 establishes the presumption that all marital property shall be divided equally between …

William E. H. Tagupa's Review Of David Weisbrot, Abdul Paliwala, And Akilagpa Sawyerr's Law And Social Change In Papua New Guinea, William E. H. Tagupa

Pacific Studies

No abstract provided.

The Right To Life Of The Unborn-An Assessment Of The Eighth Amendment To The Irish Constitution, John A. Quinlan

BYU Law Review

No abstract provided.

The Swedish Ban Of Corporal Punishment, Dennis Alan Olsen

BYU Law Review

No abstract provided.

Rehabilitative Alimony -- A Matter Of Discretion Or Direction?, James S. Ford

Florida State University Law Review

No abstract provided.

The Legislative Response To Infant Doe, Abigail Lawlis Kuzma

Indiana Law Journal

No abstract provided.

Domestic Relations—Arkansas Supreme Court Defines Marital Property To Include Future Pension Benefits, Roger L. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.

Garnishment Of Wages To Enforce Child Support - A New Remedy For An Old Problem., Mary Fenlon

St. Mary's Law Journal

Abstract Forthcoming.

The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review

Michigan Law Review

This Note examines when judges deciding custody disputes may consider potential custodians' religious practices without violating the establishment clause of the first amendment to the Constitution. Although courts agree that they may not prefer one parent to another for religious reasons when both parents are religious and neither parent's religious practices threaten the child's health or safety, some courts believe that they may constitutionally prefer a religious parent to a nonreligious parent. Part I argues that courts violate the establishment clause by preferring religion to nonreligion when there is no showing that the child has personal religious convictions. Part II …

The Treatment Of Mandatory Tax Withholdings In Calculating Afdc Benefits: Fairness As A Relevant Inference In Ascertaining Congressional Intent, Michigan Law Review

Michigan Law Review

This Note contends that the more appropriate construction of the statute is to view mandatory tax withholdings as nonincome and nonwork expense items. Part I traces the pre-OBRA legislative and administrative history and examines the judicial interpretations of 42 U.S.C. section 602(a)(7) "income" and section 602(a)(8) "earned income." It concludes that under the "availability" principle, tax withholdings have always been regarded as nonincome items distinct from work expenses. It contends that, notwithstanding contradictory language in the regulations implementing section 602(a)(8), the status of tax withholdings as nonincome items under section 602(a)(7) is controlling. Part II considers the legislative history and …

The Unnecessary Doctrine Of Necessaries, Michigan Law Review

Michigan Law Review

This Note argues that neither the traditional nor the modem necessaries doctrines are justifiable in contemporary society. Part I investigates the practical effects of both the traditional and contemporary necessaries doctrines and demonstrates that neither is an effective mechanism for providing support to a needy spouse. While a more successful support remedy might be devised to replace modem and traditional versions of the necessaries rule, Part II shows that yet another reformulation would not be worthwhile because the theoretical underpinnings of the doctrine are faulty. There is no persuasive evidence to establish the existence of the narrow support problem the …