Full Description
This 2006 book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles'), arguably the most sweeping proposal for family law reform attempted in the US over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal support and domestic partnerships, utilizing a wide range of analytical tools, including economic theory, constitutional law, social science data and linguistic analysis. This volume also includes the perspectives of US judges and legislators and leading family law scholars in the United Kingdom, Europe, Canada and Australia.
Contents
Foreword Mary Ann Glendon; Introduction Robin Fretwell Wilson; Part I. Fault: 1. Beyond fault and no-fault in the law of marital dissolution Lynn D. Wardle; 2. A city without duty, fault or shame Scott FitzGibbon; Part II. Custody: 3. Partners, caregivers, and the constitutional substance of parenthood David Meyer; 4. Custody law and the ALI's principles: a little history, a little policy, and some very tentative judgments Robert J. Levy; 5. Undeserved trust: reflections on the American Law Institute's treatment of de facto 'parents' Robin Fretwell Wilson; Part III. Child Support: 6. Asymmetric Parenthood Katharine Baker; 7. Paying to stay home: on competing notions of fairness and the imputation of income Mark Strasser; Part IV. Property Division: 8. The ALI property division principles: a model of radical paternalism John Gregory; 9. Unprincipled family dissolution: The American Law Institute's recommendations for division of property David Westfall; 10. You and me against the world: marriage and divorce from creditors' perspective Marie T. Reilly; Part V. Spousal Support: 11. Back to the future: the perils and promise of a backward looking jurisprudence June Carbone; 12. Money as emotion and the distribution of wealth at divorce Katharine Silbaugh; 13. Solidifying the 'no-fault' revolution: post modern marriage as seen through the Lens of ALI's 'compensatory payments' Katherine Spaht; Part VI. Domestic Partnership: 14. Domestic partnership and default rules Margaret F. Brinig; 15. Private ordering under the ALI Principles Martha Ertman; 16. Marriage matters: what's wrong with the ALI's Domestic Partnership Proposal Marsha Garrison; 17. Domestic partnership, implied contracts, and law reform Elizabeth Scott; Part VII. Agreements: 18. Premarital agreements in the ALI principles: the move towards abolition of state marriage laws Jane Adolphe; 19. The ALI principles and agreements: seeking a balance between status and contract Brian H. Bix; 20. The principles on agreements and international law Barbara Stark; Part VIII. Judicial and Legislative Perspectives: 21. A formula for fool's gold: the illustrative child support formula in chapter 3 of the American Law Institute's Principles of the Law of Family Dissolution Maura Corrigan; 22. A response to the Principles' Domestic Partnership Scheme Jean Hoefer Toal; Part IX. International Reflections: 23. Individualism and responsibility John Eekelaar; 24. The ALI's past child-caretaking standard in comparative perspective Patrick Parkinson; 25. Economic consequences of divorce: a Scandinavian perspective on the ALI principles Tone Sverdrup; Afterword Carl Schneider.
