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Articles 1 - 4 of 4
Full-Text Articles in Law and Economics
Result Inequality In Family Law, Margaret F. Brinig
Result Inequality In Family Law, Margaret F. Brinig
Margaret F Brinig
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 U.S. 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 Article …
Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig
Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig
Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig
Margaret F Brinig
This paper considers whether an amendment to state divorce laws that strengthens its joint custody preference operates as a traditional default rule, specifying what most divorcing couples would choose or as a penalty default rule the parties will attempt to contract around.
While the Oregon statutes that frame our discussion here, like most state laws, do not state an explicit preference for joint custody, shared custody is certainly encouraged by Section 107.179, which refers cases in which the parties cannot agree on joint custody to mediation and by Section 107.105, which requires the court to consider awarding custody jointly. In …
"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig
"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig
Margaret F Brinig
No abstract provided.