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Reconceiving the Family

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

$141.00

Mary Ann Glendon, Robin Fretwell Wilson, Lynn D. Wardle, Scott FitzGibbon, David Meyer, Robert J. Levy, Katharine Baker, Mark Strasser, John Gregory, David Westfall, Marie T. Reilly, June Carbone, Katharine Silbaugh, Katherine Spaht, Margaret F. Brinig, Martha Ertman, Marsha Garrison, Elizabeth Scott, Jane Adolphe, Brian H. Bix, Barbara Stark, Maura Corrigan, Jean Hoefer Toal, John Eekelaar, Patrick Parkinson, Tone Sverdrup, Carl Schneider
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  • Date Published: July 2006
  • availability: In stock
  • format: Hardback
  • isbn: 9780521861199

$141.00
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About the Authors
  • 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.

    • The only comprehensive scholarly appraisal to date on the ALI's undertaking in the Principles to reform the law of marriage and divorce
    • Contributors are prominent scholars of family law in the US and abroad
    • Diversity of perspectives regarding family law
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    Reviews & endorsements

    "The Principles consolidate many of the transformative trends in family law since the 1970's and recommend further, far-reaching changes. This rich collection of essays by so many distinguished judges, practitioners, and scholars, with diverse viewpoints, will surely raise the level of the national conversation about where family law has been, where it is now, and where it ought to be headed."
    --From the Foreword by Mary Ann Glendon , Learned Hand Professor of Law Harvard Law School

    "This is a major contribution to the field of family law as a volume putting the ALI Principles in perspective and providing thoughtful commentary is urgently needed. Without hesitation, I enthusiastically recommend Reconceiving the Family."
    --Claire Huntington, Professor of Law, University of Colorado School of Law

    "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

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    Product details

    • Date Published: July 2006
    • format: Hardback
    • isbn: 9780521861199
    • length: 560 pages
    • dimensions: 262 x 182 x 34 mm
    • weight: 1.166kg
    • availability: In stock
  • Table of Contents

    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.

  • Editor

    Robin Fretwell Wilson, University of Maryland, Baltimore

    Contributors

    Mary Ann Glendon, Robin Fretwell Wilson, Lynn D. Wardle, Scott FitzGibbon, David Meyer, Robert J. Levy, Katharine Baker, Mark Strasser, John Gregory, David Westfall, Marie T. Reilly, June Carbone, Katharine Silbaugh, Katherine Spaht, Margaret F. Brinig, Martha Ertman, Marsha Garrison, Elizabeth Scott, Jane Adolphe, Brian H. Bix, Barbara Stark, Maura Corrigan, Jean Hoefer Toal, John Eekelaar, Patrick Parkinson, Tone Sverdrup, Carl Schneider

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