Wed. Apr. 9

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Wed. Apr. 9
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Durfee v Duke(US 1963)
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Clarke v. Clarke (US 1900)
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Fall v Eastin (US 1909)
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Baker v Gen Motors(US 1998)
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• Assume that in Michigan state court General
  Motors had brought a declaratory judgment action
  against the Bakers to determine whether Ewell
  could testify in any suit they might bring. What
  result?

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• African-American applicants to a fire dept sue
  the department
• The court enters a decree for an affirmative
  action program in hiring
• Subsequently white applicants to the fire
  department sue the department challenging the
  program
• Are they precluded?

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Anglo-Am Provision v Davis (US 1903)

• NY ct allowed to refuse suit on foreign judgment
  between 2 foreign corps when judgment arose from
  cause of action arising out of state

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Kenney v Supreme Lodge (US 1920)

• Ill ct refused jurisdiction for suit on Alabama
  wrongful death judgment against an Illinoisan
• basis was statute forbidding actions for death
  outside state

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• Full faith and credit, however, does not mean
  that States must adopt the practices of other
  States regarding the time, manner, and mechanisms
  for enforcing judgments. Enforcement measures do
  not travel with the sister state judgment as
  preclusive effects do such measures remain
  subject to the even-handed control of forum law.

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• Orders commanding action or inaction have been
  denied enforcement in a sister State when they
  purported to accomplish an official act within
  the exclusive province of that other State or
  interfered with litigation over which the
  ordering State had no authority.

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same-sex marriage and full faith and credit
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why arent marriages judgments?
14
Assume all credit card contracts with Citibank
are entered into before a justice of the peace in
South Dakota, which has no anti-usury lawMust
all states recognize the validity of the
contracts, no matter what their usury law is?
15
Assume two Californians get into a marriage in
Louisiana, which has covenant marriage which
does not allow a subsequent divorceThey then
return to CaliforniaIs a California court
prohibited from allowing them to get divorced?
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DOMANo State shall be required to give effect
to any public act, record, or judicial proceeding
of any other State respecting a relationship
between persons of the same sex that is treated
as a marriage under the laws of such other
Stateor right or claim arising from such
relationship.
17
In MA, D (a domiciliary of VA) injures X (a
domiciliary of MA, who is in a same-sex marriage
with P). P sues D in MA and gets a judgment for
loss of consortium.May a VA ct refuse to
recognize the judgment under DOMA?
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Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial
Proceedings of every other State. And the
Congress may by general Laws prescribe the Manner
in which such Acts, Records and Proceedings shall
be proved, and the Effect thereof.
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same-sex divorce
20
Chambers v. Ormiston(R.I. 2007)