Family law Books

Book SynopsisThis book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.Trade Review... a timely and valuable contribution to understanding this area of law, examining the current status of children in EU law, and the potential scope for future developments. This book will be particularly useful for researchers in the field of children's rights, and researchers and practitioners in any of the legal fields examined in detail by the author, including family law, migration and child protection. It also provides a useful reflection on the increasing scope of activities of the EU and will be a reference point for researchers into European law more generally. It draws attention to the role of a new actor in the field of children's rights and a developing area of policy debate across the EU, demonstrating a combination of understanding of the EU, and the protection and empowerment of children. It makes a distinctive contribution to the understanding of European law, and of children's rights, which will stimulate the ongoing debate over the effective protection of children's rights in other contexts beyond the EU. -- Ruth Lamont * Child and Family Law Quarterly, Volume 25(1) *Table of ContentsIntroduction: Children and the European Union 1. The Value and Scope of EU Action in Relation to Children Introduction Is There a Need for EU Action in the Field of Children's Rights? The Added Value of EU Action in Relation to Children's Rights The Strategic Importance of Investing in Children's Rights at EU Level Valuing and Facilitating Children's Present Contribution to the EU Does the EU have the Capacity to Regulate Children's Rights? The EU's Institutional Capacity to Drive Children's Rights Forward The Importance of a Reliable Evidence Base Key Dynamics Shaping the Development of Children's Rights at EU Level Defining the Boundaries between EU Action and Domestic Action in the Field of Children's Rights Defining 'Child' under EU Law 'Child' as an Age-Based Construct under EU Law 'Child' as a Biological Construct under EU Law 'Child' as a Dependency-Based Construct under EU Law Conclusion 2. The Ideology of EU Children's Rights Introduction Defining a Rights-Based Approach to Regulating Children's Lives The Legal Currency of Fundamental Rights at EU Level Sources of Children's Rights at EU Level The UNCRC as an EU Children's Rights Tool The Legal Status of the UNCRC at EU Level The ECHR as a Children's Rights Tool Children's Rights and the Charter of Fundamental Rights of the European Union The EU's Capacity to Advance Children's Rights: A Question of Competence Additional Conceptual Frameworks for Pursuing Children's Rights at EU Level EU Citizenship as a Children's Rights Mechanism Non-Discrimination as a Normative Framework for Pursuing Children's Rights Using EU Non-Discrimination Law to Protect Children's Rights Social Inclusion as a Framework for Protecting Children's Rights Conclusion 3. Children, Family Life and EU Migration Law Introduction Adopting a Rights-Based Approach to Migrant Children's Family Life The Nature and Scope of Children's Family Rights under EU Migration Law Conceptualisations of 'Child' and 'Family' under EU Migration Law The Family Rights of Third Country Nationals under EU Law Restrictions on Children's Rights under Immigration Law The Importance of 'Dependency' in Determining Migrant Children's Family Rights Extricating Children's Family Rights from the Economic/ Self-Sufficiency Nexus? The Nature and Scope of 'Separated' Children's Rights under EU Immigration Law The Importance of Detaching Children's Migration Status from that of their Family Situating Children within Migration Research Conclusion 4. Children's Rights under EU Family Law: Custody, Access and Parental Child Abduction Introduction The Scope of and Reasons for EU Family Law The Position of Children in the Divorcing Family: Sociological Perspectives The Evolution of EU Family Law Regulating Divorce and Parental Responsibility The Nature and Scope of Children's Rights Provision under the Brussels IIbis Regulation EU Family Law and the Best Interests Principle The Content and Scope of the Best Interests Principle under Brussels IIbis The Growing Prominence of Best Interests in Child Abduction Cases? Reconciling Neulinger and Zarraga Brussels IIbis and the Voice of the Child Age and Capacity as a Barrier to Child Participation Divergence Between National Child Consultation Procedures Child Participation and the Six Week Deadline in Child Abduction Cases Conclusion 5. Maintenance, Mediation and the Future of EU Family Law Introduction Enforcing Child Maintenance Cross-Nationally EU Legal Framework Governing Cross-National Child Maintenance Towards Harmonisation of Family Law? The New Rules on Applicable Law Is the EU Maintenance Regulation Compatible with Children's Rights? Recovery of Child Maintenance under EU Free Movement Law EU Developments in the Field of Family Mediation Achieving Effective Cross-National Mediation EU Mediation Directive Mediation: Empowering Adults but Disempowering Children? Problems of Enforcing Mediated Agreements Relating to Children Is a Separate Legal Instrument Governing Cross-Border Mediation Necessary? Children, the Lisbon Treaty and the Future of EU Family Law Conclusion 6. Education, Children's Rights and the EU Introduction The Source and Scope of Children's 'Right' to Education The Nature and Scope of Children's Educational Rights under EU Education Law and Policy Upholding Children's Educational Rights as an Aspect of the EU's Social Agenda EU Education Policy and the Open Method of Co-ordination Promoting Children's Agency through EU Education Measures: Active Citizenship and Children's Personal Development Children's Educational Rights under EU Migration Law The Limitations of a Basic 'Equality of Access' Approach to Education Beyond a Basic Access: Rights for Migrant Children Upholding Educational Rights through the EU's Equality Framework Tackling Discrimination in Education on Grounds of Disability Tackling Discrimination in Education on Grounds of Ethnicity: Roma Conclusion 7. Child Protection and EU Law Introduction An Overview of the Legal and Policy Framework Underpinning EU Child Protection Measures EU Child Protection Legislation EU Efforts to Combat Child Trafficking Child Protection Law and the EU Internal Market EU Child Sexual Exploitation and Abuse Legislation The Development of an EU Child Protection Infrastructure Added Value or Empty Rhetoric? Assessing the Effectiveness of EU Action in the Field of Child Protection Is EU Child Protection Legislation Compatible with Children's Rights? Added Value of EU Intervention in International Child Protection The Enforceability of EU Child Protection Measures Adopting a Multi-Levelled, 'Roots and Branches' Approach to Child Protection Importance of Cross-Departmental and Cross-Institutional Collaboration in Child Protection Enhancing the Knowledge Base The Future of EU Child Protection Conclusion 8. Children's Rights and EU Enlargement Introduction Membership 'Conditionality' as a Mechanism for Promoting Children's Rights Children's Rights and the Political Criteria: Using Human Rights 'Conditionality' to Enhance Children's Rights The Importance of Context in Applying EU's Human Rights Conditionality The Selective Nature of EU Human Rights Conditionality Children's Rights and the Economic Criteria Children's Rights and the Legal Criteria Complementing EU Conditionality with Action 'On the Ground' Upholding Children's Rights Post-Accession Acceding to What? Scrutinising the Quality of the EU Children's Rights Measures to which Accession States are Expected to Conform The Mixed Blessing of Enhanced Mobility Rights Following EU Accession Sustaining Children's Rights Protection in the Post Accession Environment Ask Not What the EU Can Do for Children's Rights in the Accession States, But What the Accession States Can Do for Children's Rights in the EU Conclusion Conclusion: The Future of Children's Rights in the European Union The EU's Flawed Conceptualisation of Children's Rights: From Subversion to Insertion to Perversion The Hegemony of the Child Protection Agenda at EU Level More Than Just a Website: Children's Participation in the EU Square Pegs and Round Holes?: Expectations of the EU's Role in Relation to Children's Rights The EU as Regulator, Co-ordinator and Supporter Institutional, Procedural and Political Blockages Achieving Better Accountability—For What and to Whom?

