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The key role of "incentives" in family law is considered in this economic approach to family law. The book discusses the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior ...

The key role of "incentives" in family law is considered in this economic approach to family law. The book discusses the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior. Economists, specialists in the economic analysis of law, and academic lawyers discuss recent advances in specialized studies of marriage, cohabitation, and divorce. This important new work will be of considerable interest to lawyers, policy-makers and economists concerned with family law.

Contemporary marriage involves complex notions of both connection and freedom. On the one hand, spouses are members of a shared community, while on the other they are discrete individuals with their own distinct interests. Alone Together explores the ways in which law seeks to accommodate tensions ...

Contemporary marriage involves complex notions of both connection and freedom. On the one hand, spouses are members of a shared community, while on the other they are discrete individuals with their own distinct interests. Alone Together explores the ways in which law seeks to accommodate tensions between commitment and freedom in marriage. Author Milton Regan suggests that only close attention to context can guide us in deciding what weight to assign to each dimension of spousal identity in a given setting. This interdisciplinary work has relevance to family law, family studies, feminist legal theory, and the debate between liberal and communitarian social theorists.

" This book provides the kind of scholarly resource that educated citizens need to think for themselves, a rich digest of primary sources documenting--in their own words--the views, motives, and intentions of the Framers, historic commentators, legislators, and judiciary who have debated the right ...

" This book provides the kind of scholarly resource that educated citizens need to think for themselves, a rich digest of primary sources documenting--in their own words--the views, motives, and intentions of the Framers, historic commentators, legislators, and judiciary who have debated the right to keep and bear arms from the origins of our republic." Preston K. Covey Carnegie Mellon University Beginning with its origins in the English Civil War, Clayton Cramer traces the development in the United States of "the right to keep and bear arms"--through the Constitutional Convention, the ratification debates that followed, its inclusion by Congress in the Bill of Rights, to the present controversy over gun control. This book provides important background, analysis, documentation, and perspective for the ongoing national debate over arms.

Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast ...

Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.