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Full-Text Articles in Law
Navigating Gender In Modern Intimate Partnership Law, Alicia Kelly
Navigating Gender In Modern Intimate Partnership Law, Alicia Kelly
Alicia B. Kelly
With women edging up to become half the workforce, claims of women’s economic empowerment now abound. But the reality is that gender equality has not been mainstreamed. The truly eye-opening new data is how marginalized and partial many women’s attachment to the labor force continues to be. Simultaneously, another misleading narrative also circulates—that of separateness—of disconnected individualism. In the context of intimate partnership and feminist legal theory, this Article pushes back against these accounts and demonstrates their problematic link. Contrary to the storylines, many women’s lives in fact remain characterized by deep bonds with partners, children, and extended family, and …
Better Equity For Elders: Basing Couples' Economic Relations Law On Sharing And Caring, Alicia Kelly
Better Equity For Elders: Basing Couples' Economic Relations Law On Sharing And Caring, Alicia Kelly
Alicia B. Kelly
This essay considers how to achieve better equity in aging through laws governing couples' economic relations. Focusing on family law's contributions to economic vulnerabilities among older people, I critique contemporary law for its hyper-individualistic conception of intra-couple relationships and also for its too narrow and marriage-centric approach to regulating couples' collaborative economic activities. These deficits contribute to inequalities between men and women and between married and unmarried couples. Modern couple's law frequently disadvantages women by neglecting the value and impacts of sharing and caring behaviors within the family. This helps impoverish women across the life cycle, often acutely affecting older …
Money Matters In Marriage: Unmasking Interdependence In Ongoing Spousal Economic Relations, Alicia B. Kelly
Money Matters In Marriage: Unmasking Interdependence In Ongoing Spousal Economic Relations, Alicia B. Kelly
Alicia B. Kelly
This Article presents a rare exploration of the interactions among money, marriage and law while the relationship is ongoing. Using insights on the relational landscape from the social sciences as a lens, I examine the law’s regulation of spousal economic relations and its account of and potential impact within a functioning marriage. Building on my previous work, my claim is that the law governing money in marriage should be grounded on a distinctive and clarified model of partnership marriage that understands the relationship to be of equal persons who join forces to share the burdens and benefits of a shared …