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Book Synopsis'Caring and the Law' considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law. It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.Trade ReviewAlthough the laws and cases Herring discusses are from the United Kingdom, the book should have a broad philosophical and legal appeal to those interested in social justice and issues of care in other countries. The book reads as if it represents a lifetime of investigation into Anglo-American literature and British court cases on care and the law. Graduate students and practitioners alike would find its stories, philosophy, and analysis informative and moving. Those who specialise in one area of law may fruitfully dip into a single chapter because Herring carries his thesis explicitly and clearly through each section of the book. This is a carefully reasoned and widely researched book that makes a passionate plea for embracing the wider moral and social significance of a relational understanding of care where all of us should hold one another, society, and the state responsible for the human obligation of caring relationships. -- Adelaide H. Villamoare * The Law and Politics Book Review, Volume 23, No. 12 *If the law has a heart, this book is a more than adequate expression of its inner emotion, making it essential reading for all of those interested in or affected by legal intervention in this area. Given the author's accurate assertion that everyone cares or is cared for, that makes for a very wide potential readership indeed. -- Nicole Busby * Journal of Law and Society, Volume 40, Number 4 *... a thoroughly researched, extremely well-structured and highly thought-provoking text on how the law addresses – or does not, as the case may be – the issue of care. This is a book every law student and graduate should read to assist them to lay down a solid foundation upon which to build their future practice. -- Sue Field * Law Society Journal, Volume 51, Number 8 *It goes without saying that this is an excellent book – erudite, wide ranging and stimulating. Jonathan Herring is a leading legal scholar of our generation. -- Helen Reece * Social & Legal Studies, 23(2) *... a provocative look at the caring/law intersection that makes a worthwhile contribution to the ageing literature. -- Marshall B. Kapp * Care Management Journals, Volume 15, No.2 *This is an accessible, easy-to-read book; the structure is always clear, with everything signposted. Its socio-legal approach means that the realities of caring are never lost; instead arguments from scholars in a number of disciplines are not only set out well but also firmly placed in context. Concrete examples are used to assist (and sometimes amuse) the reader. -- Annika Newnham * Child and Family Law Quarterly *In this accessible and engaging book, Herring takes us on a journey into a world that lawyers often marginalise, yet it is a world that is of relevance to us all…[Caring and the Law] consolidates core scholarly activity, offers suggestions for improvement and reveals how and why caring relationships deserve more attention from policy makers and academics -- Grace James * Feminist Legal Studies *Caring and the law [has] immeasurable value in jolting one...out of traditional ways of thinking and bravely presenting a vision of a different world. -- Brian Sloan * Journal of Social Welfare and Family Law *Herring should be commented for his up-to-date research within this publication. -- Gary Spencer-Humphrey * Professional Social Work *Table of Contents1. Caring I. Introduction II. Title III. Ethic of Care IV. Real Life V. Politics and Care VI. The Structure of the Book 2. The Nature of Care I. Introduction II. Terminology III. The Disability Critique of Care IV. Paid and Unpaid Care V. Gender and Caring VI. The Status of Carers VII. The Extent of Caring VIII. Caring Relationships and Disadvantage IX Conclusion 3. Ethic of Care I. Introduction II. The Origins of an Ethic of Care III. Central Themes in an Ethic of Care Approach IV. Disputed Issues Surrounding an Ethic of Care V. Criticisms of an Ethic of Care VI. Ethic of Care and Law VII. Conclusion 4. State Support of Care I. Introduction II. The Political Background III. Why Care Matters to the State IV. The Basis of the Support V. The Nature of the Support VI. Defamilisation VII. Work-Life Balance VIII. Commodification IX. Current Law X. Government Reforms on Support for Carers XI. Future Funding of Care XII. The Role of the Courts XIII. Conclusion 5. Caring and Medical Law I. Introduction II. The Place of Carers in Medical Law III. Mental Capacity and Carers IV. Carers as Decision-Makers V. Mental Health Act 1983 and Carers VI. Human Tissue Act 2004 and Carers VII. Autonomy VIII. Bodies IX. Rationing X. Confidentiality XI. Personhood XII. Conclusion 6. Family Law and Caring I. Introduction II. Care at the Heart of Family Law III. Marriage IV. Parenthood V. Disputes over Children VI. Financial Orders VII. Unmarried Couples and Property Disputes VIII. Autonomy and Family Law IX. Conclusion 7. Caring and General Law I. Introduction II. Human Rights and Caring Relationships III. Carers and Tort IV. Carers' Employment Law Protection V. Conclusion 8. Caring and Abuse I. Introduction II. Recent Scandals III. Statistics IV. Defining Intimate Relationship Abuse V. The Causes of Intimate Abuse VI. Rights to Protection VII. Criminal Law VIII. Civil Law IX. Compulsory Intervention X. Prevention and Regulation XI. Conclusion 9. Conclusions I. Introduction II. Social Justice and Societal Well-Being III. The Nature of Care IV. The Relational Self V. Gender Care and Power VI. The Promotion of Caring Relationships VII. Care and Health VIII. Refocusing Family Law on Care IX. Care and Employment X. Care and Protection from Abuse XI. Final Thoughts

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Book SynopsisDie vorliegende Arbeit wendet sich dem Thema des modernen Ehescheidungsrechts in der Republik Mazedonien zu, welches im deutschen wie im ausländischen Schrifttum monografisch bislang noch nicht untersucht wurde. Angesichts der Tatsache, dass Mazedonien seit 2005 Beitrittskandidat der EU ist, ist das Familienrecht eines solchen Landes auch aus deutscher wissenschaftlicher und praktischer Sicht bedeutsam. Die Untersuchung von Ingrid Steinmann geht auf das materielle Scheidungsrecht Mazedoniens ein und behandelt das Eheschließungsrecht, die einzelnen Ehescheidungsgründe sowie die Scheidungsfolgen vermögensrechtlicher und nichtvermögensrechtlicher Art. Da zudem das verfahrensrechtliche und internationale Scheidungsrecht Mazedoniens systematisch dargestellt werden, ist das Buch insbesondere für die deutschen Gerichte, die aufgrund der starken Präsenz von Mazedonien in Deutschland mazedonisches Familienrecht nicht selten anzuwenden haben, von besonderer Bedeutung. Es wendet sich aber zugleich an Dozenten und Studenten der Rechtswissenschaften mit dem Schwerpunkt Internationales Privatrecht.Table of Contents1. Teil: Einleitung.- 2. Teil: Die Rechtsquellen des Familenrechts in der Republik Mazedonien.- 3. Teil: Das materielle Scheidungsrecht in Mazedonien.- 4. Teil: Das Verfahren der Scheidung.- 5. Teil: Die Folgen der Beendigung der Ehe durch Scheidung.- 6. Teil: Das internationale Scheidungsrecht der Republik Mazedonien.- 7. Teil: Gesamtergebnis.- Literaturverzeichnis.

