Sessions Information

  • January 9, 2016
    1:30 pm - 3:15 pm
    Session Type: Section Programs
    Session Capacity: 250
    Hotel: New York Hilton Midtown
    Room: Gramercy West
    Floor: Second Floor
    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. 
Session Speakers
Wayne State University Law School

Washington University in St. Louis School of Law
Speaker from a Call for Papers

University of North Carolina School of Law

University of St. Thomas School of Law

University of Florida Fredric G. Levin College of Law
Speaker from a Call for Papers

Session Fees
  • 6380 Family and Juvenile Law: $0.00