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Articles 1 - 5 of 5
Full-Text Articles in Contracts
Reclaiming The "Creatures Of The State": Contracting For Child Custody Decisionmaking In The Best Interests Of The Family, E. Gary Spitko
Reclaiming The "Creatures Of The State": Contracting For Child Custody Decisionmaking In The Best Interests Of The Family, E. Gary Spitko
Washington and Lee Law Review
No abstract provided.
Customized Marriage, James Herbie Difonzo
Reaffirming No-Fault Divorce: Supplementing Formal Equality With Substantive Change, Erin R. Melnick
Reaffirming No-Fault Divorce: Supplementing Formal Equality With Substantive Change, Erin R. Melnick
Indiana Law Journal
No abstract provided.
Contract Sports, Martha M. Ertman
Contract Sports, Martha M. Ertman
Cleveland State Law Review
I explore ways that the private law of commerce can be imported to the private law of domestic relations to remedy family law's inadequacy and inequality. Existing domestic relations law posits heterosexual marriage as naturally superior to other forms of intimate affiliation, rendering the others (such as cohabitation, same-sex sexuality, and polyamory) unnatural and inferior. As such, it fails to recognize many intimate affiliations. Two examples of bridging the divide between private business law and private family law that I discuss in this essay are cohabitation contracts and Premarital Security Agreements. Importing private business models to domestic relations law has …
Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott
Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott
Faculty Scholarship
Americans have interesting and somewhat puzzling attitudes about the state's role in defining and enforcing family obligations. Most people view lasting marriage as an important part of their life plans and take the commitment of marriage very seriously. Yet any legal initiative designed to reinforce that commitment generates controversy and is viewed with suspicion in many quarters. For example, covenant marriage statutes, which offer couples entering marriage the option of undertaking a modest marital commitment, are seen by many observers as coercive and regressive measures rather than ameliorating reforms.
The law tends to reflect – and perhaps contributes to – …