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Book SynopsisHow do courts reconcile protecting family life with immigration control in human rights cases? This book addresses that question through an analysis of 11 UK Supreme Court decisions on immigration and family life, mostly focusing on Article 8 ECHR, the right to respect for family life, and starting with Huang v SSHD in 2007. The analysis is set against a national context that includes the Human Rights Act 1998 and regular controversies over immigration. The book explains how the European Court of Human Rights jurisprudence has developed in recent years, but, particularly in the absence of children, it often still awards little weight to claims by citizens and residents to be joined by family when immigration status is an issue. This reflects governments’ resistance to encroachment on their control over borders. The Supreme Court decisions show that, despite powers conferred by the Human Rights Act, a more nuanced position in domestic law was difficult to articulate and sustain. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments. These problems revealed judges to be strategic actors drawing on personal and institutional values and responding to the shifting political context. A more generous reading of Article 8 would be legally coherent but needs wider societal support to be realisable. The book ends with a discussion of how, if such support were present, the jurisprudence could give more weight to the needs of families. It is vital reading for anyone interested in families and immigration, and in the problems and potential of human rights adjudication.Table of Contents1. Introduction: Family Reunification, Human Rights and Judges I. About the Book II. Chapter Outline III. Family Reunification IV. Human Rights and Family Life V. Judges VI. Methodology 2. Introduction to the UK’s Constitutional, Court and Immigration System I. Introduction II. The UK’s Legal and Constitutional Framework III. The Human Rights Act 1998 IV. Regulating Family Reunification in the UK V. The Immigration Control Framework in the UK VI. Appeals and the Court System VII. Conclusion 3. The European Court of Human Rights: Strait is the Gate I. Introduction II. Why is Family Reunification and Article 8 So Problematic? III. Article 8(1): Family Life IV. Article 8(2) Proportionality 1: Immigration Controls, Positive Obligations and the Margin of Appreciation V. Article 8(2) Proportionality 2: Fair Balance VI. Conclusion 4. Huang: Breathing Life into Article 8 I. Introduction II. The Immigration Battleground III. A Sense of Judicial Purpose IV. The Legal Problem Addressed by Huang V. The Legal Findings in Huang VI. ‘Human Beings are Social Animals’ VII. The Aftermath of Huang VIII. The Signifi cance of Huang and its Limits IX. Conclusion 5. ‘Good News from on High’: The First Post-Huang Phase I. Introduction II. Beoku-Betts: Including All the Family III. Chikwamba: Applying In-Country or Abroad IV. EB (Kosovo): Delay, Proportionality and Reinforcing Huang V. Reflections on the First Phase Decisions VI. Conclusion 6. Still Family First: The Second Post-Huang Phase I. Introduction II. Baiai: The Right to Marry III. Mahad: Third Party Support IV. ZH (Tanzania): The Best Interests of Children V. Quila: Forced Marriage and the Minimum Age for Sponsorship or Entry VI. A Complex Relationship with Article 8 VII. Conclusion 7. The Supreme Court Rolls Back: The Third Post-Huang Phase I. Introduction II. A New Background III. Ali and Bibi: Pre-entry Language Testing 0 IV. MM (Lebanon): The Minimum Income Requirement V. Agyarko: Regularisation and Precariousness VI. Reflections on the Third Phase Decisions VII. Reflections on Huang and the Three Phases VIII. Conclusion 8. A Better Article 8 is Possible I. Introduction II. Why Human Rights? III. Stick or Twist? The Case for Treating Family Reunification as a Positive Obligation IV. Family Life Beyond the ‘Core’ Family V. The Public Interest 1: The ‘General Interest’ and Family Life VI. The Public Interest 2: Immigration Control VII. Precarious Residence and Exceptionality VIII. Sponsors and Citizenship IX. Family Life and Immigration: The New Approach in Practice X. Conclusion 9. Concluding Remarks I. Introduction II. The Impact of Article 8 on Immigration Policy III. The Supreme Court as a Moral and Political Actor IV. A Coherent Legal Interpretation of Article 8 V. Final Words: Making Family Matter

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Book SynopsisThis book tells the untold story of the Married Women’s Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists. Formed in 1938, the Married Women’s Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations with politicians, civil servants, and Law Commissioners. The Association boasted powerful public figures, including MP Edith Summerskill, authors Vera Brittain and Dora Russell, and barrister Helena Normanton. They campaigned on matters that are still being debated in family law today. Quiet Revolutionaries sheds new light upon legal reform then and now by challenging longstanding assumptions, showing that piecemeal legislation can be an effective stepping stone to comprehensive reform and highlighting how unsuccessful bills, though often now forgotten, can still be important triggers for change. Drawing upon interviews with members’ friends and family, and thousands of archival documents, the book is compulsory reading for lawyers, legal historians, and anyone who wishes to explore histories of law reform from the ground up. Winner of the SLSA Socio-Legal Theory and History Book Prize 2023. To listen to podcast episodes about the Married Women’s Association, featuring interviews and archival research, visit quietrevolutionaries.podbean.com.Trade ReviewI believe this book to be of central importance to scholars studying the history of women and feminist movements, and family law in the twentieth century. It is so rare for a legal history book to truly convey how and why the law developed in the way it did, and the significance of these developments to the people subject to the legislation. In Quiet Revolutionaries, Sharon Thompson has raised the bar for those of us working in the field. -- Jennifer Aston * Feminist Legal Studies *Sharon Thompson is to be thanked and congratulated for giving us this detailed and perceptive account of the activities of a previously little-known group of quiet but determined activists … A treasure trove, offering newly accessible detail and contributing across so many areas to the understanding of the process of law reform and to the history of feminist thought and strategies for reformers. -- Mavis Maclean * Journal of Law and Society *Quiet Revolutionaries is a fantastic book that should be read by legal historians, practitioners and anyone interested in how legal change is achieved … Drawing upon rich insights from archival and empirical research, this book reveals that ‘the MWA’s story is a microcosm of feminist legal activism’ … Quiet Revolutionaries provides a new way of thinking about that activism and how ‘success’ might be measured for reform projects in family law today. -- Andy Hayward * Financial Remedies Journal *The book is beautifully written, providing the reader with a real sense of what it was like for women (and men) in previous decades, for Thompson has done her research in archives and from interviews and knows the period thoroughly. What it also offers is a properly accurate and nuanced examination of the law and the proposed reforms that one could only get from an experienced teacher of both family law and property law. Quiet Revolutionaries takes feminist legal history – and legal history generally – to a new level. -- Rosemary Auchmuty * Frontiers of Socio-Legal Studies *The influence and importance of the Married Women’s Association and its visionary leading lights ... ought to be much better known, not only among family lawyers but also among everyone who is interested in the movement for women’s equality. Sharon Thompson has enriched our knowledge and understanding by shining a light upon these quiet revolutionaries. * Brenda Hale, Baroness Hale of Richmond, former President of the Supreme Court of the UK [from the foreword] *Quiet Revolutionaries brilliantly illustrates the value of taking a feminist approach to legal history. Meticulously researched and engaging, it shines a light on an overlooked but vitally important campaign for substantive equality within marriage and on the challenges of reforming the law. * Rebecca Probert, Professor of Law, University of Exeter, UK *Economic dependence in marriage was an abiding concern for twentieth-century feminists, but until now we have known too little about how activists used the law as a tool for change. Deeply researched and highly readable, Sharon Thompson’s book recovers the dogged campaigning of the Married Women’s Association, revealing its steely efforts to reshape norms about gender, power and the value of women’s labour in the family. * Helen McCarthy, Professor of Modern and Contemporary British History, University of Cambridge, UK *Table of ContentsForeword by Brenda Hale, Baroness Hale of Richmond Acknowledgments Timeline Archive References List of Abbreviations Prologue: After the Vote 1. Quiet Revolutionaries 2. Housewives: ‘That Vast Army of the Great Unpaid’ Interlude: Juanita Frances 3. A Composite Portrait 4. A New Marriage Law 5. Mrs Blackwell Interlude: A Note About Lord Denning 6. The Split Interlude: Reform Movements Are Like Builders 7. One Step at a Time 8. Resistance as a Reform Strategy Interlude: Poor Reggie 9. Two Steps Forward, One Step Back 10. A Subterranean Influence Afterword Bibliography Index

