Category Archives: Family Law

Scott and Cahn, ‘The 100-Year Life and the New Family Law’

ABSTRACT This draft book chapter, prepared as part of a symposium on The 100-Year Life by Linda Gratton and Andrew Scott, reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, […]

‘Bargaining in the Shadow of (Confusing) Law: The Case of Surrogacy Contracts’

Rachel Rebouché, ‘Contracting Pregnancy’, 105 Iowa Law Review 1591 (2020). The literature on surrogacy regulation has recently taken a turn towards a more pragmatic understanding of the field. Scholars have attempted to describe surrogacy regulation as it already exists and analyze the different interests involved, under conditions of legal fragmentation and uncertainty. Rachel Rebouché’s ‘Contracting […]

Michael Higdon, ‘If You Grant It, They Will Come: The Enduring Legal Legacy of Migratory Divorce’

ABSTRACT Fifty years ago, California became the first state to enact no-fault divorce, making it easier than ever before for individuals to dissolve unsuccessful marriages. Soon every state would follow suit, and over the years much has been written about this national shift in the law of divorce. What has thus far escaped scrutiny, however, […]

Nicole Friedlander, ‘Escape From Plurality: Why the Best Interest of the Child is at Risk’

ABSTRACT This note provides a comparative analysis between the United States’ and Canada’s laws regarding the non-traditional marital practice of polygamy. The note concludes by suggesting that the United States should adopt a law more similar to that of Canada, which provides greater protections to those leaving a polygamous relationship. In its current form, the […]

Call for Papers and Posters: ‘A Sacred Covenant? Historic, Legal and Cultural Perspectives on the Development of Marital Law’: virtual event, 20 May 2021

We seek to explore the changing legal and cultural definitions of marriage in any geographical location or jurisdiction across the period c 1450 – present day, paying particular attention to the changing perspectives on age, same-sex marriage, polygamy, divorce, and remarriage. This conference will create an exciting space where historical, literary, medical, artistic, and cultural […]

‘When is a wedding not a marriage? Exploring non-legally binding ceremonies’

“Why might couples in England and Wales today opt for a non-legally binding wedding ceremony in addition to their legally binding one? One reason might be that they attend a place of worship that has not been registered for marriages. Such additional wedding ceremonies have a long history, as is demonstrated by the case of […]

Jennifer Hendricks, ‘Disputed Conceptions of Motherhood’

ABSTRACT This chapter, which will appear in the Oxford Handbook of Feminism and Law in the US (Deborah Brake, Martha Chamallas and Verna Williams, eds), examines feminist efforts to disentangle womanhood, biological motherhood, and social motherhood in order to promote equality in the law. It argues that this approach has produced important feminist influence and […]

Njeri Mathis Rutledge, ‘Employers Know Best? The Application of Workplace Restraining Orders to Domestic Violence Cases’

ABSTRACT Domestic violence is often thought of as a private matter that occurs within the home. But when domestic violence impacts the workplace, employers are faced with a difficult choice: they must consider employee productivity and safety, as well as company finances, while also balancing the safety and needs of the domestic violence victim. Ultimately, […]

Lutska, Vivcharuk, Babetska, Shutak, Shevchuk and Svorak, ‘Comparative Legal Analysis Of The Legal Aspects Of Property Contracts Between Spouses’

ABSTRACT In the article, the authors conduct a comparative analysis of the legal aspects of property contracts between spouses, namely, a marriage contract and an agreement on the division of spouses’ property. Contracts between spouses are becoming more common in the system of regulators of family relations. The need to conclude such contracts arises at […]

‘The Interaction between Family Law, Succession Law and Private International Law’

“JM Scherpe and E Bargelli have just published an edited book titled: The Interaction between Family Law, Succession Law and Private International Law with Intersentia. The publisher’s blurb reads as follows: ‘There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the […]