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

ISBN-13: 9780521861199 / Angielski / Twarda / 2006 / 564 str.

Baltimore) Robin Fretwell Wilson (University of Maryland

Opis

This book provides a critical examination of ALI's Principles of the Law of Family Dissolution.

Recenzje

"This book is important and timely. The subject matter is of enormous significance. Not only has the American family been undergoing almost revolutionary reconfigurations over the past generation, public opinion about the ways in which law should reflect these changes has also shifted rapidly. The American Law Institute focused its enormous talents on developing Principles of the Law of Family Dissolution and carefully considered all of the significant questions raised by these changing family forms. The contributors to this volume broadly examine issues contained in the Principles which are sufficiently weighty and complicated that they must be discussed from multiple perspectives."
Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law, New York University School of Law

Spis treści

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.