Prerequisite: None

Exam Type: No Exam

This reading group will explore key issues in marriage, divorce, and property law across American, Islamic and Jewish legal systems. It will also examine how Jewish and Islamic law of marriage contracts and divorce interact with American courts.

Drawing on theoretical frameworks such as New Home Economics (developed by Gary Becker and his critics) and the concept of bargaining under the shadow of the law, we will examine marital contracts, divorce and post-divorce distributive regimes of marital property and alimony. The course will analyze how each legal system constructs its default rules, legal regimes, choices and solutions, and how these shape the strategies and positions of different legal actors. Through a comparative approach, we will evaluate any possible convergence and divergence between these legal systems in regulating the economic relationships of spouses during and after marriage, as well as the potential of their different legal theories for universal and particular application.

By studying the relevant legal history, default rules, and case law in these legal traditions, we will assess whether the existing legal frameworks are justified and consider possible alternatives, especially in light of contemporary debates on legal reform. No prior background is required. Readings will include law review articles and cases.

Note: This reading group will meet on the following dates: TBD.