Category Archives: Family Law
‘The Real Housewife of William Blackstone’
Julia Rudolph, ‘William Blackstone, Family Man: New Contexts in Gender, Jurisprudence, and Jamaica’, Law & History Review 1 (2026). William Blackstone is, of course, an omnipresent name for law students and law professors alike. At least once a week during the semester, I teach a Supreme Court opinion that cites the eighteenth-century English jurist’s writings […]
Ágnes Juhász, ‘Intersections of technology and family law: challenges of digital assets in the matrimonial property’
ABSTRACT This study examines the issues that arise from the inclusion of digital assets in matrimonial property law. The primary focus of this study is on European trends, with a particular emphasis on the matrimonial property regimes in place in various European countries. Additionally, the extent to which spouses can deviate from these provisions will […]
Molinari, Giacalone and Ferraris, ‘Relational Access-to-Justice, Smarter Remedies: AI-Supported Resolution in Labour and Family Disputes’
ABSTRACT This article examines how AI-supported tools may improve access to justice in labour and family cases, understood as relational access-to-justice disputes. Rather than treating AI as a substitute for judicial decision-making or expert legal assessment, the paper conceptualises it as an accountable guidance mechanism that helps parties understand procedural options, costs, timeframes, safeguards, and […]
‘The Economics of the Marriage Contract: Theories and Evidence, by Niko Matouschek and Imran Rasul’
Marriage is a natural subject for law & economics scholars. From Gary Becker’s A Treatise on the Family (1981) to Margaret Brinig’s From Contract to Covenant (2000), scholars have expanded our understanding of romantic love by examining it through an economic lens. Some object that bringing law & economics into marriage risks coarsening and cheapening […]
Sam Bannister, ‘Public policy and the Forfeiture Act 1982: assisted suicide, mercy killings and domestic abuse’
ABSTRACT Examines judicial approaches to litigation under the Forfeiture Act 1982 in three policy contexts: assisted suicide, mercy killings and victims of domestic abuse killing their abuser. Considers prima facie application of the forfeiture rule to all unlawful killers and the bar to granting relief for those convicted of murder. € (Westlaw) Sam Bannister, ‘Public […]
Steph Bailey, ‘Coercion and constructive trusts: a blind spot in equity’
ABSTRACT The constructive trust framework governing cohabitation property disputes in England and Wales is structurally ill-equipped to address domestic abuse. Its reliance on inferred intention and financial contribution means that coercive and economic abuse can undermine the evidential foundations of beneficial ownership. Drawing on statutory developments and comparative insights from Australia, this article contends that […]
Güner and Atamer, ‘Reception and development of the Swiss Civil Code in Türkiye: where do we stand in Turkish Family Law after 100 years?’
ABSTRACT This article explores the century-long path of the reception and adaptation of the Swiss Civil Code in Türkiye through the lens of family law, tracing its evolution from the late Ottoman modernization efforts to the legislative overhaul of the 2002 Turkish Civil Code. Adopted by Türkiye in 1926, the Swiss model provided a modern, […]
Kerry Sun, ‘Ahluwalia v Ahluwalia 2026 SCC 16: a new tort of intimate partner violence’
INTRODUCTION In Ahluwalia v Ahluwalia, the Supreme Court of Canada took the unprecedented step of inaugurating a novel ‘tort of intimate partner violence’ targeting coercive control. In giving benediction to this new nominate tort, the judgment charts a creative path for the law of torts in Canada, which will be of interest to Anglo-Commonwealth scholars […]
Eugenia Caracciolo di Torella, ‘Working Parents and the Employment Rights Act 2025: Surely a Question of Care?’
ABSTRACT This article examines the contribution of the Employment Rights Act 2025 to the framework of family-friendly employment rights in the UK. Introduced as part of Labour’s commitment to deliver ‘the biggest upgrade to rights at work for a generation’, the Act aims to strengthen support for working families and improve work–life balance. Whilst the […]
Price and Ali, ‘Broken Circles: Contract Law’s Flawed and Inconsistent Treatment of the Return of Engagement Rings Following a Pre-Marriage Breakup and a Modest Proposal for Reform’
ABSTRACT The question of what jurisprudential model should govern the question of who should be awarded an engagement ring following a failed engagement has vexed courts, wasted judicial resources, resulted in a morass of inconsistent and jurisdictionally varying results, and left parties uncertain and litigious for decades. The question has social, feminist, historical, and economic […]