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Articles 6841 - 6870 of 7930

Full-Text Articles in Family Law

The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick Mar 1974

The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick

St. Mary's Law Journal

The status of specific items of property as separate or community property is a frequent subject of divorce litigation in Texas. Spouses will have unfriendly presumptions in favor of the community estate when separate property funds have been commingled. Rebutting these presumptions requires the spouse to trace the original separate property into the particular assets on hand at the time of the dispute. As Texas case law illustrates, however, tracing can be difficult, and a court’s strict adherence to it can cause harsh and often inequitable results. Although there have been instances of courts allowing less than specific tracing, these …

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The Dissolution Act Of 1973: From Status To Contract?, Luvern V. Rieke Feb 1974

The Dissolution Act Of 1973: From Status To Contract?, Luvern V. Rieke

Washington Law Review

No abstract provided.

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The Illegitimate Children And Parental Rights Act, Andrew C. Gauen Feb 1974

The Illegitimate Children And Parental Rights Act, Andrew C. Gauen

Washington Law Review

The Illegitimate Children and Parental Rights Act, signed into law March 20, 1973, has substantially altered procedures relating to adoption and custody in Washington. Both parents of an illegitimate child now have primary right to custody of the child. The putative father now is entitled to notice of those proceedings which may permanently terminate his parental rights, including a hearing to determine the necessity of his consent to his child's adoption. In addition, a putative father now stands on an equal footing with the child's natural mother when seeking custody of his child at a filiation proceeding.

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Family Law—A Man Who Consents To The Heterologous Artificial Insemination Of His Wife Is The Childs Father Whose Permission Is Required For The Adoption Of The Child By Another., Barbara J. Davies Jan 1974

Family Law—A Man Who Consents To The Heterologous Artificial Insemination Of His Wife Is The Childs Father Whose Permission Is Required For The Adoption Of The Child By Another., Barbara J. Davies

Buffalo Law Review

In re Adoption of Anonymous, 74 Misc. 2d 99, 345 N.Y.S.2d 430 (Sur. Ct. 1973).

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The Aba Family Law Section V. The Nccusl: Alienation, Separation And Forced Reconciliation Over The Uniform Marriage And Divorce Act, Harvey L. Zuckman Jan 1974

The Aba Family Law Section V. The Nccusl: Alienation, Separation And Forced Reconciliation Over The Uniform Marriage And Divorce Act, Harvey L. Zuckman

Scholarly Articles

The movement for divorce reform in the United States is a natural reaction to the nearly unmixed evil spawned by the fault system of divorce inherited from the English ecclesiastical courts. The need to establish the fault of one spouse in order to obtain dissolution of the marriage led, in many cases, to unnecessary additional discord between the parties where the divorce was contested, collusion between them where it was not, and perjury, subornation of perjury and distortion of our system of justice in either situation. While the conviction that the system must be replaced by something better is not …

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Guardian Ad Litem In A Family Court, Marshall A. Levin Jan 1974

Guardian Ad Litem In A Family Court, Marshall A. Levin

Maryland Law Review

No abstract provided.

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Federal Invome Tax Discrimination Between Married And Single Taxpayers, Michael W. Betz Jan 1974

Federal Invome Tax Discrimination Between Married And Single Taxpayers, Michael W. Betz

University of Michigan Journal of Law Reform

This article explores the present tax rate structure and its implications, considers the historical events and policies which created four separate tax rates, analyzes the tax policies embodied by the different rate treatment of married and single taxpayers, and examines the constitutional problems involved in maintaining the present disparate tax treatment. An alternative tax rate treatment, which will avoid the discrimination inherent in the present system, is suggested.

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Solomon's Sword: Adjudication Of Child Custody Questions, Robert E. Shepherd Jr. Jan 1974

Solomon's Sword: Adjudication Of Child Custody Questions, Robert E. Shepherd Jr.

University of Richmond Law Review

It is significant that this story from the reign of King Solomon in the tenth century B.C. uses as its setting a battle over child custody to illustrate the legendary "wisdom of Solomon."' It is equally meaningful that after the passage of some three thousand years of civilization and supposed social progress, a twentieth century Amer- ican judge could remark that "a judge agonizes more about reaching the right result in a contested custody issue than about any other type decision he renders." And this agony intrudes into an ever-increasing number of cases.

