Systematic Analysis in Dispute Resolution

By Stuart S. Nagel; Miriam K. Mills | Go to book overview

CHAPTER 6
Legal Rules, Bargaining, and Transactions Costs: The Case of Divorce

MARGARET F. BRINIG AND MICHAEL V. ALEXEEV

For almost ten years, legal commentators have been aware of the possibility of applying economic bargaining principles to the problems of negotiations at the time of divorce. 1 Although some cases and journal articles have mentioned the Mnookin and Kornhauser article suggesting that custodial time and financial assets might be exchanged, 2 attempts to apply the analysis have been confined to description. No one has attempted an empirical study to see if there really are trade-offs between custodial time and marital assets at the time of divorce, and there has been no formal model describing the process. 3 Furthermore, there has been no analytical discussion of what happens when the legal rules change, 4 either in terms of the outcomes of bargaining or in terms of the transactions costs of the process. On the other hand, there has been much attention devoted to the plight of single women with children in the era of no-fault divorce. 5

This chapter will attempt to fill the gap in the existing literature by examining the bargaining process that resolves the issues involved in divorce in the overwhelming majority of cases. 6 It will investigate the jurisprudential consequences of such a system in terms of "result" versus "rule equality," 7 and will discuss the effects of changes in the law on the resulting allocations and the extent that the parties use the court system. The authors' results suggest that trading does exist, and that changes in rules regarding grounds for divorce, alimony, property, and child custody affect not only the results reached, but also the procedures and transactions costs involved in reaching them.

There is undoubtedly a significant amount of bargaining between the divorcing spouses that occurs before the legal proceedings. 8 In fact, the legal agreement that becomes a court decree is nearly always merely a ratification of the

-91-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Systematic Analysis in Dispute Resolution
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 292

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.