Ira Mark Ellman
Biographic Data
| ID | 4127095 |
|---|---|
| NAME | Ira Mark Ellman |
| GIVEN NAMES | Ira Mark |
| FAMILY NAME | Ellman |
| SIGNATURE | ELLMAN I M |
| AFFILIATIONS | Arizona State University |
| VERIFIED | No |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 6 |
| WORKS AS AUTHOR | 12 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1989 |
| LATEST PUBLICATION YEAR | 2015 |
| H-INDEX | 1 |
Child support and the custodial mother’s move or remarriage
Whether a custodial motherâ s new husband earns more or less than the father, economic realities ensure his income will usually affect the childâ s financial well-being, sometimes dramatically. The stepfatherâ s daily contact with the child may be more than the fatherâ s, possibly burdening father's relationship with his child, especially if mother moves with stepfather and child to a distant location. Nonetheless, the law does not usually consid…
Child Support Judgments
Any child support regime necessarily makes policy choices about how parental income should be shared between the two parental households. Those choices involve balancing the claims of the child, the claims of the custodial parent for help with the expense of providing for the child, and the claims of the support obligor for autonomy in deciding how to spend his own earnings. That balancing task is complicated by the fact that the child and the cu…
Public intuitions about fair child support allocations
Nearly all American states use one of two systems for setting the amount of child support that noncustodial parents (NCPs) are required to pay to custodial parents (CPs). In previous work, we found that lay judgments of the child support amount the law should require differ in meaningful ways from these two systems: Our respondents favored child support amounts that are more responsive to the NCP’s income and much more responsive to the CP’s inco…
Moral intuitions about fault, parenting, and child custody after divorce
Allocations of child custody postdivorce are currently determined according to the best interest standard; that is, what is best for the child. Decisions about what is best for a child necessarily reflect cultural norms, at least in part. It is therefore useful as well as interesting to ask whether current understandings of the best interest standard align with moral intuitions of lay citizens asked to take the role of judge in hypothetical cases…
Abstract principles and concrete cases in intuitive lawmaking
Citizens awaiting jury service were asked a series of items, in Likert format, to determine their endorsement of various statements about principles to use in setting child support amounts. These twenty items were derived from extant child support systems, from past literature and from Ellman and Ellman's (2008) Theory of Child Support. The twenty items were found to coalesce into four factors (principles). There were pervasive gender differences…
Abstract principles and concrete cases in intuitive lawmaking
Citizens awaiting jury service were asked a series of items, in Likert format, to determine their endorsement of various statements about principles to use in setting child support amounts. These twenty items were derived from extant child support systems, from past literature and from Ellman and Ellman’s (2008) Theory of Child Support. The twenty items were found to coalesce into four factors (principles). There were pervasive gender differences…
Lay judgments about child custody after divorce
In a pair of studies, we examine lay people's judgments about how hypothetical cases involving child custody after divorce should be resolved.The respondents were citizens called to jury service in Pima County, Arizona.Study 1 found that both male and female respondents, if they were the judge, would most commonly award equally shared custody arrangements, as advocated by most fathers' groups.However, if the predivorce child care had been divided…
Do Americans Play Football
The English approach to property and periodical awards in divorce cases, as exemplified by the decision in the McFarlane and Parlour cases, is compared to the American approach, as exemplified by the Principles of the Law of Family Dissolution, adopted in 2000 by the American Law Institute (ALI). It is suggested that these two English cases seem more alike to English courts than they would to American, because the English analysis places little o…
The Misguided Movement to Revive Fault Divorce, and Why Reformers Should Look Instead to the American Law Institute
Many American states allow unilateral no-fault divorce without significant waiting periods, and typically these states also exclude consideration of marital misconduct in the determination of financial awards at divorce. In recent years these laws have come under increasing criticism in both political and academic debates. This article examines those debates. It surveys the available social science evidence on whether such pure no-fault laws incr…
Can Others Exercise an Incapacitated Patient's Right to Die
Ellman's article is one of four in this issue of the Hastings Center Report on the first right to die case to come before the U.S. Supreme Court. The author, a law professor, agrees with critics that the Missouri Supreme Court erred in Cruzan when it declined to grant the parents of a woman in a persistent vegetative state authority to halt her tube feedings. However, he believes that in order to overturn Cruzan, the U.S. Supreme Court would have…
Deciding for Others
The Theory of Alimony
Although alimony has long been a feature of divorce law, there is no theory explaining why either spouse should have a financial obligation to the other that survives their marriage. Explanations based on gender roles, or assessments of blame for the marriage's failure, are inconsistent with modern attitudes. More recently, commentators and courts have suggested that contract or partnership concepts explain alimony obligations. In Part I of this …
Lay judgments about child custody after divorce
In a pair of studies, we examine lay people's judgments about how hypothetical cases involving child custody after divorce should be resolved.The respondents were citizens called to jury service in Pima County, Arizona.Study 1 found that both male and female respondents, if they were the judge, would most commonly award equally shared custody arrangements, as advocated by most fathers' groups.However, if the predivorce child care had been divided…