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Abortion: The Court Decides A Non-Case, Joseph O'Meara Jan 1974

Abortion: The Court Decides A Non-Case, Joseph O'Meara

Journal Articles

It took the Supreme Court 105 years to discover that the Fourteenth Amendment guarantees a personal right of privacy that invalidates state statutes forbidding abortion except to save the mother's life. As Mr. Justice Rehnquist pointed out, in a dissent that no member of the Court attempted to answer, at least thirty-six states had such anti-abortion statutes when the Fourteenth Amendment was adopted. None was attacked on the ground that they offended the newly adopted amendment. The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the …

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The Federal Income Tax Effects Of The Missouri Version Of The Uniform Divorce Act, Alan Gunn Jan 1974

The Federal Income Tax Effects Of The Missouri Version Of The Uniform Divorce Act, Alan Gunn

Journal Articles

The marital property provisions of the new Missouri divorce law render the tax treatment of property transfers and alimony payments unclear. As to property transfers, the problem is that the new law appears to give the wife an interest in property that previously would have been regarded as belonging to the husband. Since this is so, it is possible to argue that a “transfer” of appreciated property to the wife is part of a “division” of property between “co-owners,” and therefore not taxable. Although transfers of appreciated property in connection with a divorce are usually taxable, divisions of community property …

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Beyond The Best Interests Of The Child, Joanna B. Strauss, Peter Strauss Jan 1974

Beyond The Best Interests Of The Child, Joanna B. Strauss, Peter Strauss

Faculty Scholarship

Identifying just principles for minimizing and resolving disputes over child custody remains one of the law's knots. King Solomon's renowned gambit for resolving the claims of two women to a newborn child was in fact the easy case: only one of the two contenders had a just claim; only one of the two contenders was prepared to be responsible; and in that first of reported cases, the judge had the advantage of surprise. Yet where each potential custodian has a claim, where each is equally prepared (or unprepared) to sacrifice his interests for the child, and where the rules of …

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Evidence--The Admissibility Of Polygraph Test Results In Paternity Cases, Dale F. Sheppard Nov 1973

Evidence--The Admissibility Of Polygraph Test Results In Paternity Cases, Dale F. Sheppard

West Virginia Law Review

No abstract provided.

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Jimenez V. Weinberger, Lewis F. Powell Jr. Oct 1973

Jimenez V. Weinberger, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Cruelty Divorce Under New York's Reform Act: On Repeating Ancient Error, Lee E. Teitelbaum Oct 1973

Cruelty Divorce Under New York's Reform Act: On Repeating Ancient Error, Lee E. Teitelbaum

Buffalo Law Review

No abstract provided.

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Statutory Grandchild Visitation., Duncan Gault Sep 1973

Statutory Grandchild Visitation., Duncan Gault

St. Mary's Law Journal

Abstract Forthcoming.

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Parent's Right To Counsel In Dependency And Neglect Proceedings, Jean Whitaker Sutton Jul 1973

Parent's Right To Counsel In Dependency And Neglect Proceedings, Jean Whitaker Sutton

Indiana Law Journal

No abstract provided.

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Equality For Spouses In Washington Community Property Law—1972 Statutory Changes, Harry M. Cross May 1973

Equality For Spouses In Washington Community Property Law—1972 Statutory Changes, Harry M. Cross

Washington Law Review

In 1972, the Washington Legislature amended Washington's community property laws, granting the wife management powers equal to those of her spouse. Professor Cross examines the impact of the amendments upon existing Washington law, emphasizing expected practical difficulties in community business transactions and transactions involving household goods.

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Meretricious Relationships—Property Rights: A Meretricious Relationship May Create An Implied Partnership—In Re Estate Of Thornton, 81 Wn. 2d 72, 499 P.2d 864 (1972), W. P. F. May 1973

Meretricious Relationships—Property Rights: A Meretricious Relationship May Create An Implied Partnership—In Re Estate Of Thornton, 81 Wn. 2d 72, 499 P.2d 864 (1972), W. P. F.

