Introduction ; Part I: The Challenge of Family Ties Benefits ; Intersections Between Family and the State's Criminal Justice System ; A Framework for Analyzing Family Ties Benefits ; Applying the Spartan Presumption to Family Ties Benefits ; Part II: The Challenge of Family Taxes ; Sites of Familial Taxes ; A Framework For Family Taxes ; Evaluating the Case Against Family Taxes ; Index
Dan Markel is Assistant Professor of Law at Florida State
University College of Law and the Founder and Editor in Chief of
"prawfs.com."
Jennifer Collins is an Associate Professor of Law at Wake Forest
University School of Law.
Ethan Leib is an Associate Professor of Law at the University of
California Hastings College of Law.
"Markel, Collins, and Leib have achieved a singular feat of
scholarly analysis. Not only have they brought into sharp focus a
previously unremarked set of inter-related policies affecting the
family. They have also irrefutably proven those policies to be in
deep conflict with one another and with the most fundamental tenets
of our criminal justice system. The book will provoke thought. And
it will ultimately impel reform. Wow."
--Dan Kahan,
Yale Law School
"This path-breaking work should be regarded as a major scholarly
achievement even by those who disagree with some of the authors'
normative conclusions. They have fundamentally re-imagined the
domain where family law intersects with criminal law, moving us
well beyond the intractable debates over law enforcement responses
to domestic violence and identifying many promising new directions
for research. Their work here is both innovative and meticulous,
and other
scholars will doubtlessly mine its insights for many years to
come."
--Michael O'Hear,
Marquette University Law School
"Behind America's amazingly punitive penal policies lies a strong
cultural fixation with the criminal law as a barrier between
stranger danger and the putatively warm and safe world of the
family. But as the authors of this strikingly original book reveal,
this myth belies a complex web of doctrines that few will recognize
from either our treatises or television serials. Viewed together
for the first time, these doctrines frequently exhibit a bizarre
patchwork
of undue leniency, harshness, and discrimination -- a pattern the
authors effectively expose as inconsistent with our legal
values."
--Jonathan Simon,
UC Berkeley School of Law, Author of Governing Through Crime
(Oxford 2007)
"This boldly original book takes on the astonishingly
under-examined subject of the explicit and conscious connections
drawn between our criminal law institutions and the family. With
scrupulousness and balance, Privilege or Punish examines and
critiques our laws governing an array of intersections between
crime, punishment and the family. The proposals the authors make in
response are rigorous, provocative and thoughtful. Privilege or
Punish should
occupy an enduring place on both the criminal law and family law
sides of our legal education and discourse."
--Robert Weisberg,
Stanford Law School
"Markel, Collins & Leib have made an extraordinarily thoughtful and
nuanced contribution to criminal and family law."
--Roderick M. Hills, Jr.,
New York University School of Law
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