Family & Personal Law

Preglimony

Shari Motro - University of Richmond School of Law

We have alimony. We have palimony. Why don’t we have preglimony? Why don’t we recognize that when a woman gets pregnant with a man to whom she is not married, the pregnancy should be both parties’ responsibility?
I’m not talking about what happens if the pregnancy ultimately produces a child.… Read More »

Welfare Family Caps and the Zero-Grant Situation

Christopher Dinkel

I. Introduction
President Clinton enacted “welfare reform” when he signed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which abolished Aid to Families with Dependent Children (AFDC) and created Temporary Assistance for Needy Families (TANF).  PRWORA greatly scaled back the extent of federal welfare assistance and passed… Read More »

Same-Sex Second-Parent Adoption and Intestacy Law: Applying the Sharon S. Model of “Simultaneous” Adoption to Parent–child Provisions of the Uniform Probate Code

Jason Beekman

Sarah, an eight-year-old girl, could not wait for her third-grade field trip to the Museum of Natural History.  Best of all, her mother, Jill, who normally worked both a full-time job during the week and a part-time job on the weekend, took the day off to chaperone the trip.  Just… Read More »

The Price of Pleasure

Shari Motro - University of Richmond School of Law

A woman who becomes pregnant with a man to whom she is not married is essentially on her own. If she chooses to terminate the pregnancy, the man owes her nothing. If she takes the pregnancy to term, the man may be required to contribute to prenatal and birthing medical… Read More »

Procreation, Harm, and the Constitution

Carter Dillard - Animal Legal Defense Fund

Introduction
This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances?  Second, can the state justify a legal prohibition on… Read More »

Recognizing Equity Problems in the Taxation of Cross-Border Workers

Ruth Mason - University of Connecticut School of Law

Suppose a Belgian resident earns all of his income in Germany. Under the Belgian-German tax treaty and Belgian law, only Germany would tax his income. But which country should grant him personal tax benefits—things like mortgage interest deductions and charitable deductions? Where a worker lives in one country but works… Read More »

Pregnancy, Work, and the Promise of Equal Citizenship

Joanna L. Grossman - Hofstra University School of Law

Can women capture the benefits of equal citizenship in a legal system that does not mandate accommodations for pregnant workers?  This Article argues that they cannot.  Current pregnancy discrimination law, which bases the right to work on full capacity, systematically deprives women of equal opportunity to make use of their… Read More »

The Rights of Immigrants: An Optimal Contract Framework

Adam B. Cox & Eric A. Posner

It is bedrock policy that the government can treat citizens and noncitizens differently. Virtually no one believes that noncitizens should have the right to vote or to run for office. Many noncitizens—including tourists, business people, and the spouses of certain visa holders—do not even have the right to work or… Read More »

Protecting Them from Themselves: The Persistence of Mutual Benefits Arguments for Sex and Race Inequality

Jill Elaine Hasday - University of Minnesota Law School

Defenders of sex and race inequality often contend that women and people of color are better off with fewer rights and opportunities. This claim straddles substantive debates that are rarely considered together, linking such seemingly disparate disputes as the struggles over race-based affirmative action, antiabortion laws, and marital rape exemptions.… Read More »

Mandatory Reassignment under the ADA: The Circuit Split and Need for a Socio-Political Understanding of Disability

Nicholas A. Dorsey - J.D. Candidate, Cornell Law School

Congress designed the Americans with Disabilities Act of 1990 (ADA) to ensure that the disabled have equal access to employment opportunities, government services, and other public accommodations.  While most antidiscrimination statutes simply ban decisions based on class status, such as race or gender, the ADA requires entities to take affirmative… Read More »