The defendant's order to show cause, challenging three provisions of a qualified domestic relations order was granted by a New York State Supreme Court judge. In JC v. MC, the defendant challenged three provisions of the QDRO which were not specifically authorized under the parties' in- court stipulation. Judge John Ark reviewed the arguments and the order before granting the relief requested in the defendant's order to show cause and denying the plaintiff's cross-motion.
The judicial lien, in New York and elsewhere, is the very telos of in personam liability in private law. In personam liability stands for the noble proposition that debtors ought to pay. When they don't, the law stands ready, in its fashion, to award a creditor with a judicial lien on the debtor's assets. Its creation is the transubstantive miracle by which mediocre in personam rights apotheosize into in rem right in the debtor's property. Federal bankruptcy law has proved a fearsome competitor to the enforcement of in personam liability outside of bankruptcy. As attractive a competitor as federal bankruptcy law is, it still basically requires the debtor to commence the proceeding. This Article, an installment of an unpleasant but necessary in-depth study of New York judicial liens, exa...
... courts liquidate assets of the debtor in order to "make" the judgment.6 Hence the necessity of th..., an instrument extensively used in domestic and international trade, which because of its uniq... defendant is "a foreign corporation not qualified to do business in the state."952 "Qualified to do ... if JC holds a "qualified domestic relations order."1123 Undoubtedly, New York would have found...
According to the New York State Court of Appeals, a judgment of divorce and qualified domestic relations order awarding an interest in a husband's pension plan do not automatically include preretirement death benefits available under the plan. This was the finding of New York State's highest court in Sandra Kazel v. Susana Corsello Kazel, as Administrator of the Estate of Robert Kazel, Deceased. Specifically, the New York State Court of Appeals held if it was the matrimonial court's intent to distribute such benefits then it should be explicitly stated.
... help to Presidents in times of troubled relations with Congress. It is true that certain pre-Civil ... Islands, contrary to that Government's orders, sought to escape liability by showing that the Ar... suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if ...In New York Times Co. v. United States , the Government sough... Finally, qualified immunity would not adequately protect the Presiden...
... the Politics of International Authority (New York: Routledge, 2008). . Bruce Jones, Carlos Pascual, ... and Responsibility: Building International Order in an Era of Transnational Threats (Washington, DC...International relations theory soon enters uncharted ground--beyond the di... overall, is consideration of states' domestic circumstances (e.g., societal norms and values, el... any one power, not necessarily the most qualified candidate, is selected. If procedures were changed...
... compact is unconstitutional, no court may order relief inconsistent with its express terms. Texas ... The significance of the declarations is qualified, however, for the reasons we have already given, a... States is immune to prescription by a domestic entity. Texas v. Louisiana, 410 U. S. 702 , 714 (... a 1907 amendment to New York's domestic relations law, Ellis Island residents obtained their marriag...
... for the sake of peace, stability of relationship, and so on. This is perhaps how toleration is freq... interfere with a tyrannical society's domestic affairs while it is truly impractical or imprudent... effective internal dissent, etc.) in order to render interference for the sake of reform in t... sense of toleration (unless otherwise qualified). I don't claim that this is the only understandin... Essays on Rawlsian Political Philosophy (New York: Oxford University Press, 2007), part III. . (2.) ...
... have to perform some impossible feat in order to catch up with his fellow runner. . --Dr. Martin... of government interventions in race relations? Does the requirement that government structure it... be visibly open to talented and qualified individuals of every race and ethnicity. All membe...They went to all the New York fire houses in which all this material is coming. ... of suspect apprehension that might make domestic and international security more equitable and effe...
... as the government's official religion in order to gain legitimacy. . The overthrow of the Pahlavi... era fundamentally changed the relationship between state and religion in Iran by thrusting cl...The most qualified and learned mujtahids (seminarians who study Shiit... Constitutional Revolution, 1906-1911 (New York: Columbia University Press, 1996); Shahrough Akhav...; dispatches clerics to preach domestically and abroad Al-Mustafa International $118,426,800 E...
... a set of rules governing inter-state relations, where states were the only actors, to a complex w... choose to ignore the existing international order and to engage in independent decision-making proce...(53) Many entities have qualified as states because they once satisfied the four cri...(142) Phenomena which used to belong to domestic realms are now examined and monitored through the ...4, art. 51. . (64.) New Jersey v. New York, 523 U.S. 767, 787-88 (1998) ("Even as to terra nu...
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