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List of contents
PART I
NEW FAMILIES AND LAW-MAKERS
1. New Families
1. What is the ‘New’ Family?
I. Evolution in Family Patterns
II. Evolution in Normative Conceptions of Family
III. Law’s Friction with the ‘New’ Family
2. Methodology
I. Why Legal Strategies?
II. Why Focus on Non-Conjugal Couples?
III. The Comparative Method and Family Law
2. Recognition Models
Introduction
1. Discarded Remedy
I. Marriage
2. Potential Remedies
I. Ascription
II. The Contractual Model
III. Registration
IV. Hybrid Models
Conclusion: A Better Model?
PART II
NON-CONJUGAL FAMILIES BEFORE THE COURTS
3. The United States
Introduction
1. The Changed Landscape of Family Structures and Family Law in the US
2. Venue
I. Constitutional Litigation
II. Family Law Litigation
3. Remedy
I. Constitutional Litigation: An Area-Specific Approach
II. Family Law Litigation: An Area-Specific Approach
4. Legal Arguments in Constitutional Litigation
I. Equal Protection
II. Due Process
III. Freedom of Association
5. Legal Arguments in Family Law Litigation
I. Judicial Updating
II. The Over-Inclusiveness and Under-Inclusiveness of Marriage
Conclusion
4. Canada
Introduction
1. The Changed Landscape of Family Structures and Family Law in Canada
2. Venue
I. Constitutional Litigation
II. Human Rights Litigation
3. Remedy
I. Constitutional Litigation: An Area-Specific Approach
II. Human Rights Litigation: An Area-Specific Approach
4. Legal Arguments in Constitutional Litigation
I. Marital Status Discrimination
II. Family Status Discrimination
5. Legal Arguments in Human Rights Litigation
I. Family and Civil Status Discrimination
Conclusion
5. The European Convention on Human Rights
Introduction
1. The Changed Landscape of Family Structures and Family Law in Europe
I. The Subconstitutional Landscape
II. The Constitutional Landscape
2. Venue
3. Remedy
I. Stage 1: An Area-Specific Approach
II. Stage 2: A Comprehensive Approach (Registration)
4. Legal Arguments before the ECtHR
I. Stage 1: Protection of Family Life and Ban on Discrimination
II. Stage 1: Protection of Property and Ban on Discrimination
III. Stage 1: General Ban on Discrimination
IV. Stage 2: Oliari-Style Protection of Family Life
Conclusion
6. The European Union
1. The EU and Family Law: A Complex Relationship
2. Remedy
I. An Area-Specific Approach
3. The Relevant Jurisprudence of the Court of Justice
I. The Employment Equality Directive
II. Staff Regulations
III. The Citizens’ Rights Directive
Concluding Remarks
Conclusion
About the author
Nausica Palazzo is Assistant Professor, NOVA School of Law, Lisbon.
Summary
This book provides non-discrimination lawyers with a manual to challenge the exclusion of non-conjugal families from the vast array of marital benefits in Western legal systems.
Foreword
This book provides non-discrimination lawyers with a manual to challenge the exclusion of non-conjugal families from the vast array of marital benefits in Western legal systems.
Additional text
Stimulating and rigorous … Unquestionably, the book advances reflection on the recognition of non-conjugal relationships, complementing empirical work, and subsequent interventions in those debates will need to engage with its rich contributions.
