This draft book chapter, prepared as part of a symposium on The 100-Year Life by Linda Gratton and Andrew Scott, reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, and definition of family law, but that families will continue to function as the primary setting for intimacy and for caregiving and caretaking, whatever form those families take. Further, the importance to both individual and social welfare of family support throughout life points to a need for reform of current family law doctrine. The impact of longer life on doctrines regulating the relationship of parents and minor children is likely to be modest, but doctrinal and policy reforms will be needed to support individuals in following their preferences for intimacy and security in old age -- as will reforms to the minimal role of the state in promoting security for individuals in different family forms and of differing socioeconomic status. We suggest general goals for law reform and offer specific proposals.
Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law, has often observed that the...
This Article considers the interaction between marriage, households, and public welfare-type benefits. In light of constant cultural and media...
Singlehood is becoming an increasingly important social identity category. Thousands of people are members of Facebook groups such as I am my Own...
Scores of lawsuits have pushed retirement plan sponsors to shorter, easier-to-navigate menus, but – as Ian Ayres and Quinn Curtis argue in this work –...
Family law is for young people. To facilitate child rearing and help spouses pool resources over a lifetime, the law obligates parents to minor...
The recently enacted Respect for Marriage Act is important bipartisan legislation that will protect same-sex marriage should the Supreme Court...
The price of exit influences the terms of intimate relationships—and constitutes an important factor in distinguishing committed from contingent...
In the introduction to her book, Kristin Henning writes: “We live in a society that is uniquely afraid of Black children.” (P. xv.)
The Rage of...
Parentage agreements are proliferating. In a fertility clinic, an egg donor, sperm donor, and gestational surrogate may agree to waive their parental...