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Full-Text Articles in Law

Adultery: Trust And Children, Margaret F. Brinig Mar 2017

Adultery: Trust And Children, Margaret F. Brinig

Margaret F Brinig

Deborah Rhode writes that while adultery is admittedly not good, it should not be criminal. She argues that it should not generate a tort action either, because the original purposes for which the torts of alienation of affections and criminal conversation come from a time with quite different views about marriage and gender, while no-fault and speedy divorce today give adequate remedies to the wronged spouse. Further, adultery should not affect employment (as a politician or in the military) unless it directly impacts job performance.

My own reluctance to disengage adultery and law stems from the seriousness of adultery. First, …


Marry Me, Bill: Should Cohabitation Be The (Legal) Default Option?, Margaret F. Brinig, Steven L. Nock Sep 2016

Marry Me, Bill: Should Cohabitation Be The (Legal) Default Option?, Margaret F. Brinig, Steven L. Nock

Margaret F Brinig

No abstract provided.


The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock Sep 2016

The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock

Margaret F Brinig

Family policy and the law based on it assume universals. That is, if marriage improves the welfare of the majority of couples and their children, it is worth pushing as a policy initiative. Further, laws will be written (or kept on the books) that privilege marriage over other family forms. Similarly, research that tells us that divorce harms children except following the relatively small number of highly conflicted marriages, spawns efforts to preserve troubled marriages or even to roll back liberal or relatively inexpensive divorce laws. With yet another example, since adopted children mostly do better than children left either …


The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig Sep 2016

The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret Brinig, Linda Mcclain May 2014

Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret Brinig, Linda Mcclain

Margaret F Brinig

This essay revisits Mary Ann Glendon’s comparative law study, Abortion and Divorce in Western Law and her subsequent book, Rights Talk: The Impoverishment of Political Discourse. Glendon’s comparative study actually included a third topic: “forms of dependency which are connected with pregnancy, marriage, and child raising.” The topic of dependency has obvious relevance to consideration of intergenerational obligations and the interplay between family responsibility and societal responsibility for addressing dependency needs. A central claim Glendon made in both books is that the U.S. legal tradition is “libertarian,” views individuals as “lone rights bearers,” and exalts the “right to be …


Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton Oct 2013

Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton

Margaret F Brinig

No abstract provided.


Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig Oct 2013

Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock Oct 2013

Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock

Margaret F Brinig

One of the haunting claims of each poor, unmarried mother in Edin and Kefalas' Promises I Can Keep is that at least she can guarantee she will love her child, even though she cannot promise to make a lifelong commitment to a mate. That love, each young mother says, will be a sustaining gift both to her and the child. Similarly, in work done by sociologists McLanahan and Garfinkel to counteract the claim that it was not single parenting that made children's prospects dim, but poverty, sociologists have found that many of the bad effects of single parenting go away …


The Supreme Court's Impact On Marriage, 1967-90, Margaret F. Brinig Oct 2013

The Supreme Court's Impact On Marriage, 1967-90, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


From Family To Individual And Back Again, Margaret F. Brinig Oct 2013

From Family To Individual And Back Again, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig Oct 2013

The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Rings And Promises, Margaret F. Brinig Oct 2013

Rings And Promises, Margaret F. Brinig

Margaret F Brinig

No abstract provided.