Washington Law Review

In the early 1950's, decedent separated from his wife and began living with appellant. During the subsequent seventeen years decedent, appellant and their four children operated a cattle ranch in Washington. In 1961 profits from that business were used to purchase property known as the Malo farm in the name of decedent. During the following years, appellant participated both in the decisions concerning the farm's management and in its day-to-day operations. Upon the death of the decedent in 1969, his surviving spouse filed a petition for probate of his will. Thereafter appellant filed a petition alleging a partnership interest in …

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The Presumption Of Legitimacy: A Rebuttle Presumption, Thomas Shuford Apr 1973

The Presumption Of Legitimacy: A Rebuttle Presumption, Thomas Shuford

North Carolina Central Law Review

No abstract provided.

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In Defense Of Youth. By W. Vaughn Stapleton And Lee E. Teitelbaum., Daniel Katkin, Frederick Hussey Apr 1973

In Defense Of Youth. By W. Vaughn Stapleton And Lee E. Teitelbaum., Daniel Katkin, Frederick Hussey

Buffalo Law Review

No abstract provided.

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The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock Apr 1973

The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock

Buffalo Law Review

No abstract provided.

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Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein Apr 1973

Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein

Buffalo Law Review

Holden v. Alexander, 39 App. Div. 2d 476, 336 N.Y.S. 2d 649 (2d Dep't 1972).

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Family Law - Volid V. Volid, Reconsideration Of The Role Of The Antenuptial Agreement In Illinois, Keith Edward Emmons Jan 1973

Family Law - Volid V. Volid, Reconsideration Of The Role Of The Antenuptial Agreement In Illinois, Keith Edward Emmons

Loyola University Chicago Law Journal

No abstract provided.

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Family Law - Illegitimate Children - Denial Of Equal Recovery Rights To Dependent Unacknowledged Illegitimates Under State Workmen's Compensation Statute Violates Equal Protection, E. R. Harding Jan 1973

Family Law - Illegitimate Children - Denial Of Equal Recovery Rights To Dependent Unacknowledged Illegitimates Under State Workmen's Compensation Statute Violates Equal Protection, E. R. Harding

Villanova Law Review (1956 - )

No abstract provided.

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The Ferment In Divorce Legislation, Harvey L. Zuckman, William Fox Jan 1973

The Ferment In Divorce Legislation, Harvey L. Zuckman, William Fox

Scholarly Articles

Marriage as we know it in America is undergoing rigorous re-examination and even hostile attack in the last third of the twentieth century in part because of the doubt expressed in some quarters that this venerable institution meets the psychological and sociological needs of the mass of men and women. And since, as one wag has put it, marriage is the "cause" of divorce, one can expect great ferment in the area of divorce law as well. Such is in fact the case. The legislatures, the prime source of divorce law, after a period of neglect sometimes going back to …

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Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller Jan 1973

Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller

University of Michigan Journal of Law Reform

Effective January 1, 1972, Michigan adopted a no-fault divorce law. Since that time, at least two firms in the Detroit area have gone into the business of providing assistance to people wishing to process their own divorces. These enterprises, which have been dubbed divorce firms or divorce kit firms, have come under heavy attack from the organized bar. The State Bar of Michigan has instituted court proceedings against one firm for the unauthorized practice of law, and a court on its own initiative has already issued an injunction against the other. These cases raise two important issues: whether the divorce …

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Rheinstein: Marriage Stability, Divorce, And The Law, Robert F. Drinan, Michael Wheeler Jan 1973

Rheinstein: Marriage Stability, Divorce, And The Law, Robert F. Drinan, Michael Wheeler

Michigan Law Review

A Book Review of Marriage Stability, Divorce, and the Law by Max Rheinstein

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Kentucky's New Dissolution Of Marriage Law, Thomas W. Miller Jan 1973

Kentucky's New Dissolution Of Marriage Law, Thomas W. Miller

Kentucky Law Journal

No abstract provided.

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A Married Woman's Surname: Is Custom Law?, Julia C. Lamber Jan 1973

A Married Woman's Surname: Is Custom Law?, Julia C. Lamber

Articles by Maurer Faculty

A general awakening of concern for the rights of women has occurred in recent years, and with it the particular problems of married women have been analyzed against a background of centuries of legal and social assumptions. With the impetus of employment discrimination legislation, the proposed equal rights amendment, and litigation raising sex discrimination issues, it is not surprising that many women are actively seeking to retain their pre-marriage names. This movement compels us to re-examine the custom that a woman must assume her husband's surname upon marriage. That such a phenomenon is custom and not law deserves our attention …

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Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark Dec 1972

Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark

West Virginia Law Review

No abstract provided.

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