Family Law Commons^™

Alimony In Indiana Under No-Fault Divorce, Stephen R. Pennell

Indiana Law Journal

No abstract provided.

Would You Sue Your Spouse, William W. Respess Jr.

North Carolina Central Law Review

No abstract provided.

The Illegitimate Child V. The State Of North Carolina: Is There A Justiciable Controversy Under The New Constitutional Standards, Geoffrey E. Gledhill

North Carolina Central Law Review

No abstract provided.

Community Property And The Homestead Student Symposium - Texas Land Titles: Part Ii., Michael F. Archer

St. Mary's Law Journal

Abstract Forthcoming.

Division Of Marital Property On Divorce: A Proposal To Revise Section 3.63., J. Brian Sokolik

St. Mary's Law Journal

Abstract Forthcoming.

Community Property Marital Settlements: The Problem And A Proposal, Roland L. Hjorth

Washington Law Review

This article is an attempt to deal with the "larger whole" of community property divisions. It concludes with a proposal that, inasmuch as marriages in community property states are similar to partnerships, the dissolution of marriages should be treated for tax purposes in a manner similar to the dissolution of partnerships.

The Transmission Of Wealth At Death In A Community Property Jurisdiction, John R. Price

Washington Law Review

This article reports the results of an empirical study of the distribution, disposition and taxation of wealth at death in a community property state—Washington. The study was undertaken in order to extend the existing data base regarding the transmission of property at death to two new areas: (1) the community property states; and (2) transfers by way of probate avoidance devices. The existing data base is derived primarily from three relatively recent studies of the transmission of wealth at death through the estate administration process in common law property states. They provided answers to a host of very important and …

Community Property—Deferred Compensation: Disposition Of Military Retired Pay Upon Dissolution Of Marriage—Payne V. Payne, 82 Wn. 2d 573, 512 P.2d 736 (1973), D. Michael Young

Washington Law Review

Petitioner-wife and respondent-husband were married a year after he entered the military service, and divorced in Washington a year before he became eligible to retire. In a property distribution provision of its divorce decree, the trial court awarded the wife $65 per month of the $360 per month military retired pay which the husband expected to receive incident to his prospective retirement from the United States Air Force. The court of appeals, reversing, held that such an interest could not be distributed as property under a divorce decree. The Washington Supreme Court, however, reinstated the decree of the trial court, …

Revocation Of Consents To Adoption In Illinois: A Proposal For Statutory Change, John L. Mccormack

Loyola University Chicago Law Journal

No abstract provided.

Recent Developments In American Divorce Legislation, Harvey L. Zuckman

Scholarly Articles

The "no fault divorce" revolution continues apace. Since publication of Professor Fox's and my survey of non fault divorce legislation in the Journal of Family Law in the summer of 1973, seven more states have amended their divorce laws to provide in some way for non fault divorce. Today more than forty states are in the non fault column.

The Physician's Decision Making-Role In Abortion Cases, Raymond B. Marcin, Julia Marcin M.D.

Scholarly Articles

No abstract provided.

The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer

University of Michigan Journal of Law Reform

A primary function of the Juvenile Court is to assist in the protection of children from abuse and neglect. Juvenile court acts, child abuse reporting statutes, and child protective services legislation have incorporated provisions dealing with physical abuse and physical neglect of children. Such legislation enables state intervention into family life for the protection of children exposed to harmful environments. Statutory definitions of abuse and neglect provide a basis on which the community, frequently through the juvenile court, may pass judgment on the existence of child neglect and offer services or coerce family members to accept them. A few states, …

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.

The Impact Of The Equal Rights Amendment On The New York State Alimony Statute, Richard H. Murphy

Buffalo Law Review

No abstract provided.

Family Code, Cuba. Asamblea Nacional Del Poder Popular

Mario Diaz Cruz Pamphlets

Law No. 1289 of February 14 1975. Official Gazatte, February 15 1975

Adoption Reform In Ohio, Kathleen Haack Hartley

Cleveland State Law Review

This note will treat the three areas of the proposed Ohio Adoption Reform bill which seem significant: the need for agency consent in adoption proceedings; the rights of putative fathers in adoption proceedings; and independent adoptions. While a complete separation of the social and legal consequences of the proposed changes is not always possible, this note will focus primarily on the legal ramifications in these particular areas by sampling the laws of various states with an emphasis on Ohio law as it relates to the proposed adoption procedure.

