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Justia Daily Opinion Summaries

South Dakota Supreme Court
September 12, 2020

Table of Contents

Field v. Field

Family Law

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Legal Analysis and Commentary

Law and Non-Legal Entitlements: Kate Manne’s Entitled: How Male Privilege Hurts Women

LESLEY WEXLER

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Illinois law professor Lesley Wexler comments on philosopher Kate Manne’s recent book, Entitled, in which Mann tackles “privileged men’s sense of entitlement” as a “pervasive social problem with often devastating consequences.” Wexler praises Manne’s work as “illuminating” and calls upon lawyers and law scholars to ask how such entitlements might best and safely be challenged and reallocated, and how new more egalitarian entitlements might be generated and enforced.

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South Dakota Supreme Court Opinions

Field v. Field

Citation: 2020 S.D. 51

Opinion Date: September 9, 2020

Judge: Salter

Areas of Law: Family Law

The Supreme Court reversed the circuit court's property division order in this divorce proceeding, holding that the court abused its discretion in excluding farmland Wife purchased with Husband from the marital estate. A relative of Husband sold the farmland at issue to the parties at a discounted purchase price. Because of the discount the circuit court determined that the transfer was a partial gift solely to Husband. Wife appealed, arguing that the circuit court abused its discretion by excluding $1,526,000 of the farm's appraised value from the marital estate. The Supreme Court agreed, holding that the circuit court applied a rule that would conclusively prevent the entire value of the farm from ever being considered marital property regardless of Wife's contributions, and that the rule is in irreconcilable tension with existing decisional law.

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