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9780521861199

Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution

by
  • ISBN13:

    9780521861199

  • ISBN10:

    0521861195

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2006-07-17
  • Publisher: Cambridge University Press

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Summary

This 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 U.S. 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 U.S. judges and legislators and leading family law scholars in the United Kingdom, Europe, Canada and Australia.

Table of Contents

Acknowledgments xi
Foreword xiii
Mary Ann Glendon
List of Contributors
xvii
Introduction 1(8)
Robin Fretwell Wilson
PART ONE. FAULT
Beyond Fault and No-Fault in the Reform of Marital Dissolution Law
9(19)
Lynn D. Wardle
A City without Duty, Fault, or Shame
28(19)
Scott FitzGibbon
PART TWO. CUSTODY
Partners, Care givers, and the Constitutional Substance of Parenthood
47(20)
David D. Meyer
Custody Law and the ALI's Principles: A Little History, a Little Policy, and Some Very Tentative Judgments
67(23)
Robert J. Levy
Undeserved Trust: Reflections on the ALI's Treatment of De Facto Parents
90(31)
Robin Fretwell Wilson
PART THREE. CHILD SUPPORT
Asymmetric Parenthood
121(21)
Katharine K. Baker
Paying to Stay Home: On Competing Notions of Fairness and the Imputation of Income
142(21)
Mark Strasser
PART FOUR. PROPERTY DIVISION
The ALI Property Division Principles: A Model of Radical Paternalism?
163(13)
John DeWitt Gregory
Unprincipled Family Dissolution: The ALI's Recommendations for Division of Property
176(19)
David Westfall
You and Me against the World: Marriage and Divorce from Creditors' Perspective
195(14)
Marie T. Reilly
PART FIVE. SPOUSAL SUPPORT
Back to the Future: The Perils and Promise of a Backward-Looking Jurisprudence
209(25)
June Carbone
Money as Emotion in the Distribution of Wealth at Divorce
234(15)
Katharine B. Silbaugh
Postmodern Marriage as Seen through the Lens of the ALI's ``Compensatory Payments''
249(20)
Katherine Shaw Spaht
PART SIX. DOMESTIC PARTNERSHIP
Domestic Partnership and Default Rules
269(15)
Margaret F. Brinig
Private Ordering under the ALI Principles: As Natural as Status
284(21)
Martha M. Ertman
Marriage Matters: What's Wrong with the ALI's Domestic Partnership Proposal
305(26)
Marsha Garrison
Domestic Partnerships, Implied Contracts, and Law Reform
331(20)
Elizabeth S. Scott
PART SEVEN. AGREEMENTS
The Principles and Canada's ``Beyond Conjugality'' Report: The Move towards Abolition of State Marriage Laws
351(21)
Jane Adolphe
The ALI Principles and Agreements: Seeking a Balance between Status and Contract
372(20)
Brian H. Bix
The Principles on Agreements: ``Fairness'' and International Human Rights Law
392(17)
Barbara Stark
PART EIGHT. JUDICIAL AND LEGISLATIVE PERSPECTIVES
A Formula for Fool's Gold: The Illustrative Child Support Formula in Chapter 3 of the ALI's Principles
409(16)
Maura D. Corrigan
A Response to the Principles' Domestic Partnership Scheme
425(8)
Jean Hoefer Toal
PART NINE. INTERNATIONAL REFLECTIONS
Empowerment and Responsibility: The Balance Sheet Approach in the Principles and English Law
433(13)
John Eekelaar
The Past Caretaking Standard in Comparative Perspective
446(26)
Patrick Parkinson
Compensating Gain and Loss in Marriage: A Scandinavian Comment on the ALI Principles
472(17)
Tone Sverdrup
Afterword: Elite Principles: The ALI Proposals and the Politics of Law Reform 489(18)
Carl E. Schneider
Index 507

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