20 Lewis & Clark L. Rev. [i] (2016-2017)

handle is hein.journals/lewclr20 and id is 1 raw text is: 







Lewis & Clark



Law Review

  VOLUME   20                       2016                         NUMBER I



ARTICLES

Gradual  Marriage
    Jessica Feinberg..........................         .......................1
        The   time has  come  to  reform  the law governing  marriage. In
        determining  the rights and obligations between spouses arising from
        marriage, current law does not adequately account for the way in which
        spousal  behaviors and expectations change  over  the course of a
        marriage. With  regard to intact marriages, under the existing legal
        framework,  the spousal rights and obligations enjoyed by couples in
        intact marriages arise all at once-at the moment a couple is granted a
        marriage license-and do not change as the years of marriage pass or as
        children are born to the marriage. In terms of dissolving marriages,
        with few exceptions, all marriages are subject to the same broad, default
        rules for determining post-dissolution spousal rights and obligations
        without  regard to the length of the marriage  or the presence  of
        children within  the marriage. Moreover, the substantial discretion
        granted  to judges in the marital-dissolution context often leads to
        unpredictable and inconsistent results. Perhaps as a result of the law's
        problematic approach  to determining spousal rights and obligations,
        marriage rates have declined significantly over the past several decades
        and  the institution of marriage has come to occupy an increasingly
        perilous place in U.S. society. This Article sets forth a comprehensive
        proposal for an improved legal framework governing marriage that is
        based  upon  the concept  of spousal rights and obligations arising
        gradually over the course of a marriage. Under the proposed system,
        various marriage levels would be established, each providing a package
        of  spousal rights and obligations tailored to marriages that have
        reached  that particular level under the default rules. Ascension among
        the levels would be based primarily upon the length of the marriage
        and  the presence of children within the marriage, factors that play a
        strong   role  in  shaping   spousal  conduct   and   expectations.
        Implementation   of  the proposal  would  result in a  significantly
        improved  legal framework governing marriage.

It's Time to Blow the Whistle on Performance   Enhancing  Drugs
    Joshua D. Winneker............................................. 55
         Performance enhancing  drug (PED) use is nothing new to the four
         major sports leagues in the United States. Nonetheless, these sports
         leagues struggle to manage PED use because it is a topic that must be
         negotiated and finalized in a collective bargaining agreement (CBA),
         by the players and the league. Players have consistently resisted the
         inclusion of stringent drug testing in CBAs for fear of the stigma

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