Category Archives: Family Law

‘How Much Is The Lost Chance To Reproduce Worth?’

Dov Fox and Jill Wieber Lens, ‘Valuing Reproductive Loss’, 112 Georgetown Law Journal 61 (2023). Since Dobbs was decided, abortion rights advocates have been nervously looking around the legal landscape wondering what doctrinal domino is likely to fall next. At this very charged moment, Professors Dov Fox and Jill Wieber Lens bravely chose to write […]

Shreya Agarwala, ‘When Sharing Isn’t Caring: Children’s Reputations and Sharenting’

ABSTRACT A picture is worth a thousand words … or likes, or dollars. But is it worth a child’s dignity? Social media’s youngest stars, or kidfluencers, grow up in the eyes of the public. As their parents engage in sharenting, or posting one’s child on social media, the kidfluencers lose their privacy, their capacity to […]

Leslie Katz, ‘In Mrs Gaskell’s Wives and Daughters, were Osborne Hamley and Aimée Scherer Lawfully Married?

ABSTRACT In Wives And Daughters, Osborne Hamley and Aimée Scherer participate in marriage ceremonies both in France and in Germany, possibly followed by a marriage ceremony in England. In this paper, I discuss whether either marriage ceremony conducted on the Continent resulted in a marriage that would have been recognised as valid by English courts. […]

Douglas NeJaime, ‘Parents in Fact’

ABSTRACT The Restatement of Law, Children and the Law, protects a child’s relationship with a ‘de facto parent’ – a person who has ‘established a bonded and dependent relationship with the child that is parental in nature’. De facto parent doctrines are part of a broader category of functional parent doctrines that extend parental rights […]

Casey Faucon, ‘Third Parties with Benefits’

ABSTRACT Poly relationships, in which three or more consenting adults share in an intimate or familial-like association, are increasing in number and visibility throughout the United States. Because these relationships are still considered culturally and legally taboo, criminalization and civil prohibitions force those in poly relationships to operate outside of the regulatory and norm-shaping function […]

R McKay White, ‘Access to Justice for Victims of Economic Exploitation’

ABSTRACT Research in intimate partner violence (IPV) has established that economic abuse, including economic exploitation, is an important form of IPV that is often used to trap victims in an abusive relationship. Though victims of all types of IPV encounter particular barriers to accessing justice, there are particular issues for those victimized by economic exploitation. […]

Benito Arruñada, ‘The Roman Familia: A View from the Economics of Property’

ABSTRACT This chapter presents an analytical framework that draws upon the economics of personal and real rights, which helps in understanding the institutions of the Roman familia. The discussion proceeds in four stages. First, it outlines the central tenets of the theory, which regards the formalization of transactions as a critical, secondary, public ‘contractual’ step […]

Leslie Katz, ‘‘“[L]et him now speak, or else hereafter for ever hold his peace”: Jane Eyre and John Marchmont’s Legacy, Two Novels Containing an Aborted Marriage Ceremony’

ABSTRACT In this paper, I compare two men who attempt to marry although already married. In one case, the man is both morally blameless and innocent of crime. In the other, the man is both morally blameworthy and guilty of crime. In both cases I explain why. Katz, Leslie, ‘[L]et him now speak, or else […]

Angie Vega, ‘Companion Animals: a Legislative Proposal to Redefine Their Legal Worth’

ABSTRACT Companion animals are part of today’s American family. And as family members, people spend time and resources to ensure their nonhuman family members are healthy and happy. This emotional connection is increasingly being recognized and has started to permeate some areas of the law. Yet, when a companion animal is killed or injured, they […]

Margaret Ryznar, ‘Robot Romance’

ABSTRACT Romance between a human and robot will pose many questions for the laws that apply to human-robot interaction and, in particular, family law. Such questions include whether humans and robots can marry and what a subsequent divorce might look like. This chapter considers these issues, organized to track the seasons of romantic relationships, such […]