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Book
The marriage buyout
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ISBN: 0814708471 9780814708477 9780814708248 0814708242 Year: 2014 Publisher: New York

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Abstract

From divorce court to popular culture, alimonyis a dirty word. Unpopular and rarely ordered, the awards are frequentlyinconsistent and unpredictable. The institution itself is often viewed as anhistorical relic that harkens back to a gendered past in which women lacked theeconomic independence to free themselves from economic support by their spouses.In short, critics of alimony claim it has no place in contemporary visions ofmarriage as a partnership of equals. But as Cynthia Lee Starnes argues in TheMarriage Buyout, alimony is often the only practical tool for ensuring that divorce does not treattoday’s primary caregivers as if they were suckers. Her solution is toradically reconceptualize alimony as a marriage buyout.Starnes’s buyouts draw on a partnership model of marriage that reinforcescommunal norms of marriage, providing a gender-neutral alternative to alimonythat assumes equality in spousal contribution, responsibility, and right. Herquantification formulae support new default rules that make buyouts morecertain and predictable than their current alimony counterparts. Looking beyondalimony, Starnes outlines a new vision of marriages with children, describing aco-parenting partnership between committed couples, and the conceptual basisfor income sharing between divorced parents of minor children. Ultimately,under a partnership model, the focus of alimony is on gain rather than loss andequality rather than power: a spouse with disparately low earnings isn’t asucker or a victim dependent on a fixed alimony payment, but rather an equalstakeholder in marriage who is entitled at divorce to share any gains themarriage produced.


Book
Buying a bride
Author:
ISBN: 9780814771815 0814771815 9781479882830 1479882836 1479821322 Year: 2016 Publisher: New York

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There have always been mail-order brides in America--but we haven't always thought about them in the same ways. In Buying a Bride, Marcia A. Zug starts with the so-called "Tobacco Wives" of the Jamestown colony and moves all the way forward to today's modern same-sex mail-order grooms to explore the advantages and disadvantages of mail-order marriage. It's a history of deception, physical abuse, and failed unions. It's also the story of how mail-order marriage can offer women surprising and empowering opportunities. Drawing on a forgotten trove of colorful mail-order marriage court cases, Zug explores the many troubling legal issues that arise in mail-order marriage: domestic abuse and murder, breach of contract, fraud (especially relating to immigration), and human trafficking and prostitution. She tells the story of how mail-order marriage lost the benign reputation it enjoyed in the Civil War era to become more and more reviled over time, and she argues compellingly that it does not entirely deserve its current reputation. While it is a common misperception that women turn to mail-order marriage as a desperate last resort, most mail-order brides are enticed rather than coerced. Since the first mail-order brides arrived on American shores in 1619, mail-order marriage has enabled women to improve both their marital prospects and their legal, political, and social freedoms. Buying A Bride uncovers this history and shows us how mail-order marriage empowers women and should be protected and even encouraged.

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