Category Archives: Family Law
Morley and Listokin, ‘What Should You Owe Your Ex? A Survey of Attitudes About the Law of Married and Cohabiting Relationships’
ABSTRACT What should you owe your spouse or partner and what should they owe you? We asked 3,000 married and cohabiting American adults what they think their rights and duties in their relationships ought to be, both during their relationships and upon breakup or divorce. We find that although married people broadly support the law […]
Amin, Gholami and Guerriero, ‘Endogenous Kinship Institutions’
ABSTRACT Kinship structures the patterns of human relationships within the family, whereby matrilineal succession is believed to weaken both the males’ authority and their incentives to cooperate. To evaluate this conjecture, we study a society equally split in males and females interested in maximizing the return on their joint investment by selecting property rights shaping […]
Anna Broadmore, ‘Deceit and the Creation of Life’
ABSTRACT The purpose of this chapter is to demonstrate why judicial intervention in cases of reproductive deceit would be internally consistent with existing private law intervention into sexual relationships. It proceeds in five stages. First, the value of reproductive control is identified and compared to other interests that receive direct protection in private law. Second, […]
Appleby and Menon, ‘Trusts in Australia’
ABSTRACT This article provides a brief overview of discretionary family trusts in Australia, outlining their structure, purpose, and role in wealth management. It examines the key taxation features of discretionary family trusts and the advantages they provide in matters of income distribution and asset protection. This article explores the unique characteristics of discretionary family trusts […]
Nila Bala, ‘Children and the Cars that Watch them’
ABSTRACT Parents are turning to autonomous vehicles (AVs) to shuttle their children around, seeing them as a safe and convenient option. AVs promise increased mobility for children, but bring with them unparalleled surveillance risks. As parents embrace in-cabin monitoring and location tracking to enhance safety, they also – often unknowingly – authorize the mass collection, […]
Appleton and Antognini, ‘Abolishing the Family’
ABSTRACT Family law scholarship is replete with calls for reform. Yet gender-, race-, and class-based inequalities within and across families remain intractable. So what if, instead of reforming the family, we abolish it? Abolishing the family might sound like a startling idea for a family-law analysis, especially after decades of efforts to expand the legal […]
Lisa Lopez, ‘An Economic Comparison of Succession Law Systems: Prioritizing Spouses vs Forced Shares For Children and Proposal for a Standards Based Approach to Child Disinheritance’
ABSTRACT In the United States (‘US’), the foundation of succession law is the freedom of disposition. Priority is placed on the testator’s freedom to choose what happens with their property after they die. Thus, laws governing the distribution of property in both testate and intestate situations are aimed at honoring the testator’s intent. In the […]
Sharon Shakargy, ‘De Facto Relationships in Israel’
ABSTRACT This article examines the legal recognition and implications of de facto relationships in Israel, where marriage is governed exclusively by religious law. In response to the lack of civil marriage, three alternative frameworks have emerged: ‘leap marriages’ (civil marriages performed abroad), Spousal Covenants (for citizens without religion), and Reputed Couples (unregistered cohabiting partners recognised […]
Elizabeth Emens, ‘Mainstreaming Parafamily’
ABSTRACT In Parafamily, Chen and Mulligan have managed to cover vast terrain, to catalogue important developments in law, to canvass insights from generations of thinkers, and to propose an ambitious yet pragmatic approach to the laws that govern human relationships, directly and indirectly. They do all this in a relatively short article composed of unusually […]
Kaiponanea Matsumura, ‘The Illusion of Stability in Family Law’
ABSTRACT Stability is universally accepted as a central value in family law. Within the context of adult relationships, stability determines which relationships the law will recognize and support. Within the context of parent-child relationships, stability determines who will be recognized as a parent, whose parental rights will be terminated by the state, and who, among […]