Papers by Margaret Ryznar
The Social History of the American Family: An Encyclopedia, 2014
The Social History of the American Family: An Encyclopedia, 2014
The Social History of the American Family: An Encyclopedia, 2014
The Social History of the American Family: An Encyclopedia, 2014
A child pushes his grandmother on a plastic scooter. Grandparents often play an important role in... more A child pushes his grandmother on a plastic scooter. Grandparents often play an important role in their grandchildren's lives, and grandparents' rights become particularly important when grandparents want to remain in this role after the family unit separates. By the mid-1990s, every state had a statute that permitted grandparents to seek visitation.
The Social History of the American Family: An Encyclopedia, 2014
SSRN Electronic Journal, 2000
In the comparative context, this article considers the treatment, upon divorce, of commingled pro... more In the comparative context, this article considers the treatment, upon divorce, of commingled property — marital property mixed with the separate property of spouses. In the United States, separate property becomes commingled, and therefore marital property, if these two property types are mixed together such that they lose their identities. Exceptions to this general rule include if the separate property significantly outweighs the marital property being commingled, or if the commingled property can be traced to separate property by clear and convincing evidence. In Poland, different rules govern, and, after considering these two country’s approaches, this article offers comparative conclusions and guidelines for legislators.
The increasing popularity of cohabitation, as manifested in the recent American and Polish census... more The increasing popularity of cohabitation, as manifested in the recent American and Polish censuses, has introduced various issues to the courts and legislatures in each country - among the most important being the protection of cohabitants after an unsuccessful cohabitation. However, neither country has recognized a comprehensive law on cohabitation, instead permitting cohabitation agreements and unjust enrichment theories to govern the termination of the cohabitation. Many issues, furthermore, are treated collaterally by the law through, for example, paternity laws. Although there are certain disadvantages to such an approach to cohabitation, these shortfalls need to be balanced against the consequences of the increased regulation of cohabitation. This Article considers these various issues, offering a comparative perspective to the discussion regarding cohabitation law.
The Board of Governors of the Federal Reserve has recently promulgated an “ability to pay” rule u... more The Board of Governors of the Federal Reserve has recently promulgated an “ability to pay” rule under the CARD Act that prevents many stay-at-home mothers and homemakers from opening sole-account credit cards. This rule requires credit card issuers to consider only a person’s independent income, and not the household’s income, when underwriting credit cards. However, in addition to keeping credit cards away from young adults, the intended purpose of the CARD Act, this “ability to pay” rule problematically does the same for a larger group of people: non-income earning spouses, which include stay-at-home mothers and homemakers. Given the conflict between this rule and the law’s typical treatment of spouses as one economic unit — and given the significantly negative effects of the rule on many women due to the importance of access to the credit card market — the rule requires immediate reconsideration. The result should be an amended rule that recognizes the non-income earning spouse’s financial participation in the household.
There is currently an area in the criminal law — the application of murder statutes to infanticid... more There is currently an area in the criminal law — the application of murder statutes to infanticide cases — that has notably inconsistent sentences, which range from parole to the death penalty. Many judges have remarked on the risks of inconsistent sentencing, and the criminal system has generally avoided such sentencing consistencies. Without recommending a particular sentence, and in the interest of sentencing consistency, this article suggests the statutory separation of infanticide from general murder, as is done in England. The family law perspective of this article, a unique viewpoint in the area of criminal law, supports this proposition.
This article considers the harmonization of matrimonial property law in the United States and the... more This article considers the harmonization of matrimonial property law in the United States and the European Union. In the United States, family law is within the domain of the individual states, which have adopted different approaches to matrimonial property law. Although uniform model legislation has been proposed, federalism, or the balance of power between the states and the federal central authority, ultimately facilitates the differences among the states' approaches to this issue. In the European Union, family law is regulated on the level of individual countries as well. Nonetheless, there have been recent efforts within the European Union to achieve greater harmonization of matrimonial property law, particularly in light of the many matrimonial property regimes currently in existence. Therefore, by considering this issue in the comparative context, this article seeks to offer insights into the methods and consequences of the harmonization of matrimonial property law.
This 2005 paper evaluates the Lisbon Strategy that aimed to transform the European Union into the... more This 2005 paper evaluates the Lisbon Strategy that aimed to transform the European Union into the world’s most dynamic and competitive economy between the years 2000 and 2010. The paper notes that the European Union is not meeting the strategy’s goals due to a sluggish internal market, lack of reform in national labor markets, and the failure to maximize trade relations. For a better chance of success, the European Union requires better enforcement mechanisms and the Lisbon Strategy needs to become a national priority in individual member countries.
