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The Marriage Buyout
From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But as Cynthia Lee Starnes argues ina The Marriage Buyout, alimony is often the only practical tool for ensuring that divorce does not treat todayOCOs primary caregivers as if they were suckers. Her solution is to radically rec...
The Poverty Industry
The shocking truth about how state governments and their private industry partners are profiting from the social programs meant to support disadvantaged Americans Government aid doesn’t always go where it’s supposed to. Foster care agencies team up with companies to take disability and survivor benefits from abused and neglected children. States and their revenue consultants use illusory schemes to siphon Medicaid funds intended for children and the poor into general state coffers. Child support payments for foster children and families on public assistance are converted into government revenue. And the poverty industry keeps expanding, leaving us with nursing homes and juvenile detentio...
Injustice, Inc.
"In Injustice, Inc., Daniel L. Hatcher exposes how justice systems are harnessing America's history of racial and economic inequality into revenue-generating operations. Courts, prosecutors, probation, policing departments, and detention facilities are trading away ethics and justice to churn vulnerable children and adults into an unconstitutional factory enterprise. These justice institutions are entering contracts to make money removing children from their homes, monetizing harm from juvenile delinquency, child welfare and child support proceedings, extorting fines and fees, collaborating with private debt collectors, enforcing unpaid child labor, seizing property, incentivizing arrests and evictions, maximizing occupancy in detention and 'treatment' centers, and more. Hatcher details the disproportionately racialized harm and unconstitutionality of the injustice enterprise, and calls for opened eyes to our justice system failings--to walk a better path toward instilling truth into the words 'Equal Justice Under Law'"--
Social Parenthood in Comparative Perspective
"This interdisciplinary book compares legal responses to social parenthood, exploring how legal systems recognize adults-including same-sex partners, stepparents, nonmarital partners, grandparents, fictive kin, and other caretakers-who are parenting children, but who are not typically treated as legal parents"--
Ending Zero Tolerance
Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. Derek Black weaves stories about individual students, lessons from social science, and the outcomes of courts cases to unearth an irrational system of punishment. While schools and legislatures have proven unable and unwilling to amend their failing policies, Ending Zero Tolerance argues for constitutional protections to check abuses in school discipline and lays out theories by which courts should re-engage to enforce students' rights and support broader reforms.
Children’s Rights and Children’s Development: An Integrated Approach
"This book is a novel, ground-breaking volume bringing together leading scholars of children's rights and child development to explore the connections between the two fields. The book seeks to forge opportunities to deepen understanding about children's rights in light of the scientific research on child development to inform fresh perspectives on research, law, and policy affecting children"--
Family, Law, and Community
In the wake of vast social and economic changes, the nuclear family has lost its dominance, both as an ideal and in practice. Some welcome this shift, while others see civilization itself in peril—but few move beyond ideology to develop a nuanced understanding of how families function in society. In this provocative book, Margaret F. Brinig draws on research from a variety of disciplines to offer a distinctive study of family dynamics and social policy. Concentrating on legal reform, Brinig examines a range of subjects, including cohabitation, custody, grandparent visitation, and domestic violence. She concludes that conventional legal reforms and the social programs they engender ignore social capital: the trust and support given to families by a community. Traditional families generate much more social capital than nontraditional ones, Brinig concludes, which leads to clear rewards for the children. Firmly grounded in empirical research, Family, Law, and Community argues that family policy can only be effective if it is guided by an understanding of the importance of social capital and the advantages held by families that accrue it.
Regulating Morality
The purpose of this volume is to compare the experiences of state efforts to control moral behavior in two countries (The Netherlands and the United States of America) by exploring the historical developments in regulating morality and the contemporary efforts to implement moral policies. The volume opens with an overview of the theoretical and historical setting of the debate about moral developments in the Netherlands and the United States. Various hypotheses are then tested by comparing the histories of prostitution and abortion policies in both countries in the nineteenth and twentieth centuries, the jurisprudence and legislation with respect to euthanasia, and the course and contents of family law (divorce, adoption, homo marriage). Apart from the comparative aspect, these case studies are highly informative and fascinating to read in and by themselves.
Research Handbook on Private Law Theory
This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
