Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Result Inequality In Family Law, Margaret Brinig
Result Inequality In Family Law, Margaret Brinig
Journal Articles
To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the US Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.
This presentation …
Feminism And Child Custody Under Chapter Two Of The American Law Institute's Principles Of The Law Of Family Dissolution, Margaret F. Brinig
Feminism And Child Custody Under Chapter Two Of The American Law Institute's Principles Of The Law Of Family Dissolution, Margaret F. Brinig
Journal Articles
The Chief Reporter of the American Law Institute's Principles of the Law of Family Dissolution wrote in his introduction; "Children are necessarily at the heart of any set of principles of family law." My favorite chapter of the Principles is Chapter Two, entitled "Principles Governing the Allocation of Custodial and Decisionmaking Responsibilities for Children." As of this writing, Chapter Two holds the distinction of being the only portion to have been adopted by a state legislature. While other Chapters had Reporters who were women, Chapter Two not only had a feminist Reporter, but the "allocation principle" that forms the substantive …