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Book SynopsisThis book presents a socio-legal examination of national and devolved-level developments in social protection in the UK, through the eyes of politicians and officials at the heart of this process. Since its inception in 1998, devolution has altered the character of the UK welfare state, with dramatic change in the 10 years since 2010. A decade of austerity at national level has exposed diverging view in how governments in London, Edinburgh and Belfast view the social rights of citizenship. This political divide has implications for both social security law, as the devolved countries begin to flex their muscles in this key area for citizens’ economic welfare, and the constitutional settlement. The book reflects on the impact of austerity, the referendum on Scottish independence and subsequent changes to the devolution settlement, Northern Ireland’s hesitant moves away from parity with Westminster in social protection, withdrawal from the European Union (Brexit), and the possible retreat from austerity during the COVID-19 pandemic. The social union may or may not be weakening; its character is unquestionably changing, and the book lays bare the ideological and pragmatic considerations driving legal developments. TH Marshall’s theory of citizenship provides the lens through which these processes are viewed, while itself being reinterpreted in light of the national government’s increasing delegation of responsibility for social rights – whether to individuals, the voluntary sector or lower tiers of government.Trade ReviewWhatever the outcome of current constitutional debates, the questions raised by devolution for social citizenship in general and social security in particular are likely to grow increasingly pertinent. This book provides a valuable signpost to the theoretical and policy issues it poses. -- Ruth Lister * Journal of Social Security Law *This is a path-breaking book that makes an important contribution to our understanding of recent developments in social security. * Journal of Law and Society *Table of Contents1. Introduction: Social Citizenship in an Age of Welfare Regionalism Introduction Social Citizenship Social Security and Multi-level Governance The Social Union and Welfare Regionalism Enter Coronavirus A Socio-legal Study of Social Citizenship Structure of the Book 2. A Socio-legal Perspective on Social Citizenship Introduction Marshall’s Theory of Citizenship: From Civil Rights to a ‘Right to Welfare’ Sources of Rights: Why Citizenship? On the Nature and Enforceability of Social Rights Conclusion 3. Social Citizenship and Multi-level Governance Introduction Social Citizenship and Multi-level Governance The Welfare State in the UK’s Devolution Settlement Towards Devolved Approaches to Social Security Conclusion 4. Twenty-first-century Welfare and the UK Model of Social Citizenship Introduction The Legislative Development of the Twenty-first-century Welfare State Implications for Social Citizenship Social Citizenship in a Pandemic Conclusion 5. Constructing Devolved Social Citizenships: Divergence from the UK Model of Social Security Introduction A Devolved-level Vision for Social Citizenship? Developing Social Security Policy and Systems Divergence in Devolved Social Security Benefits Administration, Service Delivery and Culture Conclusion 6. Rights and ‘Fairness’ in UK and Devolved Social Citizenships Introduction Human Rights and UK Social Security Human Rights in Devolved Social Security Fairness – To Whom? Conclusion 7. The Foundations of Devolved Social Citizenships Introduction Socio-economic Factors Ideological Factors Institutional Factors Conclusion 8. Social Citizenship and the Constitutional Future of the UK: Welfare Unionism, Nationalism and Regionalism Introduction Which Nation? National Identity as Ideological Identity Welfare Unionism, Nationalism and Regionalism An ‘Enduring Settlement’ Achieved? Conclusion 9. Towards Devolved Social Citizenships: How Far Have We Come and Where Are We Going? Introduction Scotland: From Principles to Practice Northern Ireland: Commitment to Parity Wanes, the Practice of Parity Remains Forces for Parity Policy Learning between Northern Ireland and Scotland Conclusion 10. Conclusion: The State of the Social Union Introduction Trajectories in Social Citizenship(s) A Vision for Social Citizenship – Or Visions for Social Citizenships? Still a UK Social Security System? The Social Union and the Political Union Marshall’s Theory of Citizenship in a Regionalised Welfare State Reflections

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Book SynopsisThis book explores the specialist area of cryptocurrency in the context of matrimonial finance proceedings. The work is split into two parts. The first part provides a comprehensive primer on cryptocurrency and blockchain technology. It explains what cryptocurrencies are, how they are held by their owners, and how blockchain technology works. This part also considers the legal status and current regulatory treatment of cryptocurrency in England and Wales. The second part provides an overview of financial remedies and the distributive principles applied by the Family Court in matrimonial finance cases. It analyses the current case law on cryptocurrencies as a variety of ‘property’, before exploring issues that practitioners may face when encountering crypto-assets in litigation. This includes the challenges of valuing, tracing, and freezing cryptocurrency, as well as disclosure considerations. The work includes an overview of the principles relating to ‘self-help’ disclosure and associated criminal offences pursuant to the Computer Misuse Act 1990 and the Data Protection Act 2018. It also contains a summary of HMRC’s current guidance on the taxation of crypto-assets for individuals. This title is included in Bloomsbury Professional's Family Law and Cyber Law online services.Table of Contents1. Introduction 2. An Introduction to Cryptocurrency a. Introduction b. Types of cryptoassets c. What is cryptocurrency? d. Comparing transaction systems: ‘traditional’ finance v cryptocurrency e. The legal status of cryptocurrency in the United Kingdom f. Case study: the evolution of Bitcoin 3. Blockchain a. Introduction b. What is blockchain? c. How blockchain works d. The consensus mechanism e. Advantages and disadvantages of blockchain f. Applications of blockchain technology g. Smart contracts h. Non-Fungible Tokens 4. The Cryptocurrency Ecosystem a. Introduction b. Key players and key terms c. Top 10 cryptocurrencies by market capitalisation: Bitcoin, Ethereum, Tether, USD Coin, BNB, Cardano, XRP, Binance USD, Solana, Dogecoin 5. Regulation of cryptocurrency in the United Kingdom a. Introduction b. The FCA regulatory perimeter c. Financial regulation by category: security tokens, e-money tokens, exchange tokens, utility tokens, stablecoins d. AML / CTF financing e. Regulatory developments in the UK 6. Overview of financial remedies in matrimonial finance a. Introduction b. The Court’s powers and statutory discretion c. The distributive principles d. Matrimonial and non-matrimonial property e. Special contributions f. Income g. Summary 7. Cryptocurrency as a matrimonial asset a. Are cryptocurrencies ‘property’ and why does it matter? b. Are cryptocurrencies divisible? c. Disclosure on Form E 8. Practical considerations in litigation a. Introduction b. Identifying and tracing cryptocurrency c. Valuation of cryptocurrency d. Disclosure, freezing orders, and preservation of devices e. Self-help disclosure and associated criminal offences f. Taxation

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Book SynopsisThis court practice guide enables you to avoid the most common pitfalls encountered across the spectrum of family proceedings, thereby speeding up litigation and avoiding unnecessary work and wasted costs orders. It covers every aspect of the court process across family proceedings, from divorce and financial remedies to private law and public law children, injunctions and committals and appeals. The guidance is set out with clear references to source materials and is supplemented by forms and other practical information. The work is a key staple widely referred to within the Family Court, Principal Registry of the Family Division, other district registries and county courts. The 7th edition includes the following: - Divorce reform - Changes to Committal proceedings - Domestic Abuse Act 2021 (inc PD 12J and Rule 3A) - Presumption of diminished evidence and vulnerability of witnesses (PD 3AA) - Jurisdiction issues - Parental alienation This title is included in Bloomsbury Professional's Family Law online service.Table of ContentsChapter 1: The Divorce Petition Chapter 2: Requirements on Issue of Divorce Application Chapter 3: Procedure – From Issue of Divorce Application for Issue of Conditional Order Chapter 4: Procedure - Amended, Supplemental and Further Applications Chapter 5: Judicial Involvement Leading to a Conditional Order Chapter 6: Final Order of Divorce Chapter 7: Concluding Applications Other than by Final Order Chapter 8: Other Matrimonial Decrees Chapter 9: Declaratory Decrees Chapter 10: Civil Partnership Chapter 11: Applications for a Financial Order with Proceedings under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 Chapter 12: Other Financial Applications Chapter 13: Children and Financial Applications Chapter 14: Financial Applications Governed by the Civil Procedure Rules 1998 Chapter 15: Procedures for the Enforcement of Financial and Costs Orders Chapter 16: Reciprocal Enforcement of Maintenance Orders Chapter 17: Jurisdiction in Child Proceedings Chapter 18: Children – Private Law Issues Chapter 19: Enforcement of Children Act Orders Chapter 20: Locating the Whereabouts of a Child Chapter 21: Wardship and Child Abduction Chapter 22: Public Law for the Private Law Practitioner Chapter 23: Family Homes and Domestic Violence Chapter 24: Emergency Applications Chapter 25: Penal Notices, Undertakings and Committal Applications Chapter 26: Court Bundles Chapter 27: Expert Witnesses in Family Proceedings Chapter 28: Vulnerable Witnesses in Family Proceedings Chapter 29: Appeals Chapter 30: The Court Record Appendices

