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Author: Cynthia Lee Starnes Publisher: NYU Press ISBN: 0814725325 Category : Law Languages : en Pages : 236
Book Description
From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But as Cynthia Lee Starnes argues in The Marriage Buyout, alimony is often the only practical tool for ensuring that divorce does not treat today’s primary caregivers as if they were suckers. Her solution is to radically reconceptualize alimony as a marriage buyout. Starnes’s buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right. Her quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, Starnes outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children. Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: a spouse with disparately low earnings isn’t a sucker or a victim dependent on a fixed alimony payment, but rather an equal stakeholder in marriage who is entitled at divorce to share any gains the marriage produced.
Author: Cynthia Lee Starnes Publisher: NYU Press ISBN: 0814725325 Category : Law Languages : en Pages : 236
Book Description
From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But as Cynthia Lee Starnes argues in The Marriage Buyout, alimony is often the only practical tool for ensuring that divorce does not treat today’s primary caregivers as if they were suckers. Her solution is to radically reconceptualize alimony as a marriage buyout. Starnes’s buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right. Her quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, Starnes outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children. Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: a spouse with disparately low earnings isn’t a sucker or a victim dependent on a fixed alimony payment, but rather an equal stakeholder in marriage who is entitled at divorce to share any gains the marriage produced.
Author: Margaret F. Brinig Publisher: Harvard University Press ISBN: 9780674002166 Category : Business & Economics Languages : en Pages : 338
Book Description
This is a systematic account of the law and economics of the American family. It explores the implications of economics for family law--divorce, adoption, breach of promise, surrogacy, prenuptial agreements, custody arrangements--and its limitations, and introduces the idea of covenant to consider the role of love, trust, and fidelity.
Author: Publisher: ISBN: Category : Law Languages : en Pages : 894
Book Description
A "Bar Association number" issued annually in Oct.; in v. 1-18, this no. contains Proceedings of the 42nd-59th annual sessions, 1923-1940 of the Texas Bar Association; in v. 18-26 contains Proceedings of the 1st-9th annual meetings, 1940-1948 of the State Bar of Texas.
Author: Judith G. Greenberg Publisher: West Publishing Company ISBN: Category : Law Languages : en Pages : 1164
Book Description
The Second Edition of Frug's Women & the Law integrates cases with theoretical readings by feminists, social scientists, & historians as well as legal scholars. Organized around the three central topics of work, family, & body, this new edition reflects a multiplicity of feminist stances & critiques.
Author: D. Kelly Weisberg Publisher: Aspen Publishing ISBN: 1543822347 Category : Law Languages : en Pages : 1056
Book Description
Exploring the conflict between respect for privacy and deference to state authority in the context of family law today, each chapter in the Seventh Edition of Modern Family Law: Cases and Materials provides a lens to explore the appropriate role of the state in family decision making and helps equip students to handle current and emerging family law issues. The book features riveting well-edited cases, notes, interdisciplinary materials, and problems that highlight issues of gender, sexualities, race, and class. Integrating legal developments with perspectives from history, psychology, sociology, medicine, and philosophy, this casebook uniquely reflects the full diversity of the modern family, including key updates on marriage equality and parentage issues for LGBT-headed families, the nonmarital family, abortion, adoption, and assisted reproductive technology. New to the Seventh Edition: The latest Supreme Court family law cases (Whole Woman’s Health v. Hellerstedt; Masterpiece Cakeshop; Pavan v. Smith; Sessions v. Morales-Santana), and previews of upcoming cases (June Medical Services v. Gee and Bostock v. Clayton County) In-depth coverage of important recent uniform and model legislation (Uniform Parentage Act (2017); Uniform Nonparent Custody and Visitation Act (2018); pending VAWA Reauthorization Act (2020), ALI Restatement of Children and the Law (2019-2020), and ABA Model Act Governing Assisted Reproduction (2019) Landmark recent state and federal decisions (including LGBT rights, breastfeeding discrimination/accommodations, contraceptive fraud, divorce discrimination, marital paternity presumption, marital communications privilege, abortion restrictions, minors’ abortion rights, name disputes, challenges to state polygamy laws, parentage rights in multi-parent families, spousal spying for infidelity, and much more) Professors and students will benefit from: A mix of “classic” and cutting-edge materials illuminate family law’s past and its continuing development in an era of exciting change Materials—such as narratives, epilogues, personal communications, social science perspectives, and comparative information—bring family law to life and Thoughtfully organized materials clearly present basic principles and doctrines, while inviting policy-based reflections and questions about law reform Provocative questions and Problems based on cases and current events will spark lively class discussions
Author: Carl Schneider Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 1524
Book Description
Invitation to Family Law contains such materials as briefs, literary treatments of marriage, divorce, and parenting, and simulated case files from families involved in the social service system. This work reflects the contrasting backgrounds and interests of the authors including constitutional theory, moral philosophy, and the literary tradition of law, community and family. It also presents law and economics, feminist theory and application of legal theory to many practical family law problems. You'll see the authors' common fascination with history, concern with fairness (and fair treatment of the issues), and genuine love of the subject that motivated this work.
Author: Joan C. Williams Publisher: Harvard University Press ISBN: 0674064496 Category : Social Science Languages : en Pages : 304
Book Description
The United States has the most family-hostile public policy in the developed world. Despite what is often reported, new mothers don't Òopt outÓ of work. They are pushed out by discriminating and inflexible workplaces. Today's workplaces continue to idealize the worker who has someone other than parents caring for their children. Conventional wisdom attributes women's decision to leave work to their maternal traits and desires. In this thought-provoking book, Joan Williams shows why that view is misguided and how workplace practice disadvantages menÑboth those who seek to avoid the breadwinner role and those who embrace itÑas well as women. Faced with masculine norms that define the workplace, women must play the tomboy or the femme. Both paths result in a gender bias that is exacerbated when the two groups end up pitted against each other. And although work-family issues long have been seen strictly through a gender lens, we ignore class at our peril. The dysfunctional relationship between the professional-managerial class and the white working class must be addressed before real reform can take root. Contesting the idea that women need to negotiate better within the family, and redefining the notion of success in the workplace, Williams reinvigorates the work-family debate and offers the first steps to making life manageable for all American families.
Author: Robin Fretwell Wilson Publisher: Cambridge University Press ISBN: 1139458744 Category : Law Languages : en Pages : 499
Book Description
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.
Author: Cynthia Lee Starnes
Author: Cynthia Lee Starnes
Author: Margaret F. Brinig
Author: 
Author: 
Author: Judith G. Greenberg
Author: D. Kelly Weisberg
Author: Carl Schneider
Author: Joan C. Williams
Author: Robin Fretwell Wilson
Author: