front cover of Family Law Reimagined
Family Law Reimagined
Jill Elaine Hasday
Harvard University Press, 2014

One of the law’s most important and far-reaching roles is to govern family life and family members. Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds. Yet despite its significance, the field remains remarkably understudied and poorly understood both within and outside the legal community.

Family Law Reimagined is the first book to evaluate the canonical narratives, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles. These stories contend that family law is exclusively local, that it repudiates market principles, that it has eradicated the imprint of common law doctrines which subordinated married women, that it is dominated by contract rules permitting individuals to structure their relationships as they choose, and that it consistently prioritizes children’s interests over parents’ rights. In this book, Jill Elaine Hasday reveals how family law’s canon misdescribes the reality of family law, misdirects attention away from the actual problems that family law confronts, and misshapes the policies that legal authorities pursue. She demonstrates how much of the “common sense” that decisionmakers expound about family law actually makes little sense.

Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform. Challenging conventional answers and asking questions that judges and lawmakers routinely overlook, it calls on us to reimagine family law.

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front cover of Not Just Roommates
Not Just Roommates
Cohabitation after the Sexual Revolution
Elizabeth H. Pleck
University of Chicago Press, 2012

The late twentieth century has seen a fantastic expansion of personal, sexual, and domestic liberties in the United States. In Not Just Roommates, Elizabeth H. Pleck explores the rise of cohabitation, and the changing social norms that have allowed cohabitation to become the chosen lifestyle of more than fifteen million Americans.

Despite this growing social acceptance, Pleck contends that when it comes to the law, cohabitors have been, and continue to be, treated as second-class citizens, subjected to discriminatory laws, limited privacy, a lack of political representation, and little hope for change. Because cohabitation is not a sexual identity, Pleck argues, cohabitors face the legal discrimination of a population with no group identity, no civil rights movement, no legal defense organizations, and, often, no consciousness of being discriminated against. Through in-depth research in written sources and interviews, Pleck shines a light on the emergence of cohabitation in American culture, its complex history, and its unpleasant realities in the present day.

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