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$Research paper thumbnail of Families Now: What We Don\u27t Know Is Hurting Us$

Signs: Journal of Women in Culture and Society, 1976

Minn. L. Rev., 1991

Ric: A NEw AMERICAN AGENDA FOR CHILDREN AND FAMILIES 21 (1991) [hereinafter COMMISSION REPORT]. 8... more Ric: A NEw AMERICAN AGENDA FOR CHILDREN AND FAMILIES 21 (1991) [hereinafter COMMISSION REPORT]. 8. Id. at 21-22. 9. Id at 22. 10. Id. 11. Id. 12. See, e.g., Kirchberg v. Feenstra, 450 U.S. 455, 459-61 (1981) (striking down a statute that gave a husband the unilateral right to dispose of community property without his wife's consent); Orr v. Orr, 440 U.S. 268, 279-80 (1979) (stating that statutes that make gender-based classifications resting upon outdated concepts of the proper roles of husband (breadwinner) and wife (homemaker) are invalid). 13. See, e.g., N.Y. DOM. REL. LAW § 32 (McKinney 1988).

Cornell Law Review, 2015

Although the European nations that settled America shared the Christian ideal of marriage, their ... more Although the European nations that settled America shared the Christian ideal of marriage, their legal systems differed. The common law prevailed in England, and the civil law prevailed on the continent.' Thus, the colonists brought to the new world either of two marital regimes, 2 grounded on the same ideal but in disagreement as to the treatment of wives. Three centuries later, the ideal has been eroded and the disagreement compromised. This Article traces the development of today's American marital regimes as they converged and came to eschew moral stands, examines their deficiencies, and proposes a number of reforms. I THE IDEAL AND THE DISAGREEMENT To both the civil 3 and common law systems marriage was the "

Constitutional commentary, 1987

Rutgers Law Review, 1988

Page 1. PERSPECTIVES ON ANTENUPTIAL AGREEMENTS Judith T. Younger* I. Introduction 1059 II. The Di... more Page 1. PERSPECTIVES ON ANTENUPTIAL AGREEMENTS Judith T. Younger* I. Introduction 1059 II. The Differences Between Antenuptial Agree-ments and Ordinary Contracts 1061 III. Changing the Ordinary Rules 1062 IV. ...

The Catholic lawyer, 2017

Mrs. Jacobs is quoting Dr. Philip M. Hauser. She agrees with him, saying "[Tihe presence of great... more Mrs. Jacobs is quoting Dr. Philip M. Hauser. She agrees with him, saying "[Tihe presence of great numbers of people gathered together should not only be frankly accepted as a physical fact. It follows that they should also be enjoyed as an asset and their presence celebrated. Id. at 221. ,0 ARISTOTLE, POLICS, 288 (Modern Library ed.).

Hofstra Law Review, 1993

The modem American marriage, divorce, and family look very different from those of twenty-five ye... more The modem American marriage, divorce, and family look very different from those of twenty-five years ago.' So does the law governing them. I trace my first inkling of impending change to 1966 when I met Sidney and Walter Siben, in whose honor this speech is given. Their firm, Siben & Siben, was substituted into a matrimonial action in which my firm was representing the defendant-husband. The Sibens came into the case for the plaintiff-wife. She was asking for a separation on the ground of cruel and inhuman treatment. The husband counterclaimed for divorce on the basis of the wife's alleged adultery with the local undertaker. The husband, an engineer, had tapped his home telephone. The wife spent much of the day in telephone conversations with friends, during which she said some compromising things. Under New York law, the telephone tapes were admissible2 and the husband could call his wife to the stand.3 A trial was bound to be nasty and posed risks for both sides. If the hu...

Law and Inequality, 2008

The author, drawing on Socrates, examines the law school curriculum. She starts from the premise ... more The author, drawing on Socrates, examines the law school curriculum. She starts from the premise that the unexamined curriculum is not worth teaching. She launches an experiment in integration between her first-year Property course and her elective Family law course, comparing Indian land transactions to marital agreements. There is a surprising confluence that leads her to recommend a more integrated law school curriculum to yield more insights and enlighten students about how the law fits together into a seamless web despite curricular boxes.

BOOK REVIEWS 173 under review necessarily digresses, and marvelously so. From the outset, America... more BOOK REVIEWS 173 under review necessarily digresses, and marvelously so. From the outset, American constitutional law has been a contact sport, and all fact-mongers can look forward to the early completion of this series. However, at the risk of seeming churlish, I must point out two errors in the commentary, one non clericale privilegium, the other trivial. To write "The Senate ratified the Jay Treaty on June 24, 1795" (p. 781) is really inexcusable, particularly since later in the same footnote Washington's reluctance to ratify was pointed out. The second, which only those who have read the state debates on the ratification of the Constitution would catch, is in the brief biography of Richard Henry Lee of Westmoreland County, Virginia, namely, the assertion that he opposed the ratification in the Virginia Convention. In fact, "Mr. Lee of Westmoreland" was the federalist hatchet-man who specialized in flaying Patrick Henry. He voted for the Constitution; another of the ubiquitous Lees, "H. Lee of Bourbon," voted against. 13 But all in all an outstanding contribution to scholarship.