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Family law draws from constitutional law as well as from criminal law, conflict laws, and the laws of contracts, torts, property, inheritance, and even taxation. This comprehensive review inspects the creation of marriage relationships, spousal rights and obligations, parent and child relationships, marriage termination, and the economic consequences of divorce.
The 6th edition of this popular and manageably sized casebook retains the structure of the 5th edition and its emphasis on practical skills and contextual analysis. New cases, statutes, and notes reflect judicial and legislative developments across the country. The new edition includes materials on the 2005 amendments to the bankruptcy code and two new uniform laws. It also integrates the Supreme Court's recent privacy cases, including Lawrence v. Texas, with traditional family-privacy materials. Updated notes and additional problems test a wide range of skills and introduce students to practical aspects of family law.
Introduction to the Laws.....Series Volume 5 As issues in American law turn up with ever-greater frequency in dozens of countries worldwide, some familiarity with the legal system of the United States of America has become de rigueur for practising lawyers everywhere. This incomparable handbook, now in its Second Edition, provides an authoritative description of the major elements, including all matters likely to emerge in the course of normal legal activity. Written from a clear and cogent comparative perspective, it is of great practical value for both counselling and courtroom use. Eighteen lucid chapters by distinguished American law professors, each of whom is also knowledgeable about a legal system outside that of the United States, explain the major laws, legal standards, and legal institutions of the United States. Substantive and procedural comparisons are presented in plain English, with appropriate commentary where deemed helpful to clarify particularly complex or unsettled matters. The resulting volume is an expert historical, systematic, and critical introduction to the law of the United States.
The eighth edition of this popular and manageably sized casebook retains the general structure of the prior edition, with its emphasis on practical skills and comparative material. New cases, statutes and notes have been added where appropriate to provide current information. One of the main changes is the addition of the 2015 Obergefell opinion by the U. S. Supreme Court regarding gay marriage. In other sections of the book, the authors explore the extent to which this opinion will be given retroactive effect or affect other areas of family law such as custody, adoption and assisted reproduction. Additional information is provided pertaining to recent developments regarding assisted reproduction, marital agreements, divorce, equitable distribution, calculating child support awards, and child support enforcement.
Nature of Marriage and Marital Contracts; Marriage Requisites and Common Law Marriage; Cohabitation Without Marriage -- Heterosexual, Relationships and Same-Sex Unions; Husband and Wife; Divorce -- Status Issues; Divorce -- Financial Consequences; Parental Child Support Obligation; Child Custody; Parental Obligation of Care and Control, and the Juvenile Court System; Children's Rights; Legitimacy, Illegitimacy, and Paternity; Adoption; Procreation.
This is the first book to explore the canonical narratives, stories, examples, and ideas that legal decisionmakers invoke to explain family law and its governing principles. Jill Elaine Hasday shows how this canon misdescribes the reality of family law, misdirects attention away from actual problems family law confronts, and misshapes policies.
This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
The family and the law, with its attendant legal systems, share a pervasive connectedness. With this new volume, family practitioners and scholars can begin to increase the family?s position in relation to the law and legal system. The contributing authors bring to light the power of laws and the ways to influence them,for the benefit of the family.