Category Archives: Family Law

‘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 […]

Lucy-Ann Buckley, ‘Autonomy and prenuptial agreements in Ireland: a relational analysis’

Abstract Unlike England and Wales, Ireland has not yet moved from the traditional common law rejection of prenuptial agreements. Nevertheless, similar policy concerns continue to be debated in both jurisdictions, particularly regarding the balance between autonomy and fairness concerns, and gender equity. In 2007, an Irish ministerial Study Group recommended limited recognition of prenuptial agreements, […]

Pip Coore, ‘The contractualisation of care in an ageing world’

Abstract We will all, at some point in our lives, care for an ill or disabled loved one, or need care ourselves (Herring 2013, Carers UK 2014). As the global population ages, the number of people affected by age-related illnesses requiring on-going, extended care will dramatically increase (Alzheimer’s Australia 2006). Currently, limited places in aged […]

Dailey and Rosenbury, ‘The New Law of the Child’

Abstract This Article sets forth a new paradigm for describing, understanding, and shaping children’s relationship to law. The existing legal regime, which we term the ‘authorities framework’, focuses too narrowly on state and parental control over children, reducing children’s interests to those of dependency or the attainment of autonomy. In place of this limited focus, […]

Courtney Joslin, ‘Discrimination In and Out of Marriage’

Abstract The Supreme Court’s decision in Obergefell v Hodges marks a tremendous victory for lesbian, gay, bisexual, and transgender people. Some scholars suggest, however, that in addressing one form of discrimination, the Court derailed efforts to dismantle another – the privileging of marriage over nonmarriage. By excavating the forgotten history of marital status advocacy, this […]

Purshouse and Bracegirdle, ‘The Problem of Unenforceable Surrogacy Contracts: Can Unjust Enrichment Provide a Solution?’

Abstract The fact that surrogacy contracts are unenforceable can cause problems if a surrogate decides that she wishes to keep the child. When this happens, the intended parents cannot bring a claim in contract compelling her to give the baby up to them or even for the return of money paid to the surrogate. Intuitively, […]

Scott and Chen, ‘Fiduciary Principles in Family Law’

Abstract Family members bear primary responsibility for the care of dependent and vulnerable individuals in our society, and therefore family relationships are infused with fiduciary obligation. Most importantly, the legal relationship between parents and their minor children is best understood as one that is regulated by fiduciary principles. Husbands and wives relate to one another […]

Shircore, Douglas and Morwood, ‘Domestic and Family Violence and Police Negligence’

Abstract Domestic and family violence in Australia has received unprecedented attention over the past few years. A number of recent reports and reviews have identified that improved policing is key to enhancing the safety of women and children. In response to these reports, and in recognition that police are often the first to respond to […]

Adam Hirsch, ‘Inheritance on the Fringes of Marriage’

Abstract This Article explores the inheritance rights of individuals situated at the fringes of marital relationships – fiancés, spouses who are in the process of divorcing, and permanently separated spouses. The Article examines whether these categories of individuals ought to enjoy rights to forced shares of an estate comparable to those that ordinary spouses can […]