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Book SynopsisTransparency describes openness, accessibility and public understanding of the family justice system.The principle of open justice has long been limited by the need for privacy to protect the interests of vulnerable parties, and the balance between privacy and publicity is subject to a complex web of legislation and case law, especially in family courts.This book provides a detailed practical guide to the relevant legislation, case law, policy and procedure, and how the balance between privacy and publicity has changed over time.Written in the context of the outcome of the President's Transparency Review (2021), the Second Edition of this title covers recent case law and procedural changes. This includes:- Press attendance and reporting from pilot courts- Legal blogging developments- Privacy of financial applications - Updated judicial guidance on anonymisation and publication, including the transfer of primary publicatio

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Book SynopsisThe family is where legal rules presented as part of the Islamic shari`a are most widely applied in the Muslim world. This connection, often differently elaborated by particular social constituencies, can present difficulties to the advocates of law reform. At the same time, the resonance of the issues at which advocacy is targeted creates an opportunity for creative exchange in addressing practical strategies for change. This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience. A concluding study ranges further afield in order to explore the challenges and potential of 'principles of shari`a' in advocacy on the question of violence against women. This book makes possible a detailed examination of possibilities of, and constraints on, legal reform in the area of Islamic family law in specific contemporary contexts.Trade Review'...a useful and coherent collection.' Journal of Middle East Women's StudiesTable of Contents Introduction - Lynn Welchman Part I: Muslim Personal Status Law in Egypt: The Current Situation and Possibilities of Reform through Internal Initiatives - Essam Fawzy 1. Introduction 2. Social Context 3. Personal Status Law in Egypt: Historical Overview 4. Understanding the Law, Egyptian Family and Social Attitudes 5. Law No.1 of 2000: A New Personal Status Law and a Limited Step on the Path to Reform 6. General Conclusions Part II: Islamic Law and the Transition to Palestinian Statehood: Constraints and Opportunities for Legal Reform - Rema Hammami, Penny Johnson, Fadwa Labadi, and Lynn Welchman 1. Introduction - Penny Johnson and Lynn Welchman 2. Legal Context: Shari`a Courts and Muslim Family Law in the Transitional Period - Lynn Welchmann 3. Palestinian Interim Governance: State Legislation, Legal Reform, and the Shari`a - Penny Johnson 4. Attitudes Towards Legal Reform of Personal Status Law in Palestine - Rema Hammami 5. Agents for Reform: The Women's Movement, Social Politics and Family Law Reform - Penny Johnson Part III: No Altars: A Survey of Islamic Family Law in the United States - Asifa Quraishi and Najeeba Syeed-Miller 1. Introduction 2. Islamic Family Law in American Muslim Hands 3. The Muslim Family in the US: Law in Practice 4. Islamic Family Law in US Courts

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Book SynopsisTopical and compelling, this volume provides an excellent re-evaluation of the ‘best interests’ test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children.Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications.It includes discussions on: the extent to which a child’s body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions the response to situations where the interests of children may be in conflict – the cases of conjoined twins or the donation of organs to siblings. This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine. Table of Contents1. Introduction 2. Standards in Decision Making Concerning Children 3. Best Interests and Consent 4. Best Interests and Refusal 5. Best Interests between Children 6. Best Interests and Withholding/Withdrawing Treatment 7. Best Interests and Medical Research 8. Conclusions

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Book SynopsisThe Family Law (Scotland) Act 2006 amends, updates and improves various aspects of Scottish family law, as well as introducing important new provisions for cohabiting couples. This book contains the text of the substantive provisions together with Professor Norrie''s expert commentary - making it an excellent companion to the new Act for all those who need to know about family law and understand the impact of the new legislation.

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Book SynopsisThe Modern Family: Relationships and the Law explains in a concise and clear fashion the law as it relates to 'the family' and the relationship between its different members.Table of ContentsChapter 1: Introduction/The FamilyChapter 2: MarriageChapter 3: Civil PartnershipChapter 4: CohabitantsChapter 5: Court ProceduresChapter 6: ChildrenChapter 7: SuccessionChapter 8: Donor Assisted Human ReproductionChapter 9: Assisted/Joint Decision MakingChapter 10: Advance Healthcare DirectivesChapter 11: Powers of AttorneyChapter 12: Frequently Asked Questions

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Book SynopsisIn the last 50 years, Irish family law and Irish social attitudes towards the family have changed beyond recognition. Although the constitutional idea of the family is still based on marriage, family law now embraces and provides for a diversity of family forms. With the introduction of divorce Ireland has moved from a system which attached shame to the breakdown of marriage to one that provides for the reality of modern family life. Contemporary law now centres around the rights of children and promotes a child-focused approach to dispute resolution. Family Law in Context provides a comprehensive yet accessible foundational text supporting students and lecturers in meeting the learning outcomes of child and family law modules across universities and colleges in Ireland. Family Law in Context goes beyond an exposition of the law, engaging with debates on the nature of family law and law's impact on the forms of family life it seeks to regulate. In doing so it supports students in thinking critically about family law in Ireland.Table of Contents1. Introduction 2. What is the family in Irish Law? 3. Formation and validity of marriage. 4. Ending marriage: Judicial Separation and Divorce 5. Financial consequences of ending marriage: Private ordering 6. Financial consequences of ending marriage: Court ordered proper provision 7. Cohabitation 8. Protection from family abuse 9. Children's rights in family law 10. Children and parents 11. Public child law 12. Adoption 13. Irish family law in a cross border context

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Book SynopsisAwareness of narcissism and narcissistic behaviour has mushroomed over the past decade. More and more people are being identified as exhibiting a degree of narcissistic behaviour, a rise that may reflect the explosion of social media or simply increased awareness of the problem. So when you encounter a narcissist in divorce proceedings, as inevitably you will, you need to be able to understand how they may behave and how you can better handle matters so that a resolution is not unnecessarily costly. Narcissism & Family Law: A Practitioner’s Guide will help you spot when you are dealing with a narcissist, whether they are your client or on the other side, and sets out innumerable practical insights and tips for how you can moderate the effects of their behaviour. Divorce cases involving narcissists can often get messy, combative and costly so the advice set out in these pages could save you and your client days of angst and unrewarding effort. Drawing on the combined expertise and experience of Dr Supriya McKenna, a GP turned specialist coach and mentor and who focuses on supporting people separating from a narcissist, and Karin Walker, one of the country's leading family law practitioners, it is essential reading for all family lawyers, mediators and other advisers on the front line of practice

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Book SynopsisFor approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are – be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system – lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

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Book SynopsisNeue Technologien werfen neue rechtliche Fragen auf. Sie regen aber auch dazu an, alte Fragen neu zu denken. Inspiriert durch die aktuelle Diskussion um die Haftung für Systeme der Künstlichen Intelligenz, denen - ähnlich wie Menschen und Tieren - eine gewisse "Autonomie" zugeschrieben wird, erörtert Ann-Kristin Mayrhofer die Thematik der Haftung für fremde Autonomie. Sie vergleicht dabei die außervertragliche Haftung von Geschäftsherren und Tierhaltern mit der Haftung von Herstellern und Nutzern von "technischen Agenten" de lege lata . Ausgehend davon macht die Autorin Vorschläge für eine Weiterentwicklung des Haftungsrechts de lege ferenda . Der Schwerpunkt liegt auf dem Umgang mit den Risiken der Geschädigten, Schadensersatzansprüche nicht durchsetzen zu können, wobei insbesondere Beweisschwierigkeiten in den Blick genommen werden.

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Book SynopsisDer Band zielt auf eine systematische Bestandsaufnahme und perspektivische Erweiterung der Privatrechtstheorie einschließlich der methodischen Grundlagen. Die hier versammelten Beiträge verstehen sich als Bausteine zu einer laufenden Debatte. Eine kohärente Gesamtkonzeption einer Privatrechtstheorie wird also bewusst nicht vorgelegt. Vielmehr will der Band anhand zentraler Schwerpunkte, die für eine Theoriebildung erkenntnisleitend sein können, den Versuch unternehmen, die bislang eher selektiv anmutende Diskussion um eine sowohl grundlagenorientierte als auch dogmatische Perspektive zu erweitern.

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Book SynopsisThis text presents a concise compendium of America's sex laws and brings together in one place, and summarizes, the laws regulating personal sexual activity.Table of ContentsIntroduction 1: Rape and Sexual Assault 2: Marital Exemptions from Rape and Sexual Assault 3: Age of Consent 4: Sodomy 5: Transmission of Disease 6: Public Nudity and Indecency 7: Fornication 8: Adultery 9: Abuse of Position of Trust or Authority 10: Incest 11: Bigamy 12: Prostitution 13: Possession of Obscene Materials 14: Bestiality 15: Necrophilia 16: Obscene Communications 17: Voyeurism Glossary

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Book SynopsisThis is a concise compendium of America's sex laws, summarizing the laws regulating personal sexual activity; revealing gaps, anachronisms, anomalies, inequalities and irrationalities; and providing an empirical basis for studies of sexual regulation.

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Book SynopsisOVER 1,000 SOURCES OF FREE DOLLARS AND ASSISTANCE FOR SENIORS Millions of dollars of services are available to help seniors and their caregivers get the top quality care they need for free or at a minimal cost.Table of ContentsTHE SERVICES AND PRODUCTS. Services and Products Available for the Well at Home. Community-Based Services. Services Provided at Home for the Ill. Alternative Housing Arrangements for Older People. Nursing Homes. Arranging and Checking Care from Afar. THE SOURCES. Associations and Organizations Directed Toward the Needs of OlderAmericans. Private Foundation Funding. Area Agencies on Aging. Bibliography. Index.

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Book SynopsisDivorce and Domestic Relations Litigation represents the accountant''s body of knowledge on divorce and domestic relations and how it relates to the divorce process, alimony, child support, and property. At once a reference tool and a training guide for firms entering this specialization, this book provides the financial professional with a single source of information regarding the financial impact, the practical course, and the underlying theories that impact domestic relations.Table of ContentsPreface. 1. THE FINANCIAL ADVISER'S IMPACT ON DIVORCE LITIGATION. Nature and Administration of the Practice. State of Law. Initial Meetings with Counsel or the Client. Child Support. Property Issues. Tracing of Assets. Division of Property. Other Issues. 2. THE FINANCIAL ADVISER'S ROLE IN DIVORCE LITIGATION. The Financial Adviser's Role. The Divorce Process. Trials. Neutral Roles. 3. THE DETERMINATION AND TAXATION OF DIVORCE PROPERTY DIVISIONS. Property Theory and Issues. Family-Limited Partnerships. Taxation of Property Transfers. Redemption of Stock in a Closely Held Corporation. 4. THE VALUATION OF BUSINESSES IN DIVORCE LITIGATION. Business Valuation. Standards. Valuation Methodologies. Analysis of the Business. Control versus Minority Interests and Other Discounts and Premiums. Determination of Value. 5. THE VALUATION AND DIVISION OF RETIREMENT PLANS IN DIVORCE LITIGATION. Retirement Plans. Types of Qualified Plans. Governmental Plans. Individual Retirement Accounts, Simplified Employee Pensions, and SIMPLE Plans. Transfer of Retirement Assets. Nonqualified Plans. 6. THE TAXATION AND DETERMINATION OF SUPPORT IN DIVORCE LITIGATION. Child Support. Spousal Support. Types of Spousal Support. Tax Treatment of Spousal Support. Recapture of Spousal Support. Spousal Support Treated as Child Support. Spousal Support Substituted for Property Awards. Allocation between Child Support and Spousal Support. 7. THE DIFFERENCES OF PROPERTY AND INCOME IN DIVORCE LITIGATION AND ISSUES OF THE MARITAL RESIDENCES. Property or Income. Marital Residence. 8. TAX ISSUES IN DIVORCE LITIGATION. Income Tax. Innocent Spouse Relief. Expanded Innocent Spouse Relief. Separate Liability Election. Equitable Relief. Miscellaneous Tax Issues. Tax Attributes in Divorce. 9. THE FINANCIAL ADVISER'S TESTIMONY. Testimony. Preparation for Trial. Direct Examination. Cross-Examination. Redirect Examination. Recross Examination. The Decision. Index.

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Book SynopsisExploring the phenomenon of divorce in American society, this book looks at divorce as a legal action, as an individual experience, and as a cultural symbol in its era of institutionalization. It analyzes the legal and legislative aspects of divorce and the public response to them.Trade Review"Anyone who imagines social lament over divorce to be a very recent phenomenon should read Norma Basch's book, which tells a fascinating set of stories about law and about culture in the United States, from the forging of divorce provision in the Revolutionary era to the moral ambiguities and acknowledged hypocrisies it caused a century later. Tacking between the social facts of rising divorce and the alarmed or enthusiastic commentary on it, Framing American Divorce guides us through the social landscape of nineteenth-century America, a tour of shifting hierarchies in which anxieties about increasing personal freedom were as powerful as desires for it." - Nancy Cott, author of The Grounding of Modern Feminism

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Book SynopsisTrade Review“Hatcher, a professor of law and advocate for social justice, delivers a well-researched, scholarly, disturbing synthesis of social history and legal treatise, tracking the long-term monetization of the justice system. . . . A useful, bleak exposé of a little-understood legal labyrinth constructed to harm the most vulnerable.” * Kirkus Reviews *"Hatcher meticulously reveals a nefarious, unethical operation within juvenile and criminal justice systems. . . . This book will serve as a valuable contribution to many fields and provides an insightful resource for educators, families, and communities." * CHOICE *"Hatcher’s Injustice, Inc. provides an entirely new line of inquiry examining the hidden internal juvenile legal practices that center on capturing money— from federal funds to individuals’ income and assets. This book provides a dizzying eye opening deep dive into the juvenile legal system to highlight the strategies and practices which courts, police, prosecutors, probation offices, and confinement institutions use to generate revenue for state and local jurisdictions and even for personal profit." * Social Forces *“Daniel L. Hatcher, in his book Injustice, Inc., describes in detail a frankly apartheid system finely designed to milk every source of revenue from poor children.. He describes ‘factory-like operations’, ‘industrialization of harm’, ‘child support mercenaries’. He quotes official contracts that describe foster children as ‘units’, children as ‘data match algorithms’ for ‘predictive analytics’, and children as a ‘revenue generating mechanism.’ Paraphrasing poet Walt Whitman: ‘Out of the cradle endlessly rocking … [to] death, death, death, death.’” * Counterpunch *Table of ContentsContents Acknowledgments Introduction 1. Crumbling Foundations of Justice 2. Juvenile Courts Monetizing Child Removals 3. Judicial Child Support Factory 4. Prosecuting the Poor for Profit 5. The Probation Business 6. Policing and Profiting from the Poor 7. Bodies in the Beds: The Business of Jailing Children and the Poor 8. Racialized Harm of the Injustice Enterprise Conclusion Notes Selected Bibliography Index

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Book SynopsisEssentially a Mother argues that the law of pregnancy and motherhood has been overrun by sexist ideology. Courts have held that a pregnant woman's nine months of gestation hardly count in her claim to parent the child she bears and that a man's brief moment of ejaculation matters more than a woman's labor. Armed with such dubious arguments, courts have stripped women of the right to abortion, treated surrogate mothers as mere vessels, and handed biological fatherseven those who became fathers through rapeautomatic rights over women and their children. In this incisive and groundbreaking book, Jennifer Hendricks argues that feminists must overthrow the skewed value system that subordinates women, devalues caregiving, and denies too many the right to parent.Trade Review"Comprehensive yet concise. . . . Essentially a Mother arrives just when we need a reminder that it is time to update the values at the basis of American law and that relational feminism shows us how to do it." * Jotwell *"Jennifer Hendricks has done us all a service by problematizing a legal framework that does not respect sexual difference between men and women. In doing so, she gives us the chance to restore both humanity and justice to our law." * Deseret News *Table of ContentsContents Introduction PART ONE SEX DIFFERENCE AND ACCOMMODATION 1 • Mothers at Work 2 • Fathers at Home 3 • What the Law Protects . . . 4 • . . . and Why PART TWO THE COLLAPSE OF THE CARETAKING 5 • Expanding Fathers’ Rights against Mothers 6 • Sidelining Inconvenient Fathers 7 • Leveling Down to Genes PART THREE A FEMINIST APPROACH 8 • How to Reason from the Body 9 • The Body and Beyond Conclusion Timeline of Cases Acknowledgments Notes Bibliography Index

