prenuptial agreements and the presumption of free choice issues of power in theory and practice

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Prenuptial Agreements And The Presumption Of Free Choice

Author : Sharon Thompson
ISBN : 9781782255598
Genre : Law
File Size : 61. 79 MB
Format : PDF
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This book provides an alternative perspective on an issue fraught with difficulty – the enforcement of prenuptial agreements. Such agreements are enforced because the law acknowledges the rights of spouses to make autonomous decisions about the division of their property on divorce. Yet this book demonstrates that, in the attempt to promote autonomy, other issues, such as imbalance of power between the parties, become obscured. This book offers an academic and practical analysis of the real impact of prenuptial agreements on the relationships of those involved. Using a feminist and contractual theoretical framework, it attempts to produce a more nuanced understanding of the autonomy exercised by parties entering into prenuptial agreements. This book also draws on an empirical study of the experiences and views of practitioners skilled in the formation and litigation of prenuptial agreements in New York. Lastly, it explores how the court might address concerns regarding power and autonomy during the drafting and enforcement processes of prenuptial agreements, which in turn may enhance the role that 'prenups' can play in the judicial allocation of spousal property on the breakdown of marriage.

Philosophical Foundations Of Children S And Family Law

Author : Associate Professor of Philosophy Elizabeth Brake
ISBN : 9780198786429
Genre :
File Size : 28. 41 MB
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This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.

Global Competition Law And Economics

Author : Einer Elhauge
ISBN : 9781847317674
Genre : Law
File Size : 42. 28 MB
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This is the second edition of the acclaimed text on global antitrust law. With markets becoming increasingly global, mergers requiring approval in several different jurisdictions, cartels in one nation affecting supply in others, and countries increasingly entering into treaties with each other about the content or enforcement of competition laws, antitrust law is now a truly global phenomenon. Modern antitrust law is also different because it now reflects an increasingly economic approach to analysing antitrust and competition policy. This innovative work is the only truly comparative and economically sophisticated casebook on the market. Addressed to students from all jurisdictions having competition laws, this casebook provides an in-depth analysis of the two major global antitrust regimes in the world, as well as a summary of selected national antitrust laws. As such it will also serve as a useful reference for practitioners, competition officials and policy-makers interested in competition law. In the four years since the first edition, the increased globalization of antitrust law has continued apace. China, the world's third largest economy after the EU and US, has adopted an antitrust law and other nations have modified and modernized their antitrust regimes. The EU has adopted a new EU Treaty, new EU guidelines on abuse of dominance, new EU guidelines on non-horizontal mergers, and new EU regulations and guidelines on vertical agreements. In the US there have been important new Supreme Court cases (the 2009 Linkline and 2010 American Needle decisions) and the appearance of a new economic approach in the revised 2010 U.S. Merger Guidelines. This new edition expands and updates the pioneering approach of the first edition, addressing new developments not only in the US and EU, but also in Australia, Brazil, Canada, Israel, Japan, South Africa, and South Korea, with expanded coverage of China's new antitrust law, and the antitrust laws of Argentina, Chile, Colombia, Egypt, India, Indonesia, New Zealand, Peru, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey, and Venezuela. Praise for the first edition '...worthy of considerable praise...contains a vast collection of well-chosen material taking in a wide span of both antitrust and merger law issues. It is well written and clear throughout, particularly on the economic concepts, and provides incisive commentary and questions which inspire further study.' Peter Whelan, Cambridge Law Journal 'Enlightened law professors and law schools will best serve their students not by teaching national competition law but by adopting Global Competition Law and Economics...an excellent book for introductory courses in comparative competition law at either a graduate or undergraduate level.' Okeoghene Odudu, Common Market Law Review '...the best four-and-a-half centimetres of shelf-space that I have seen devoted to competition law and policy issues for a very long time†?.' Yvonne van Roy, New Zealand Law Journal 'Free from the ideologically-driven perspective that can affect other antitrust casebooks, this is also the first casebook organized from inception with an eye directly on the global context...this book may be used in a classroom in Europe just as it will be used in the U.S. The result is a highly welcome contribution to the evolution of competition studies.' Judge Douglas Ginsburg '...this book is the only one on the market that is extremely well suited for use in a comparative antitrust law class...an extraordinarily teachable book that contains everything you might want to present...Finally, the comparative antitrust field has a standard textbook to use. And a wonderful standard it is.' Robert H Lande, University of Baltimore Law School

