Reconceiving the Family
Critique on the American Law Institute's Principles of the Law of Family Dissolution

This 2006 book provides a critical examination of ALI's Principles of the Law of Family Dissolution.

Robin Fretwell Wilson (Edited by)

9780521861199, Cambridge University Press

Hardback, published 17 July 2006

564 pages
25.4 x 17.8 x 3.2 cm, 1.15 kg

"This book is important and timely. The subject matter is of enormous significance. Not only has the American family been undergoing almost revolutionary reconfigurations over the past generation, public opinion about the ways in which law should reflect these changes has also shifted rapidly. The American Law Institute focused its enormous talents on developing Principles of the Law of Family Dissolution and carefully considered all of the significant questions raised by these changing family forms. The contributors to this volume broadly examine issues contained in the Principles which are sufficiently weighty and complicated that they must be discussed from multiple perspectives."
Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law, New York University School of Law

This 2006 book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles'), arguably the most sweeping proposal for family law reform attempted in the US over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal support and domestic partnerships, utilizing a wide range of analytical tools, including economic theory, constitutional law, social science data and linguistic analysis. This volume also includes the perspectives of US judges and legislators and leading family law scholars in the United Kingdom, Europe, Canada and Australia.

Foreword Mary Ann Glendon
Introduction Robin Fretwell Wilson
Part I. Fault: 1. Beyond fault and no-fault in the law of marital dissolution Lynn D. Wardle
2. A city without duty, fault or shame Scott FitzGibbon
Part II. Custody: 3. Partners, caregivers, and the constitutional substance of parenthood David Meyer
4. Custody law and the ALI's principles: a little history, a little policy, and some very tentative judgments Robert J. Levy
5. Undeserved trust: reflections on the American Law Institute's treatment of de facto 'parents' Robin Fretwell Wilson
Part III. Child Support: 6. Asymmetric Parenthood Katharine Baker
7. Paying to stay home: on competing notions of fairness and the imputation of income Mark Strasser
Part IV. Property Division: 8. The ALI property division principles: a model of radical paternalism John Gregory
9. Unprincipled family dissolution: The American Law Institute's recommendations for division of property David Westfall
10. You and me against the world: marriage and divorce from creditors' perspective Marie T. Reilly
Part V. Spousal Support: 11. Back to the future: the perils and promise of a backward looking jurisprudence June Carbone
12. Money as emotion and the distribution of wealth at divorce Katharine Silbaugh
13. Solidifying the 'no-fault' revolution: post modern marriage as seen through the Lens of ALI's 'compensatory payments' Katherine Spaht
Part VI. Domestic Partnership: 14. Domestic partnership and default rules Margaret F. Brinig
15. Private ordering under the ALI Principles Martha Ertman
16. Marriage matters: what's wrong with the ALI's Domestic Partnership Proposal Marsha Garrison
17. Domestic partnership, implied contracts, and law reform Elizabeth Scott
Part VII. Agreements: 18. Premarital agreements in the ALI principles: the move towards abolition of state marriage laws Jane Adolphe
19. The ALI principles and agreements: seeking a balance between status and contract Brian H. Bix
20. The principles on agreements and international law Barbara Stark
Part VIII. Judicial and Legislative Perspectives: 21. A formula for fool's gold: the illustrative child support formula in chapter 3 of the American Law Institute's Principles of the Law of Family Dissolution Maura Corrigan
22. A response to the Principles' Domestic Partnership Scheme Jean Hoefer Toal
Part IX. International Reflections: 23. Individualism and responsibility John Eekelaar
24. The ALI's past child-caretaking standard in comparative perspective Patrick Parkinson
25. Economic consequences of divorce: a Scandinavian perspective on the ALI principles Tone Sverdrup
Afterword Carl Schneider.

Subject Areas: Laws of Specific jurisdictions [LN], Law [L]