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Book SynopsisEssentially a Mother argues that the law of pregnancy and motherhood has been overrun by sexist ideology. Courts have held that a pregnant woman's nine months of gestation hardly count in her claim to parent the child she bears and that a man's brief moment of ejaculation matters more than a woman's labor. Armed with such dubious arguments, courts have stripped women of the right to abortion, treated surrogate mothers as mere vessels, and handed biological fatherseven those who became fathers through rapeautomatic rights over women and their children. In this incisive and groundbreaking book, Jennifer Hendricks argues that feminists must overthrow the skewed value system that subordinates women, devalues caregiving, and denies too many the right to parent.Trade Review"Comprehensive yet concise. . . . Essentially a Mother arrives just when we need a reminder that it is time to update the values at the basis of American law and that relational feminism shows us how to do it." * Jotwell *"Jennifer Hendricks has done us all a service by problematizing a legal framework that does not respect sexual difference between men and women. In doing so, she gives us the chance to restore both humanity and justice to our law." * Deseret News *Table of ContentsContents Introduction PART ONE SEX DIFFERENCE AND ACCOMMODATION 1 • Mothers at Work 2 • Fathers at Home 3 • What the Law Protects . . . 4 • . . . and Why PART TWO THE COLLAPSE OF THE CARETAKING 5 • Expanding Fathers’ Rights against Mothers 6 • Sidelining Inconvenient Fathers 7 • Leveling Down to Genes PART THREE A FEMINIST APPROACH 8 • How to Reason from the Body 9 • The Body and Beyond Conclusion Timeline of Cases Acknowledgments Notes Bibliography Index

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Book SynopsisIntroduces an expansive vision of the family and a brilliant legal arrangement that will protect the lives of millions of adults. Today, about half of all adults are unmarried. Many of those are in significant relationshipssome intimate, others based in friendship, finances, or family tiesbut the law offers them few protections. Amid the growing recognition that modern families take all shapes, More Than Marriage presents a refreshing vision for the future. With this book, noted family-law expert John G. Culhane takes us on a guided tour of how the march toward marriage equality spun off a number of other legal statuses, and explores how the law has expanded and where it falls short. This lively living history is grounded in relatable, in-depth interviews that give voice to the millions of Americans building family structures outside the protections of marriagewhether by choice, necessity, or exclusion. Culhane proposes an updated legal status that offers flexible and portable Trade Review"An inspired introduction to legal understandings of marriage equality that issues an urgent argument for continued reforms." * Foreword Reviews *"This book about marriage alternatives should appeal to a general audience. Ideal for those interested in domestic law policies." * Library Journal *"Recommended [for] advanced undergraduates through faculty; professionals; general readers." * CHOICE *"Culhane offers a refreshing take on how we might legally enshrine a variety of forms of relationships and intimacies. . . . More Than Marriage will be immersive reading for those interested in the legal recognition of relationships and for imagining new possibilities beyond marriage." * Gender & Society *Table of ContentsList of Tables Preface Introduction: Marriage Equality—an Important but Limited Victory 1. The Dawn of the Domestic Partnership, or "We Bored Them to Death" 2. Civil Unions: Not Marriage, but an Incredible Simulation! 3. The Designated Beneficiary Agreement Act: Colorado's Successful Experiment 4. What Is Marriage, Anyway? (And What Isn't Marriage?) 5. Matching Relationship Law to Reality Notes References Index

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Book SynopsisIntroduces an expansive vision of the family and a brilliant legal arrangement that will protect the lives of millions of adults. Today, about half of all adults are unmarried. Many of those are in significant relationshipssome intimate, others based in friendship, finances, or family tiesbut the law offers them few protections. Amid the growing recognition that modern families take all shapes, More Than Marriage presents a refreshing vision for the future. With this book, noted family-law expert John G. Culhane takes us on a guided tour of how the march toward marriage equality spun off a number of other legal statuses, and explores how the law has expanded and where it falls short. This lively living history is grounded in relatable, in-depth interviews that give voice to the millions of Americans building family structures outside the protections of marriagewhether by choice, necessity, or exclusion. Culhane proposes an updated legal status that offers flexible and portable Trade Review"An inspired introduction to legal understandings of marriage equality that issues an urgent argument for continued reforms." * Foreword Reviews *"This book about marriage alternatives should appeal to a general audience. Ideal for those interested in domestic law policies." * Library Journal *"Recommended [for] advanced undergraduates through faculty; professionals; general readers." * CHOICE *"Culhane offers a refreshing take on how we might legally enshrine a variety of forms of relationships and intimacies. . . . More Than Marriage will be immersive reading for those interested in the legal recognition of relationships and for imagining new possibilities beyond marriage." * Gender & Society *Table of ContentsList of Tables Preface Introduction: Marriage Equality—an Important but Limited Victory 1. The Dawn of the Domestic Partnership, or "We Bored Them to Death" 2. Civil Unions: Not Marriage, but an Incredible Simulation! 3. The Designated Beneficiary Agreement Act: Colorado's Successful Experiment 4. What Is Marriage, Anyway? (And What Isn't Marriage?) 5. Matching Relationship Law to Reality Notes References Index

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Book SynopsisSome people dwell alone, many in family-based households, and an adventuresome few in communes. This book presents the internal dynamics of these and other home arrangements. It explores issues such as the sharing of household output, the control of domestic misconduct, and the ownership of dwelling units.Trade ReviewOne of Choice's Outstanding Academic Titles for 2009 "Robert C. Ellickson defines the household as a voluntary grouping of relatives or non-relatives living under the same roof. As he points out in his engaging study, this pervasive institution has received surprisingly little attention from social theorists... The Household, a short, curious and enjoyable book, provides a novel way of looking at an institution from which very few of us can escape."--Lucy Worsley, Times Literary Supplement "Ellickson's book represents a skillful use of the analytical tools of the law-and-economics movement to understand relations within the household--a complicated machine for living that involves a large number of joint decisions... Ellickson's book pushes us to think more clearly about the benefits and the costs of homeownership. His book makes sense of one of the most striking facts in the homeownership literature: the extremely tight relationship between structure type and ownership... Houses are most Americans' most important asset. They are the stages on which we live our lives. And so housing policy is worthy of intense attention--but until the current crisis housing policy existed in the netherworld of the more unglamorous public pursuits. Perhaps our present-day troubles will create the opportunity to produce better housing policies, or so I hope. Robert Ellickson's ideas can certainly help."--Edward Glaeser, The New Republic "This volume is a tour de force! Ellickson takes the reader on an erudite, highly informative journey through the household in all of its many manifestations and facets... The reader enjoys a catholic view of why households persist; why they are the size they are; how ownership versus rental decisions are made; what motivates adding or shedding household members; and most fascinatingly, how informal norms regulate household occupant behavior with little formal and explicit societal legislation."--D. J. Conger, Choice "Through its methodological synthesis of economic with legal and sociological analysis, this text serves as an important primer on household structures in liberal societies."--Patricia McGee Crotty, Law and Politics Book Review "By pulling together a range of diverse topics and data, the book is thought-provoking. It is dense but readable, and Ellickson presents economic arguments in an accessible way. Reading it challenged (and energized) me to think about the unique contribution of sociological explanations."--Carrie Yodanis, Canadian Journal of SociologyTable of ContentsPreface xi Chapter 1: how households differ from families 1 Chapter 2: household formation and dissolution in a liberal society 10 Three Distinct Relationships that May Exist within a Household 10 Foundational Liberal Rights that Enable Individuals to Fashion Their Own Households 13 Household Surplus and Its Distribution among Members 22 Chapter 3: The predominant strategy : consorting with intimates 27 Favoring Those with Whom One Will Have Continuing Relations 29 Limiting the Number of Persons in the Relationship 32 Favoring Homogeneity of Tastes and Stakes 32 Chapter 4: a historical overview of household forms 35 Occupants of Households: The Predominance of Small, Kin-Based Clusters 35 Owners of Dwelling Units 41 Residential Landlord-Tenant Relationships 44 Chapter 5: are the household forms that endure necessarily best? 46 Utopian Designs of Unconventional Households 46 Possible Imperfections, from a Liberal Perspective, in the Process of Household Formation 47 Is Liberalism Overly Destructive of Solidarity? 51 The Unpromising History of Experiments with Unconventional Household Forms 53 Chapter 6: choosing which of a household's participants should serve as i ts owners 60 Basic Concepts in the Theory of the Ownership of Enterprise 60 Why Suppliers of a Household's At-Risk Capital Tend to End Up Owning It 64 Chapter 7: The mixed blessings of joining with others 76 Adding Co-Occupants 76 Adding Co-Owners 85 Choosing between Owning and Renting a Home 86 Chapter 8: order without law in an ongoing household 92 The Tendency toward Welfare-Maximizing Substantive and Procedural Rules 94 Sources of Household Rules: In General 101 Rules for Co-Occupants 109 Rules for Co-Owners 120 Rules to Govern the Landlord-Tenant Relationship 123 Chapter 9: The challenge of unpacking the household 128 Appendix A: Data on Intentional Communities 137 Appendix B: Data on Co-housing Communities 145 Notes 147 Works Cited 199 Index 237

