Reconceiving the family : critique on the American Law Institute's Principles of the law of family dissolution / edited by Robin Fretwell Wilson.

Format:

Book

Contributor:

Wilson, Robin Fretwell, editor.

Language:

English

Subjects (All):

Divorce--Law and legislation--United States.

Divorce.

Divorce--Law and legislation.

United States.

Custody of children--United States.

Custody of children.

Child support--Law and legislation--United States.

Child support.

Child support--Law and legislation.

Equitable distribution of marital property--United States.

Equitable distribution of marital property.

Divorce settlements--United States.

Divorce settlements.

Physical Description:

1 online resource (xviii, 542 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2006.

System Details:

text file

PDF

Summary:

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.

Contents:

Beyond fault and no-fault in the reform of marital dissolution law / Lynn D. Wardle

Acity without duty, fault or shame / Scott FitzGibbon

Partners, caregivers, and the constitutional substance of parenthood / David D. Meyer

Custody law and the ALI's principles : a little history, a little policy, and some very tentative judgments / Robert J. Levy

Undeserved trust : reflections on the ALI's treatment of de facto "parents" / Robin Fretwell Wilson

Asymmetric parenthood / Katharine K. Baker

Paying to stay home : on competing notions of fairness and the imputation of income / Mark Strasser

The ALI property division principles : a model of radical paternalism? / John DeWitt Gregory

Unprincipled family dissolution : the ALI's recommendations for division of property / David Westfall

You and me against the world : marriage and divorce from creditors' perspective / Marie T. Reilly

Back to the future : the perils and promise of a backward looking jurisprudence / June Carbone

Money as emotion and the distribution of wealth at divorce / Katharine B. Silbaugh

Postmodern marriage as seen through the lens of ALI's "compensatory payments" / Katherine Shaw Spaht

Domestic partnership and default rules / Margaret F. Brinig

Private ordering under the ALI principles : as natural as status / Martha M. Ertman

Marriage matters : what's wrong with the ALI's domestic partnership proposal / Marsha Garrison

Domestic partnership, implied contracts, and law reform / Elizabeth S. Scott

The principles and Canada's "beyond conjugality" report : the move towards abolition of state marriage laws / Jane adolphe

The ALI principles and agreements : seeking a balance between status and contract / Brian H. Bix

The principles on agreements "fairness" and international human right law / Barbara Stark

A formula for fool's gold : the illustrative child support formula in chapter 3 of the ALI's Principles / Maura D. corrigan

A response to the principles' domestic partnership scheme / Jean Hoefer Toal

Empowerment and responsibility : the balance sheet approach in the principles and English law / John Eekelaar

The past caretaking standard in comparative perspective / Patrick Parkinson

Compensating gain and loss in marriage : a Scandinavian comment on the ALI principles / Tone Sverdrup.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511617706

Access Restriction:

Restricted for use by site license.