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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 …
Actualizing Intimate Partnership Theory, Alicia Kelly
Actualizing Intimate Partnership Theory, Alicia Kelly
Alicia B. Kelly
This article offers concrete ways to modernize and advance existing laws governing the economics of couple relationships through fuller development and implementation of a “partnership of equals” theory. This is much needed because contemporary law does not adequately protect against financial vulnerabilities produced by partnering, and does not fairly share its benefits. As a result, law contributes to inequalities across a range of groups: between men and women; between cohabitants and married couples; and between same sex and opposite sex couples. Accordingly, I recommend a shift in law's foundation and application. Couple's law should be based on economic sharing behavior, …
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 …