Question: consideration in any decision - making process, but especially when courts resolve disputes, because resolving one dispute may set a precedent for future cases. As
consideration in any decisionmaking process, but especially when courts resolve disputes, because resolving one dispute may set a precedent for future cases.
As your book notes, there is one case, Brien, in which a court concluded that a medical degree was copsidered property as that term is used in the New York statute about division of marital propesy in a divorce. That court acknowledged that the traditional common law property concepts those you identified in Part above do not fit this situation but concluded that the husband's medical degree was a thing of value acquired during the marriage and thus was subject to distribution as marital property. In your view, which outcome, Graham or Brien, sets the better precedent? State your view in the first sentence, and then explain your rationale.
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