The Polish rules on the administration of marital common property underwent significant changes i... more The Polish rules on the administration of marital common property underwent significant changes in 2005. Previous regulations, having their roots in the pre-1989 communist regime of Poland, appeared insufficient for the current capitalist economy and today’s dynamically developing society. The previous management of common property, based on the unclear dichotomy between ordinary and extraordinary actions, created practical judicial problems and undermined the stability of legal relationships established without the consent of the other spouse. The new law, based on the general principle of self-management except for particularly important actions, seems preferable, although it is not completely free of shortcomings and still requires periodic review. This article describes the most notable differences between the old and new rules on the administration of common marital property, and introduces readers to the field of the administration of common property pursuant to the relevant new regulations.
Although family law requires parents to support their minor children, the question of post-majori... more Although family law requires parents to support their minor children, the question of post-majority support – or child support for adult children – is entirely different. Some states permit this type of child support, while others do not. Those affected by this divergence in approaches include college students, unemployed people, disabled people, and of course, their parents – at a time of financial difficulty for many. The approach of each jurisdiction to this issue rests on whether the family is viewed as a social support system and whether intergenerational obligations exist. To help analyze these questions, this Article uses a comparative approach, considering the relevant law and public policy of both Europe and the United States.
This is a newsletter article arising from remarks given at the 2013 Workshop for New Law School T... more This is a newsletter article arising from remarks given at the 2013 Workshop for New Law School Teachers. The article shares a new law professor's advice on each of the three legs of the academia stool: teaching, research, and service.
Until recently, it has been a truism that the trust is a creature of the common law system. A cha... more Until recently, it has been a truism that the trust is a creature of the common law system. A challenge to this truism is currently occurring in Europe in one of the most significant developments in the field of trusts & estates law: the introduction of trust-like devices in civil law countries. Specifically, while France and other civil law countries have traditionally been skeptical about the common law instrument that is the trust, they must now confront the meaning of a trust and how to implement it because of the European Union’s new regulation that calls for the harmonization of laws regarding succession. This article is analyzes the introduction of the trust concept to civil law countries.
Family law litigants have long searched for permutations of constitutional principles that gain a... more Family law litigants have long searched for permutations of constitutional principles that gain access to federal courts. Typically, such litigants have been most successful with due process and equal protection arguments — even at the expense of the venerable “best interests of the child” standard in child-related cases. One legal system currently wrestling with this familiar clash between the interests of children and adults is that of England — where adults are armed with the rights granted by the Human Rights Act 1998, while children’s interests are given preference in an earlier act, the Children Act 1989. England’s strategy in dealing with this conflict offers several important lessons to the United States that are examined in this work. First, federal courts should be wary of granting and expanding constitutional relief for adults in child-related cases. Such expansion not only compromises the best interests standard, but also risks significant resistance from the states. Second, federal courts should be cautious in relying on the Constitution to protect children’s interests, which is not as effective as the best interests standard. These lessons emerge from this work’s analysis of England’s experience, providing insight into the tension between children’s interests and adults’ rights in the United States.
Eyebrows have recently arched not only at the high sums involved in big money divorce cases, but ... more Eyebrows have recently arched not only at the high sums involved in big money divorce cases, but also at the amount of ink spilled on this relatively small subset of divorce cases. Yet, it is precisely in big money cases, wherein judges have discretion over resources that significantly exceed the needs of the parties, that fairness acquires substantial haziness. The question of fairness is particularly acute in short marriages, as well as when one spouse is at fault for the divorce or when one spouse contributes extraordinarily to the marriage. Courts in both England and the United States have been encountering these issues with increasing frequency and differing results. The majority of American courts have employed the principle of equitable distribution, resulting in a disproportionate property division between spouses, particularly when the marital estate grew because of one spouse’s extraordinary efforts. England, on the other hand, has recently implemented a yardstick of equality that aims for near equal property division between spouses, representing a major shift in English case law and a doctrinal break from American law. This article examines these changes in the comparative context, underscoring the consequences of country’s interpretation of fairness in post-divorce property division.
Family policy is very important in each country. Given the differences between European Union cou... more Family policy is very important in each country. Given the differences between European Union countries, it is a truism that each has its own family policy. However, the challenge of each is similar: to address demographic changes such as lower fertility, emigration, population aging, divorces, same-sex relationships and new models of family, including de facto families. The resulting trends in family law are not necessarily converging to a harmonized European Union family law. This article therefore considers Polish constitutional provisions on family with respect to the current trends in family law in the European Union as a case study.
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Papers by Margaret Ryznar