The panel will explore the private/public distinction in family law. While “privacy” in family law typically connotes thoughts of reproductive rights, notions of private decision-making are prominent in other areas as well, including pre- and post- marital agreements. At the dissolution of a relationship, how much freedom should a couple have to construct a child custody plan without state input? Should a court always be permitted to second-guess parents' decisions based on a “best-interests” standard or should parents’ mutual decision control? Should parties be permitted to determine the financial terms of any separation agreement, perhaps even avoiding having a court review the agreement at all? Or is there a continuing mandatory role for judicial review and oversight, at least for the purpose of protecting weaker parties from abuse—but perhaps also to prevent parties from overreaching, or to promote a certain set of “goods” that the state favors at dissolution of a relationship? The panel will discuss how “contracting” may further or hinder certain goals of individuals, the state, and perhaps sub-state religious or cultural communities, and may also discuss private/public in other areas such as assisted reproductive technology (ART), cohabitation agreements, and the roles within education and child-rearing.
Business meeting at program conclusion.