Reconceiving the Family (eBook, PDF)

Critique on the American Law Institute's Principles of the Law of Family Dissolution
Redaktion: Wilson, Robin Fretwell

• Format: PDF

Produktbeschreibung

This 2006 book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles'), arguably the most sweeping proposal for family law reform attempted in the US over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal support and domestic partnerships, utilizing a wide range of analytical tools, including economic theory, constitutional law, social science data and linguistic analysis. This volume also includes the perspectives of US judges and legislators and leading family law scholars in the United Kingdom, Europe, Canada and Australia.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 17. Juli 2006
• Englisch
• ISBN-13: 9780511223181
• Artikelnr.: 38201859

Autorenporträt

Robin Fretwell Wilson is an Associate Professor of Law at the University of Maryland School of Law. She is the co-editor of a forthcoming volume entitled The Handbook of Children, Culture Violence (Sage Publications, 2005) and has published articles on the risks of abuse to children in the Cornell Law Review, the Emory Law Journal, the San Diego Law Review, and the Journal of Child and Family Studies. Professor Wilson has testified on the use of social science in legal decision-making in Joint Hearings before the Federal Trade Commission and Department of Justice. A member of the Executive Committee of the Family and Juvenile Law Section of the Association of American Law Schools, Professor Wilson frequently lectures on violence to children, including presentations at the Family Law Project by Harvard University Law School and Yale University's Edward Zigler Center for Child Development and Social Policy.

Inhaltsangabe

Foreword Mary Ann Glendon; Introduction Robin Fretwell Wilson; Part I.
Fault: 1. Beyond fault and no-fault in the law of marital dissolution Lynn
D. Wardle; 2. A city without duty, fault or shame Scott FitzGibbon; Part
II. Custody: 3. Partners, caregivers, and the constitutional substance of
parenthood David Meyer; 4. Custody law and the ALI's principles: a little
history, a little policy, and some very tentative judgments Robert J. Levy;
5. Undeserved trust: reflections on the American Law Institute's treatment
of de facto 'parents' Robin Fretwell Wilson; Part III. Child Support: 6.
Asymmetric Parenthood Katharine Baker; 7. Paying to stay home: on competing
notions of fairness and the imputation of income Mark Strasser; Part IV.
Property Division: 8. The ALI property division principles: a model of
radical paternalism John Gregory; 9. Unprincipled family dissolution: The
American Law Institute's recommendations for division of property David
Westfall; 10. You and me against the world: marriage and divorce from
creditors' perspective Marie T. Reilly; Part V. Spousal Support: 11. Back
to the future: the perils and promise of a backward looking jurisprudence
June Carbone; 12. Money as emotion and the distribution of wealth at
divorce Katharine Silbaugh; 13. Solidifying the 'no-fault' revolution: post
modern marriage as seen through the Lens of ALI's 'compensatory payments'
Katherine Spaht; Part VI. Domestic Partnership: 14. Domestic partnership
and default rules Margaret F. Brinig; 15. Private ordering under the ALI
Principles Martha Ertman; 16. Marriage matters: what's wrong with the ALI's
Domestic Partnership Proposal Marsha Garrison; 17. Domestic partnership,
implied contracts, and law reform Elizabeth Scott; Part VII. Agreements:
18. Premarital agreements in the ALI principles: the move towards abolition
of state marriage laws Jane Adolphe; 19. The ALI principles and agreements:
seeking a balance between status and contract Brian H. Bix; 20. The
principles on agreements and international law Barbara Stark; Part VIII.
Judicial and Legislative Perspectives: 21. A formula for fool's gold: the
illustrative child support formula in chapter 3 of the American Law
Institute's Principles of the Law of Family Dissolution Maura Corrigan; 22.
A response to the Principles' Domestic Partnership Scheme Jean Hoefer Toal;
Part IX. International Reflections: 23. Individualism and responsibility
John Eekelaar; 24. The ALI's past child-caretaking standard in comparative
perspective Patrick Parkinson; 25. Economic consequences of divorce: a
Scandinavian perspective on the ALI principles Tone Sverdrup; Afterword
Carl Schneider.