Category Archives: Family Law

Jill Elaine Hasday, ‘Introduction: Intimate Lies and the Law

ABSTRACT Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate’s bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in […]

Malinda Seymore, ‘Adopting Civil Damages: Wrongful Family Separation in Adoption’

ABSTRACT The Trump Administration’s new immigration policy of family separation at the US/Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, […]

Luke Taylor, ‘Marriage, Work, and the Invention of Family Law in English Legal Thought’

ABSTRACT This article traces the emergence of family law as an autonomous legal domain within English scholarly legal thought. It provides a genealogy of conceptual and taxonomical change spanning a nearly two-hundred-year period via close readings of a range of legal texts beginning with Blackstone’s Commentaries. The article shows how the invention of English family […]

Allison Anna Tait, ‘Trusting Marriage’

ABSTRACT Marriage settlements are back. Complex trusts intended to protect family fortunes were once the centerpiece of wedding planning and family negotiations. In more modern times, these trust-based settlements ceded their popularity to premarital contracting and the prenuptial agreement. But in recent years, new trust forms with unprecedented asset protection features have prompted a resurgence […]

Ellen Gordon-Bouvier, ‘Crossing the boundaries of the home: a chronotopical analysis of the legal status of women’s domestic work’

ABSTRACT Women’s domestic work is largely deemed to be a ‘labour of love’ and lacking any value outside the private family. This reflects an ‘ideology of domesticity’, whereby women’s natural place is deemed to be in an imagined private sphere. In this paper, I examine the status of housework in the context of asserting property […]

‘The Space In Between’

Naomi R Cahn, Revisiting Revocation upon Divorce?, 103 Iowa Law Review 1880 (2018). Professor Naomi Cahn undersells her recent Iowa Law Review article, ‘Revisiting Revocation upon Divorce?’ (‘Revisiting Revocation’), when she concludes it by saying that ‘this Article contributes to the ongoing conversations about the relationship between decedents’ intent, formality, and function in trusts and […]

Dane Weber, ‘Muschinski v Dodds and the Joint Endeavour Principle: The Ephemeral Distinction between Institutional and Remedial’

ABSTRACT The 1985 High Court case of Muschinski v Dodds provided relief by way of a constructive trust when a joint endeavour broke down without attributable blame in circumstances not contemplated by the parties. This has spurred extensive literature on remedial constructive trusts. Unfortunately, there has been a dearth of literature on the relevance of […]

Elizabeth Chloe Romanis, ‘Challenging the “Born Alive” Threshold: Fetal Surgery, Artificial Wombs, and the English Approach to Legal Personhood’

ABSTRACT English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) […]

‘Families, Inc’

Allison Anna Tait, Corporate Family Law, 112 Northwestern University Law Review 1 (2019). From Dallas and Dynasty to Hobby Lobby, NewsCorp, and the First Family, American culture is replete with the successes (and failures) of family businesses. But interestingly, even as family businesses are touted as the ‘backbone’ of the American economy (p 5), they […]

‘Fatal Accidents Act – MoJ moves to rectify the eligibility of cohabitants for bereavement damages’

“This proposal from the Ministry of Justice last week looks to rectify the Fatal Accidents Act 1976 following the Court of Appeal’s 2017 decision in Smith v Lancashire. It seems to have been released in a slightly low-key manner by the MoJ, perhaps because at the heart of it is a need to amend English […]