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Full-Text Articles in Law

Feminism And Child Custody Under Chapter Two Of The American Law Institute's Principles Of The Law Of Family Dissolution, Margaret F. Brinig Oct 2013

Feminism And Child Custody Under Chapter Two Of The American Law Institute's Principles Of The Law Of Family Dissolution, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Promoting Children's Interest Through A Responsible Research Agenda, Margaret F. Brinig Oct 2013

Promoting Children's Interest Through A Responsible Research Agenda, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett Oct 2013

A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett

Margaret F Brinig

Over the past decade, a number of state and local governments have amended land use regulations to permit the accessory dwelling units (“ADUs”) on single-family lots. Measured by raw numbers of reforms, the campaign to secure legal reforms permitting ADUs appears to be a tremendous success. The question remains, however, whether these reforms overcome the well-documented land-use parochialism that has, for decades, represented a primary obstacle to increasing the supply of affordable housing. In order to understand more about their actual effects, this Article examines ADU reforms in a context which ought to predict a minimal level of local parochialism. …


Child Support Guidelines: The Good, The Bad, And The Ugly, Margaret F. Brinig, Douglas W. Allen Oct 2013

Child Support Guidelines: The Good, The Bad, And The Ugly, Margaret F. Brinig, Douglas W. Allen

Margaret F Brinig

Child support guideline systems do more than simply determine the amount of income to be transferred from the noncustodial to the custodial household. They create incentives, one way or another, for spouses to divorce and seek custody and support payments. We examine three cases found in North America, and find that the common method of income shares provides a decent guideline that does not create any perverse incentives for divorce. Percentage-of-obligor-income methods do worse than other systems, and can cause increases in divorce rates for families in which one spouse earns a high income. Finally, the Canadian system, which is …


The Market For Deadbeats, Margaret F. Brinig, F. H. Buckley Oct 2013

The Market For Deadbeats, Margaret F. Brinig, F. H. Buckley

Margaret F Brinig

This article outlines three explanations for why states seek migrants and tests them by references to 1985-90 interstate migration flows. On race-for-the-top theories, states compete for value-increasing migrants by offering them healthy economies and efficient laws. On vote-seeking theories, states compete for clienteles of voters, with some states seeking to attract and some to deter welfare- or tax-loving migrants. On deadbeat theories, states compete for high human capital debtors by offering them a fresh start from out-of-state creditors. Our findings support vote-seeking and deadbeat theories.


Trading At Divorce: Preferences, Legal Rules And Transactions Costs, Margaret F. Brinig, Michael V. Alexeev Oct 2013

Trading At Divorce: Preferences, Legal Rules And Transactions Costs, Margaret F. Brinig, Michael V. Alexeev

Margaret F Brinig

No abstract provided.


Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig Oct 2013

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.


Troxel And The Limits Of Community, Margaret F. Brinig Oct 2013

Troxel And The Limits Of Community, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


The Family Franchise: Elderly Parents And Adult Siblings, Margaret F. Brinig Oct 2013

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 Oct 2013

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 Oct 2013

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.


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.


Covenant And Contract, Steven Nock, Margaret F. Brinig Oct 2013

Covenant And Contract, Steven Nock, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig Oct 2013

Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley Oct 2013

Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley

Margaret F Brinig

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997


Welfare Magnets: The Race For The Top, F. H. Buckley, Margaret F. Brinig Oct 2013

Welfare Magnets: The Race For The Top, F. H. Buckley, Margaret F. Brinig

Margaret F Brinig

Race to the bottom explanations of welfare policies suggest that the power to set welfare payouts should be assigned to the federal government. Such theories predict that states cut benefits levels when faced with an increased demand for welfare from welfare migrants. This Article's econometric study of the determinants of AFDC payouts finds no evidence that states react in this way. This suggests that states should be accorded the power to curtail welfare payments to new arrivals through residency requirements, an issue left as moot in Anderson v. Green.


The Effect Of Transaction Costs On The Market For Babies, Margaret F. Brinig Oct 2013

The Effect Of Transaction Costs On The Market For Babies, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Children's Beliefs And Family Law, Margaret F. Brinig Oct 2013

Children's Beliefs And Family Law, Margaret F. Brinig

Margaret F Brinig

In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.

I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …


Parents: Trusted But Not Trustees Or (Foster) Parents As Fiduciaries, Margaret F. Brinig Oct 2013

Parents: Trusted But Not Trustees Or (Foster) Parents As Fiduciaries, Margaret F. Brinig

Margaret F Brinig

Some fifteen years ago, Elizabeth and Robert Scott wrote an important article making the case that parents could be usefully described using a fiduciary model. This paper explains why their model fits foster parents better than biological or adoptive parents, at least in the sense that Tamar Frankel explains in her new book on fiduciary law.