The ALI Principles: A Farewell to Fault—But What Remedy for the Egregious Marital Misconduct of an Abusive Spouse?

The fundamental premise of this commentary is that the ALl has erred in not including appropriate nonfinancial fault-based factors in the Principles for three major reasons: 1) other no-fault laws, including no-fault automobile insurance law, no-fault workers compensation law, and strict liability in tort law, have all incorporated a number of fault-based exceptions to their general no-fault framework for serious or egregious conduct, and American divorce law should likewise have a similar fault-based exception for serious or egregious marital misconduct; 2) a substantial number of states continue to recognize and utilize a number of fault-based statutory factors in divorce for serious and egregious marital misconduct, and these state courts generally have applied such fault-based remedies in a realistic and responsible manner; and 3) alternative tort or criminal law remedies for serious and egregious marital misconduct have proven to be inadequate legal remedies in theory and practice. Accordingly, this commentary will conclude that fault-based factors for egregious marital misconduct should be retained, or should be seriously reconsidered, by any state legislature that is considering legislative adoption of the ALI Principles

The weekend effect on the Johannesburg stock exchange

Bibliography: leaves 97-100.The study of intraweek share return patterns has received considerable attention in the field of international research. This research has shown that share returns tend to be higher than average on the last trading day of the week and lower than average on the first. This anomaly has come to be known as the Weekend Effect. Explanations proffered for this phenomenon have failed adequately to justify the pattern of returns across the weekdays. These explanations include settlement period delays, dividend effects, measurement error in share prices, institutional features and the tendency for firms to release unfavourable information over the weekend. This study investigates day of the week effects on returns of the All Share Index, Industrial Index and Gold Index on the Johannesburg Stock Exchange

Grains research and Development Corporation Project DAW 246F Auspac 93 Extension Conference

In October 1993 I attended the inaugural Australasia-Pacific Extension Conference in Queensland, Reports on the Conference and post Conference tour are attached to report on the travel grant

Mark I Role Model and Inspiring Catalyst : Some Characteristics from a Perspective of Four Decades

L'impact de Raoul Blanchard sur la pensée géographique au Canada peut être résumé selon cinq catégories : 1 ) un semeur d'idées géographiques lors de ses visites régulières dans un pays qu'il aima profondément; 2) le pourvoyeur d'une méthodologie tangible pour les étudiants et collègues du Québec ; 3) un régionaliste qui transplanta une approche acquise de son mentor avec sa propre technique de synthèse; 4) un homme qui a réussi à construire un réseau d'information et un style de communication remarquable; et 5) un philosophe malgré lui, qui embrassa et combina de nombreuses épistémologies déclarant néanmoins qu'il les rejetait toutes. Les trois mille pages sur le Canada écrites par Blanchard représentent un ensemble érudit, fiable et très lisible pour la première génération de la géographie canadienne-française (Mark I). Il fut un catalyseur, un inspirateur et mon ami personnel ainsi que celui de beaucoup de ses contemporains, mais chose plus importante, il fut un géniteur prométhéen pour les géographes canadiens des deuxième et troisième générations.Raoul Blanchard's impact on geographic thought in Canada can be summarized in five major categories: 1) a methodical seeder of geographic ideas during regular visits in a land which he loved ; 2) a provider of a tangible methodology to colleagues and students in Québec ; 3) a regionalist who transplanted the approach acquired from his mentor and fused it with his own individual synthesizing technique; 4) a networker who possessed a remarkable personal style of communication; and 5) a philosopher malgré lui who embraced and intertwined a number of epistemologies and stated that he rejected them all. Blanchard's three thousand plus pages on Canada constitute a scholarly, reliable, and readable base for first generation Canadian (Mark I) francophone geography. He was an inspiring catalyst and personal friend of the author and many of his contemporaries, and more importantly a Promethean progenitor to second and third generation Canadian geographers

Judicial Rationales in Insurance Law: Dusting Off the Formal for the Function

The purpose of this Article is to demonstrate that there is indeed a great deal of method within this apparent judicial \u27hiadness if one properly understands and appreciates the two competing theories of Judicial Formalism versus Judicial Functionalism in an insurance law context. And with a proper understanding of these two competing judicial theories, numerous apparent inconsistencies in insurance law decisions may be reconciled within each particular theoretical framework. Accordingly, this Article will present a general overview of these two competing theories of American jurisprudence, and then discuss their conflicting applications in various insurance law decisions by utilizing a number of specific insurance law examples for illustrative purposes. The central theme of this Article is that, in an insurance law context at least, Legal Formalism today is far from a dead issue and may in fact be in a resurgence, while Legal Functionalism, as exemplified by the doctrine of reasonable expectations, may be experiencing a more limited application in many courts today than various commentators had originally predicted. The resulting conclusion of this Article, therefore, is that it is not enough to know the law of insurance. One must also know the judge

Techniques of Legal Drafting: A Survival Manual

The charge that we lawyers cannot write plain English is often supported by the quality of our legal documents. Legal drafting has aspects of complexity and precision not found in the great bulk of writing with which pre-law students are familar. Yet the traditional apprentice method for training competent legal draftsmen has failed either because the typical young lawyer has been apprenticed to the wrong master or because the law schools have been unable to provide enough competent ones. This lack of a proper emphasis on legal drafting skills in America is demonstrated by the fact that of the four authors of current treatises on legal drafting, only one is an American

Proposed Legislation: A (Second) Modest Proposal to Protect Virginia Consumers Against Defective Products

The purpose of this article is to suggest a viable, necessary, and eminently reasonable legislative alternative that the Virginia General Assembly should enact for legitimate and pressing public policy reasons in order to properly protect Virginia consumers from defective and unreasonably dangerous consumer products.Adopting this alternative would bring the Commonwealth of Virginia into the mainstream of twenty-first century American, and transnational, products liability law

Products Liability Tort Reform: Why Virginia Should Adopt the Henderson-Twerski Proposed Revision of Section 402A Restatement (Second) of Torts

Over the past three decades, literally thousands of American products liability judicial opinions have explicitly referred to, and analyzed, section 402A of the Second Restatement of Torts. At least thirty-four states have judicially adopted section 402A, and five other states have passed specific statutes adopting the section.3 Since the landmark products liability case of Greenman v. Yuba Power Products,Inc.4 in 1963, at least forty-five states have now adopted some form of strict liability in tort remedy in American products liability actions.5 Only Virginia and four other states do not recognize a strict liability in tort remedy applied to state prod- ucts liability actions.\u2

Divorce Planning in Antenuptial Agreements: Toward a New Objectivity

Within the past fifty years, there have been numerous articles written about the validity and enforceability of antenuptial agreements. Such agreements 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\u27s property or in each other\u27s estate by reason of their impending marriage. Traditionally, this antenuptial agreement is typically made by older people who are about to be remarried, and who have acquired considerable property from a prior marriage that they wish to control