Research Handbook On Law And Religion

Author : Rex Ahdar
ISBN : 9781788112475
Genre : Law
File Size : 59. 21 MB
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Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.

Nudge

Author : Richard H. Thaler
ISBN : 9781101655092
Genre : Business & Economics
File Size : 57. 90 MB
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From the winner of the 2017 Nobel Prize in Economics, Richard H. Thaler, and Cass R. Sunstein: a revelatory look at how we make decisions—for fans of Malcolm Gladwell’s Blink and Daniel Kahneman’s Thinking Fast and Slow New York Times bestseller Named a Best Book of the Year by The Economist and the Financial Times Every day we make choices—about what to buy or eat, about financial investments or our children’s health and education, even about the causes we champion or the planet itself. Unfortunately, we often choose poorly. Nudge is about how we make these choices and how we can make better ones. Using dozens of eye-opening examples and drawing on decades of behavioral science research, Nobel Prize winner Richard H. Thaler and Harvard Law School professor Cass R. Sunstein show that no choice is ever presented to us in a neutral way, and that we are all susceptible to biases that can lead us to make bad decisions. But by knowing how people think, we can use sensible “choice architecture” to nudge people toward the best decisions for ourselves, our families, and our society, without restricting our freedom of choice. More than 750,000 copies sold

Unleashing The Force Of Law

Author : Devyani Prabhat
ISBN : 9781137455758
Genre : Law
File Size : 47. 86 MB
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An interdisciplinary, comparative study of the work of lawyers for civil liberties and basic freedoms, integrating socio-legal theoretical frameworks with insights from political lawyering and social movement literature, in order to trace the professionalization of human rights work and analyse the possibilities and limitations of the rule of law.

The Economics Anti Textbook

Author : Rod Hill
ISBN : 9781848138292
Genre : Business & Economics
File Size : 32. 22 MB
Format : PDF
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Mainstream textbooks present economics as an objective science free from value judgements; that settles disputes by testing hypotheses; that applies a pre-determined body of principles; and contains policy prescriptions supported by a consensus of professional opinion. The Economics Anti-Textbook argues that this is a myth - one which is not only dangerously misleading but also bland and boring. It challenges the mainstream textbooks' assumptions, arguments, models and evidence. It puts the controversy and excitement back into economics to reveal a fascinating and a vibrant field of study - one which is more an 'art of persuasion' than it is a science. The Economics Anti-Textbook's chapters parallel the major topics in the typical text, beginning with a boiled-down account of them before presenting an analysis and critique. Drawing on the work of leading economists, the Anti-Textbook lays bare the blind spots in the texts and their sins of omission and commission. It shows where hidden value judgements are made and when contrary evidence is ignored. It shows the claims made without any evidence and the alternative theories that aren't mentioned. It shows the importance of power, social context and legal framework. The Economics Anti-Textbook is the students' guide to decoding the textbooks and shows how real economics is much more interesting than most economists are willing to let on.

Principles Of The Law Of Family Dissolution

Author :
ISBN : STANFORD:36105060847659
Genre : Law
File Size : 56. 28 MB
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Sex In Question

Author : Lisa Adkins
ISBN : 9781135746841
Genre : Social Science
File Size : 68. 65 MB
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First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

Marriage As It Was As It Is And As It Should Be

Author : Annie Besant
ISBN : HARVARD:HN2C3L
Genre : Great Britain
File Size : 23. 99 MB
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