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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Family Law in America 2nd ed


ISBN13: 9780199759224
Previous Edition ISBN: 0199264341
Published: November 2014
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: Out of print
Paperback edition out of print, ISBN13 9780190465346




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For many years family law was viewed as a study of the regulation of clearly defined relationships of husband and wife and parent and child. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage.

In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes, and the legal recognition of same-sex marriage in some jurisdictions.

It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse. It also examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how new assisted reproductive technologies are having an impact on family formation, particularly adoption, to take into account new family forms.

This second edition captures recent developments affecting family law in America, including the transformation of the institution of marriage from being a relationship between a man and a woman to encompassing same-sex marriage. Also, this new edition features timely material with insights into adoption that take into account developments in assisted reproduction technologies and the discussion of sexual abuse of children by clergy.

Subjects:
Other Jurisdictions
Contents:
Table of Cases
Preface and Acknowledgments to the First Edition
Preface and Acknowledgments to the Second Edition
Introduction
1. Friendship, Marriage-Like Relationships, and Informal Marriage
2. Marriage
3. Divorce
4. Child Protection
5. Adoption
Appendices
Uniform Marriage and Divorce Act
Uniform Pre-Marital Agreement Act
Uniform Parentage Act
Uniform Putative and Unknown Fathers Act
Uniform Child Custody Jurisdiction Act
Uniform Child Custody Jurisdiction and Enforcement Act
Parental Kidnapping Prevention Act
Bibliography
Index