Category Archives: Family Law

Yehezkel Margalit, ‘Temporary Marriage – A Comparison of the Jewish and Islamic Conception’

Abstract The Jewish marriage differs from the Catholic Christian marriage, which is an institution surrounded by the halo of a holy sacrament that cannot be nullied. It also differs from the Islamic marriage, which is closer to a legal agreement than to a sacrament, wherein the husband alone may annul the marriage, either unilaterally or […]

Brian Bix, ‘Agreements in American Family Law’

Abstract Family law historically, and still today, remains a paradigm of status rather than contract. Many family law obligations and rights are connected to a status that is either not chosen (for example, child) or a status whose holder has no or limited power to alter the package of rights and duties once the role […]

Kate Galloway, ‘The Influence of the Sexual Contract on the Law’s Distribution of Property in Intimate Relationships’

Abstract This is a video of a paper given at the Sexual Contract: 30 Years On conference held in the Law School, Cardiff University on 10-11 May 2018. This paper was part of Panel 1: The Marriage Contract, chaired by Kathryn McNeilly. The PowerPoint slides accompanying the paper are available as a separate file. Despite […]

Emily Stolzenberg, ‘The New Family Freedom’

Abstract In family law, ‘autonomy’ has traditionally meant freedom from state interference in one’s intimate life. This Article describes an emergent, libertarian vision of autonomy as property rights that also demands freedom from other family members. This conception, ‘choice about obligations’, holds redistribution of resources between intimates to be illegitimate unless the richer party ‘chose’ […]

Michael Higdon, ‘The Quasi-Parent Conundrum’

Abstract Although family law is very much concerned with legal parentage and its attendant rights, children are much more concerned with maintaining relationships with those who care for them, regardless of whether that person is a legal parent or merely someone functioning as one. What happens though if the child’s legal parent attempts to banish […]

‘The Story of Parenthood’

Douglas NeJaime, The Nature of Parenthood, 126 Yale Law Journal 2260 (2017). Professor Douglas NeJaime’s article, The Nature of Parenthood, unites concepts, ideas, bodies of law, and legal subjects that have largely been viewed in isolation – until now. The ‘first comprehensive account of contemporary regulation of parental recognition in the context of ART [alternative […]

Katy Barnett, ‘Thorne v Kennedy: A Thorn in the Side of “Binding Financial Agreements”?’

Abstract A discussion of the High Court of Australia’s recent decision in Thorne v Kennedy with reference to the three vitiating factors discussed by the High Court: duress, undue influence and unconscionable conduct. It is suggested that the High Court left unclear the status of lawful act duress, and the overlap between duress and actual […]

Hannah Roggendorf, ‘Indefeasible Family Rights: A Comparative View on the Restrictions of Testamentary Freedom’

Abstract Testamentary freedom and family protection in succession law are often described as contradictory principles. Nonetheless, in most European legal systems both principles coexist. This article focuses on three conceptions of this coexistence: legal rights in Scotland, compulsory portion in Germany and family provision in England. All three systems must accommodate changing values of family […]

‘On the Way To and From Marriage’

Adam J Hirsch, Inheritance on the Fringes of Marriage, 2018 University of Illinoi Law Review 235. Imagine that you are engaged to be married but die shortly before the wedding. You do not have a will. Should your fiancé be entitled to a share of your estate? Imagine instead that shortly after your engagement, you […]

Dov Fox, ‘Making Things Right When Reproductive Medicine Goes Wrong: Reply to Robert Rabin, Carol Sanger, and Gregory Keating’

Abstract Why does US law turn a blind eye when OB/GYN docs foist unwanted procreation? Or when fertility clinics deny parenthood to those desperate to form a family? Or when sperm banks disrupt plans for offspring with particular genetic traits? This is a reply to three critiques of my essay on ‘Reproductive Negligence’, 117 Columbia […]