Family Law-Putative Father Denied Custody Under Restrictive Interpretation Of His Rights

University of Richmond Law Review

Under the common law, the illegitimate child was deemed nullius filius, no man's son. However, our courts have gradually granted the illegitimate substantially the same rights as those afforded the legitimate child. Unlike the child, the putative father, who originally was free from any obligation to his offspring, has encountered the same duties as the father of a legitimate child notwithstanding the fact that he is afforded few of the parental rights.

Intervention Between Parent And Child: A Reappraisal Of The State’S Role In Child Neglect And Abuse Cases, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Once a court agrees that it has sufficient cause to assume jurisdiction in order to protect a child, there is a high probability that the child will be separated from his family for months or years, or permanently. Despite the disruptive impact this process obviously can have on children and their families, at present there is little consensus about when a court should find that a particular child is neglected or abused. And just as there is little agreement on when intervention in a particular family is justified, there is little agreement about what forms of intervention are constructive.

Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson

Articles

The gift tax is imposed on the "transfer of property by gift." The term gift is not expressly defined either in the Code or in the Treasury Regulations. However, section 2512(b), dealing with the valuation of gifts, states that "where property is transferred for less than an adequate and full consideration in money or money's worth," the difference between the value of the property transferred and the consideration received constitutes a gift. Thus, for gift tax purposes, the determination of whether a gift was made does not turn so much on the intent of the transferor as it does on …

Natural Law And The Marriage Of Christians, Robert E. Rodes

Journal Articles

Traditional Catholic marriage doctrine is under a good deal of pressure these days, and much of the pressure seems to come from canonists. It is not surprising that this should be the case. The ideal of Christian lovers giving themselves to one another irrevocably, and living out their commitment, with God's help, until death has lost none of its attractiveness. But as the canonists reflect on what they are doing, they become increasingly disturbed by their inability to offer a practical way out to people who have signally failed to implement the ideal in their lives.

Nevertheless, it seems to …

The Interests Of A Wife In Joint Management Community Property Are Not Affected By An Action To Which She Is Not A Named Party., J. Brian Sokolik

St. Mary's Law Journal

Abstract Forthcoming.

Marriage In An Age Of Possibility: Joseph Epstein's Divorced In America, William I. Fine

IUSTITIA

Ever since the William Loud family first exhibited their marital difficulties on the Public Broadcasting Service, there has been a new direction in the popular literature on American divorce. In the past, the study of marital breakdown relied heavily on a foundation of case studies and empirical data. As society became more complex and variable, permutations from the basic theories became inextricably confused. Often the validity of a research technique would become a greater point of controversy than the results achieved. The product was a contradictory and prematurely dated body of knowledge in which no conclusive evidence could be assembled …

Sosna V. Iowa, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Stanton V. Stanton, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Child Neglect Proceedings-A New Focus, Ellen K. Thomas

Indiana Law Journal

No abstract provided.

Benefits To The Unborn Under The Aid To Families With Dependent Children Program: Is There Legislative Intent., Gershon Dean Cohen

St. Mary's Law Journal

Abstract Forthcoming.

Some Thoughts About Thomas More And Legal Education, Charles O. Galvin

Journal of Legal Education

No abstract provided.

State Durational Residence Requirements For Divorce: How Long Is Too Long?

Washington and Lee Law Review

No abstract provided.

The Putative Father's Rights After Roe V. Wade., William E. Tapovatz

St. Mary's Law Journal

Abstract Forthcoming.

The Community Property Law In Washington, Harry M. Cross

Washington Law Review

Washington's present community property regime, with the major exception of the 1972 amendments, has remained largely unchanged in its basic structure since enactment by the territorial legislature in 1879. The statutes, in two separate sections, provide that property and pecuniary rights owned by each spouse at the time of marriage, any property thereafter acquired lucratively, and the rents, issues and profits therefrom constitute separate property. All property acquired after marriage which is not separate property is community property. With the 1972 changes now in effect, each spouse has equal management power over the community property. Each spouse has a general …