Family Law in America - Softcover

Katz, Sanford N.

Softcover

ISBN 10: 0199795363 ISBN 13: 9780199795369

Publisher: Oxford University Press, 2011

For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed.

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. 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 and 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 additional models are being developed to take into account new family forms.

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About the Author:

Professor Sanford N. Katz, the inaugural holder of The Darald and Juliet Libby Chair, joined the Boston College Law School faculty in 1968 and teaches Family Law and Contracts. The Darald and Juliet Libby Chair is in honor of Michael G. Pierce, S.J.

Professor Katz has served as Chairman of the Family Law Section of the American Bar Association, President of the International Society of Family Law and Editor-in Chief of the Family Law Quarterly. He is a member of various editorial boards of journals and, in addition to his published articles and books, has been the chief drafter of model child welfare legislation for the federal government.

Review:

"Sanford Katz is one of a small group of still-active law professors who have written and taught in the field of family law for forty years or more. His long and varied experience has added special and valuable dimensions to his new book. Not designed simply as a history, it reflects the view that to understand contemporary family law fully, one must be familiar with the major shifts that occurred during the second half of the twentieth century."--Walter Wadlington, Family Court Review "Excellent, stimulating, and highly readable.... Family Law in America is not only indispensable for anyone seeking a conspectus of the law in the 50 States but for anyone who has a serious interest in the development of law and policy."--Stephen Cretney, International Journal of Law, Policy and the Family "Serves as a thoughtful statement of modern American family law This book is very useful for foreign lawyers and scholars interested in a readable study of this branch of American law. However, I also recommend in American law students and to non-family law practitioners looking for analysis of and insight into a dynamic area of legal practice and issues of importance in contemporary society. I highly recommend Professor Kats's book for domestic relation practitioners looking for a broader perspective than they can otherwise develop from their own narrow daily practice and experience."--Massachusetts Law Review "Family Law in America is a clear, concise, and detailed summary of modern developments in family law that combines legal analysis with social science research. Practitioners and social scientists will find this work a valuable supplement to the technical approach taken by most legal textbooks."--Law and Politics Book Review

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