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Book SynopsisUnfulfilled legal needs are at a tipping point in many parts of the Canadian justice system and around the world. The Justice Crisis assesses what is and isn't working in an effort to improve a fundamental right of democratic citizenship: access to civil and family justice.Meaningful access is often a question of providing pathways to resolving everyday legal issues. The availability of justice services that aren't only tied to the courts and lawyers such as public education on the law, alternative dispute settlement, and paralegal support is therefore an important concern.Contributors to this wide-ranging overview of new empirical research address several key justice issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within tTrade Review"This book is a useful resource on the costs of justice and also lays out some of the challenges in achieving meaningful access to justice." -- Ian Mackenzie * Slaw Magazine *

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Book SynopsisSex, Sexuality, and the Constitution persuasively demonstrates the need to entrench protections for individual sexual autonomy within constitutional law. Table of ContentsIntroduction1 Sexual Autonomy: Sex, Childbirth, and the Constitution2 Sexual Freedom: The Right to Decide One’s Sexual Identity and the Right to Have Sex3 Rape: The Right Not to Be Forced to Have Sex4 Childbirth: The Right to Have a Child5 Abortion: The Right Not to Be Forced to Have a Child6 Sex, Childbirth, and the Government: Sexual Freedom, Freedom of Choice, and Population PolicyConclusionList of Caselaw, Legislation, and TreatiesNotes; Index

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Book SynopsisDemonstrates how parental and sexual identities are formed and interpreted in law, and how gay and lesbian parents can harness indeterminacy to transform family lawTrade Review"You could learn about the law that governs LGBT parents and their children by reading all the 316 reported court opinions about them from the last half centuryor you could read this one book. Through her analysis of majority and dissenting opinions and her interviews with lawyers, judges, and parents, Richman deftly demonstrates that the legal standard & best interests of the child and the terms & family and & parent necessarilyand imperfectlyevolve. The path forward requires understanding where weve been. Thanks to Richman, that path just got a whole lot clearer." -- Nancy D. Polikoff,author of Beyond (Straight and Gay) Marriage: Valuing All Families under the Law"No one has written more comprehendingly or searchingly about the topic of gay and lesbian custody and adoption than Richman. Courting Change is a must-read for scholars, students, and activists interested in family law and lesbian and gay rights." -- Verta Taylor,University of California, Santa Barbara"Richmans extensive archive and innovative approach supplies an instructive guide to how scholars can integrate various approaches to the law to influence judges, legal advocates, and other interested parties" * Law and Politics Book Review *"Richman’s exemplary scholarship reminds us of the incremental gains made by queer advocates and just how much work we have left in front of us." * Law and Politics Book Review *Table of ContentsAcknowledgments Preface: Putting a Face on the Debate 1. Introduction: Situating the Meanings of Marriage 2. The Road to Same-Sex Marriage: The Beginning 3. The Rite as Right: Marriage as Material Right, Marriage as Strategy 4. Marriage as Protest: The Political Dimensions of Marital Motivation 5. Marriage as Validation: Subjects before (and after) the Law 6. Making It Personal: Marriage, Emotion, and Love inside and outside the Law 7. Conclusion: The Multiple Meanings of Marriage Appendix 1: Survey Instrument Appendix 2: Overview of Survey Findings Notes Index About the Author

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Book SynopsisIn this spirit, the Research Handbook on the Economics of Family Law gives us a series of original essays by distinguished scholars in economics, law or both. They have in common one thing: each scholar employs a core economic tool or insight to shed light on some aspect of family law and social institutions broadly understood.Table of ContentsContents: Introduction Lloyd R. Cohen and Joshua D. Wright 1. Is it Just about Love? Factors that Influence Marriage Joseph Price 2. Diverging Family Structure and ‘Rational’ Behavior: The Decline in Marriage as a Disorder of Choice Amy L. Wax 3. Economic Perspectives on Marriage: Causes, Consequences, and Public Policy Robert I. Lerman 4. Trends in Marital Stability Betsey Stevenson and Justin Wolfers 5. The State’s Choice of Divorce Law Michael Hanlon 6. Partnering and Incentive Structures Antony W. Dnes 7. The Anatomy of Canada’s Child Support Guidelines: The Effects, Details, and History of a Feminist Family Policy Douglas W. Allen 8. The Economics of Infant Feeding Tiffany Green and Katherine Dickinson 9. Abortion Access and Risky Sex Jonathan Klick and Thomas Stratmann 10. Prostitution, Technology, and the Law: New Data and Directions Scott Cunningham and Todd D. Kendall 11. A Survey of the Literature on Early Legal Access to the Birth Control Pill and its Influence on Young Women’s Fertility, Education, Career and Labor Supply Melanie Guldi Index

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Book SynopsisA study of the effects of mandatory arrest and no-drop prosecution on offenders. It argues that the promise for defeating intimate partner abuse lies in better matching the tactics of state power to the goals of victim empowerment and offender responsibility and to exercise such force through mechanisms that do not exacerbate social inequality.Trade ReviewThis is an ambitious book that has important implications for our theoretical understanding of the effects of criminal justice interventions on people arrested for domestic violence and for our evaluations of the practical utility of presumptive arrest and prosecution for violence. -- Kristin L. Anderson, Western Washington UniversityI have been working in this general area for more than 30 years and have recently published a book focusing on the criminal justice response to abuse. But, I learned a considerable amount from this book and found myself underlining whole passages to think more about. So it is stimulating, not merely informative. -- Evan Stark, Rutgers UniversityTable of ContentsTable of Contents Acknowledgments Introduction 1: The Practice of Mandatory Arrest 2: The Practice of No-Drop Prosecution 3: Research Participants and Their Violence 4: Abusers' Experiences with Mandatory Arrest and No-Drop Prosecution 5: Abusers' Relation to Violence 6: Change in the Lives of Abusers Conclusion Appendix A: Description of Research Methods Appendix B: Classification of Research Participants Notes Works Cited Index

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