No-fault Divorce: What Went Wrong?Routledge, 2019. gada 4. marts - 232 lappuses Since 1970, all the states adopted no-fault divorce statutes, which have had the unexpected effect of producing dire financial conditions for many divorced women and their children. In this important study, economist and lawyer Allen Parkman shows how no-fault divorce has systematically operated against the interests of these women and children. With rare economic and legal insight, Parkman argues that by changing the grounds for divorce without changing the laws that define and allocate property at divorce, the legal system created substantial injustices. The key mistake, he suggests, was in accepting a definition of property that did not include the income-earning capacity--human capital--of the individuals involved. Using human capital theory, Parkman criticizes current divorce law and presents a framework for reform that would reduce the injustices introduced by no-fault divorce. He concludes that a thorough reform, however, may require the changing of the grounds for divorce to mutual consent. This book is essential reading for scholars, professionals, and, indeed, for anyone interested in the health and future of the family and the well-being of women in contemporary U.S. society. |
No grāmatas satura
1.–5. rezultāts no 13.
. lappuse
... business goodwill, an intangible asset of a smoothly functioning business, professional goodwill was something new to me. The appraisal of professional goodwill presented many difficult questions. What was professional goodwill worth ...
... business goodwill, an intangible asset of a smoothly functioning business, professional goodwill was something new to me. The appraisal of professional goodwill presented many difficult questions. What was professional goodwill worth ...
. lappuse
... career of their husbands, had not been subjected to close scrutiny under fault divorce because of the prevalence of negotiated settlements. The courts reacted to this situation by creating ad hoc concepts such as professional goodwill ...
... career of their husbands, had not been subjected to close scrutiny under fault divorce because of the prevalence of negotiated settlements. The courts reacted to this situation by creating ad hoc concepts such as professional goodwill ...
. lappuse
... business goodwill. Courts and legislatures also have considered whether intangible items such as degrees, licenses, and the goodwill of professionals should be added to the list of property. Still, the definition of property has not ...
... business goodwill. Courts and legislatures also have considered whether intangible items such as degrees, licenses, and the goodwill of professionals should be added to the list of property. Still, the definition of property has not ...
. lappuse
... professional goodwill" that was one of the attempts by the courts to create property to allocate to wives. See Allen M. Parkman, "The Treatment of Professional Goodwill in Divorce Proceedings," Family Law Quarterly, Vol. 18, No. 2 ...
... professional goodwill" that was one of the attempts by the courts to create property to allocate to wives. See Allen M. Parkman, "The Treatment of Professional Goodwill in Divorce Proceedings," Family Law Quarterly, Vol. 18, No. 2 ...
. lappuse
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Saturs
Notes | |
The Introduction of NoFault Divorce Statutes | |
The Impact of NoFault Divorce | |
The Reform of NoFault Divorce | |
References | |
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agreements alimony arrangements at divorce assets awards benefits California child support common law community property compensation contract law costs of divorce couples courts decisions definition of property dissolution divorce rate Divorce Reform Divorce Revolution divorced spouse divorced women economists effect of marriage effect of no-fault efficient breaches Elizabeth Peters employment expected Family Law Quarterly fault divorce fault grounds financial arrangements financial settlements future earnings gains from marriage grounds for divorce Hayes household commodities household production human capital husband Ibid incentive income income-earning increase incurred individuals introduction of no-fault investments Journal labor force Law Review marital property Marriage and Divorce married women Mary Ann Glendon mutual consent negotiating power no-fault divorce laws no-fault grounds occur parties percent production possibility frontiers professional goodwill property settlements recognize reduced result separate property specialize in household specific performance spouse's substantial tend wages Weitzman welfare wife wives