Posts Tagged ‘divorce’

March 18 roundup

  • “The FAA Says You Can’t Post Drone Videos on YouTube” [Vice] Agency rethinking position following outcry? [Photography Is Not a Crime]
  • Rep. Jackie Speier (D-Calif.) proposes bill directing Consumer Product Safety Commission (CPSC) to issue safety rules for detergent pods [Paula Bolyard, Heartland, quotes me; earlier] Bonus: Lenore Skenazy on CPSC zipper hooded sweatshirt recall;
  • New Jersey high court — Gov. Christie’s appointees included — will now take over direct enforcement of court’s previous decisions (“Mount Laurel”) requiring towns to adopt low-income housing quotas [Bergen County Record, earlier]
  • Bureau of Indian Affairs revises federal guidelines on Indian Child Welfare Act, and a nonprofit group of adoption attorneys says that not only were it and other stakeholder groups not consulted, but “entire sections” of the revision “completely disregard the best interest of children,” something ICWA alas encourages by its text [American Academy of Adoption Attorneys, earlier]
  • Should winning class action plaintiff lawyers be able to mark up their expenses, such as photocopying, as two law professors propose? [Andrew Trask last year]
  • “Attorney who appeared in more than 3,000 asbestos cases disbarred … ‘Excuse Man’ also loses license” [Chamber-backed Madison-St. Clair Record]
  • If you see an online ad for $199 divorce, maybe think twice before giving them your debit card info over the phone [KTVK, Phoenix]

May 5 roundup

Could we undo the no-fault divorce revolution if we tried?

Megan McArdle has some thoughts on the role of changing divorce law among a broader shift of social mores and expectations on marriage, cohabitation, and childbearing in and out of wedlock.

Note, however, that reformers might take an interest in reconsidering the no-fault revolution from many motives other than a simple wish to discourage the rate of divorce across the board. (Contrary to some imaginings, critics of no-fault are a diverse crew, including social scientists, economists, lawyers and judges writing from secular, liberal, and classical-liberal as well as religious-conservative standpoints.) Some see no-fault as deficient in fairness in deciding between the claims of offending and innocent spouses. Some worry that it results in a first-mover advantage in favor of whichever spouse initiates the unraveling of a marriage (by removing assets, for example) and that such an advantage might have destructive effects if not corrected for in some way. And while (as McArdle argues) an expectation of marriage as being a hassle to leave might discourage entry into the institution, it is also possible that an expectation of it as being easily dissolved and lacking in real security might discourage entry by other persons.

“No-fault,” incidentally, may not be the most accurate term for the new system (“unilateral” would be more precise, sometimes combined with “relatively speedy”). While fault as such in contested cases may be kicked out the front door, it very often comes back in through the window in the form of arguments about parental fitness, appropriate asset division and other issues that are still open for argument in court.

April 4 roundup

Massachusetts alimony reform, a year later

“The new law, which went into effect March 1, 2012, was hailed as the most dramatic reform in family law in decades and as a model nationwide, with alimony based on need. Unanimously approved by the Massachusetts Legislature, it curbs lifetime payments and sets specific time limits on alimony for marriages of 20 years or less.” So is it working? Bizarre cases and seemingly unreasonable spousal burdens persist: “the law, while a clear improvement, hasn’t been the hoped-for panacea.” [Bella English, Boston Globe]