Law Commons^™

Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky

Brandon Sadowsky

In this paper, I present the current state of child representation in divorce proceedings. I argue that children should be represented in all divorce proceedings. I then consider the best interest and client-directed models of child representation and argue that each model is supported by important intuitions: paternalism and autonomy, respectively. I try to formulate a hybrid model that satisfies both of these intuitions.

Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig

Margaret F Brinig

No abstract provided.

Empirical Work In Family Law, Margaret F. Brinig

Margaret F Brinig

Until fairly recently, researchers have not done much theoretical work on the subject of family law. Although the move towards theoretical work is a positive one, unfortunately, most of the latest reforms in family law have been uninformed by empirical studies. Furthermore, the few empirical studies that have been conducted are replete with intractable problems.

In this essay, Margaret Brinig discusses some of the problems researchers have encountered in their attempts to conduct empirical work in the area of family law. For example, most researchers have used state cross-sectional data for their experiments. Reliance on this type of data can …

United States: Deconstructing The American Family - Developments In Family Law During 1993, Lynn D. Wardle, Margaret F. Brinig

Margaret F Brinig

No abstract provided.

Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig

Margaret F Brinig

To whom do spouses belong? Do they belong to their communities as well as each other and their immediate families? These questions are explored in an empirical paper demonstrating ways in which social capital in communities may affect even the marriages of people living in them.

The Family Franchise: Elderly Parents And Adult Siblings, Margaret F. Brinig

Margaret F Brinig

No abstract provided.

The Role Of Socioeconomics In Teaching Family Law, Margaret F. Brinig

Margaret F Brinig

No abstract provided.

A Maternalistic Approach To Surrogacy: Comment On Richard Epstein's Surrogacy: The Case For Full Contractual Enforcement, Margaret F. Brinig

Margaret F Brinig

No abstract provided.

What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman

Martha M. Ertman

No abstract provided.

The Business Of Intimacy: Bridging The Private-Private Distinction, Martha M. Ertman

Martha M. Ertman

No abstract provided.

Love And Work: A Response To Vicki Schultz's Life's Work, Martha M. Ertman

Martha M. Ertman

No abstract provided.

The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman

Martha M. Ertman

This panel, moderated by Naomi Cahn, included presentations by Martha Ertman, Liza Mundy, and Jonathan Rauch.

Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives Of Interspousal Torts, Fernanda Nicola

Fernanda G. Nicola

Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a …

Sharing Inequality, Alicia B. Kelly

Alicia B. Kelly

No abstract provided.

A Strategy For Teaching Objectivity To The Domestic Relations Student: Utilizing Psychodrama To Explore Attorney Empathy Toward Improving Family Law Outcomes, Bruce L. Beverly

Bruce L. Beverly

The basic domestic relations law course is often taught by the casebook method, with little reference to actual underlying human drama. In order to produce effective advocates, it is necessary for student to be brought out of the sterile case recitation model and into a role where the student experiences, in a controlled and directed fashion, some of the hardships faced by the players in a family law case. This article proposes that, in line with new emphasis on experiential learning and alternate learning styles, one might employ a psychodramatic approach to teaching the domestic relations course, in order to …

Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein

Mary Kate Kearney

No abstract provided.