Public intuitions about fair child support allocations
Nearly all American states use one of two systems for setting the amount of child support that noncustodial parents (NCPs) are required to pay to custodial parents (CPs). In previous work, we found that lay judgments of the child support amount the law should require differ in meaningful ways from these two systems: Our respondents favored child support amounts that are more responsive to the NCP’s income and much more responsive to the CP’s inco…
Moral intuitions about fault, parenting, and child custody after divorce
Allocations of child custody postdivorce are currently determined according to the best interest standard; that is, what is best for the child. Decisions about what is best for a child necessarily reflect cultural norms, at least in part. It is therefore useful as well as interesting to ask whether current understandings of the best interest standard align with moral intuitions of lay citizens asked to take the role of judge in hypothetical cases…
The Theory of Alimony
Although alimony has long been a feature of divorce law, there is no theory explaining why either spouse should have a financial obligation to the other that survives their marriage. Explanations based on gender roles, or assessments of blame for the marriage's failure, are inconsistent with modern attitudes. More recently, commentators and courts have suggested that contract or partnership concepts explain alimony obligations. In Part I of this …
Can Others Exercise an Incapacitated Patient's Right to Die
Ellman's article is one of four in this issue of the Hastings Center Report on the first right to die case to come before the U.S. Supreme Court. The author, a law professor, agrees with critics that the Missouri Supreme Court erred in Cruzan when it declined to grant the parents of a woman in a persistent vegetative state authority to halt her tube feedings. However, he believes that in order to overturn Cruzan, the U.S. Supreme Court would have…
Deciding for Others
The Misguided Movement to Revive Fault Divorce, and Why Reformers Should Look Instead to the American Law Institute
Many American states allow unilateral no-fault divorce without significant waiting periods, and typically these states also exclude consideration of marital misconduct in the determination of financial awards at divorce. In recent years these laws have come under increasing criticism in both political and academic debates. This article examines those debates. It surveys the available social science evidence on whether such pure no-fault laws incr…
Do Americans Play Football
The English approach to property and periodical awards in divorce cases, as exemplified by the decision in the McFarlane and Parlour cases, is compared to the American approach, as exemplified by the Principles of the Law of Family Dissolution, adopted in 2000 by the American Law Institute (ALI). It is suggested that these two English cases seem more alike to English courts than they would to American, because the English analysis places little o…
Abstract principles and concrete cases in intuitive lawmaking
Citizens awaiting jury service were asked a series of items, in Likert format, to determine their endorsement of various statements about principles to use in setting child support amounts. These twenty items were derived from extant child support systems, from past literature and from Ellman and Ellman's (2008) Theory of Child Support. The twenty items were found to coalesce into four factors (principles). There were pervasive gender differences…
Abstract principles and concrete cases in intuitive lawmaking
Citizens awaiting jury service were asked a series of items, in Likert format, to determine their endorsement of various statements about principles to use in setting child support amounts. These twenty items were derived from extant child support systems, from past literature and from Ellman and Ellman’s (2008) Theory of Child Support. The twenty items were found to coalesce into four factors (principles). There were pervasive gender differences…
Lay judgments about child custody after divorce
In a pair of studies, we examine lay people's judgments about how hypothetical cases involving child custody after divorce should be resolved.The respondents were citizens called to jury service in Pima County, Arizona.Study 1 found that both male and female respondents, if they were the judge, would most commonly award equally shared custody arrangements, as advocated by most fathers' groups.However, if the predivorce child care had been divided…
Child Support Judgments
Any child support regime necessarily makes policy choices about how parental income should be shared between the two parental households. Those choices involve balancing the claims of the child, the claims of the custodial parent for help with the expense of providing for the child, and the claims of the support obligor for autonomy in deciding how to spend his own earnings. That balancing task is complicated by the fact that the child and the cu…
Public intuitions about fair child support allocations
Nearly all American states use one of two systems for setting the amount of child support that noncustodial parents (NCPs) are required to pay to custodial parents (CPs). In previous work, we found that lay judgments of the child support amount the law should require differ in meaningful ways from these two systems: Our respondents favored child support amounts that are more responsive to the NCP’s income and much more responsive to the CP’s inco…
Moral intuitions about fault, parenting, and child custody after divorce
Allocations of child custody postdivorce are currently determined according to the best interest standard; that is, what is best for the child. Decisions about what is best for a child necessarily reflect cultural norms, at least in part. It is therefore useful as well as interesting to ask whether current understandings of the best interest standard align with moral intuitions of lay citizens asked to take the role of judge in hypothetical cases…
Child support and the custodial mother’s move or remarriage
Whether a custodial motherâ s new husband earns more or less than the father, economic realities ensure his income will usually affect the childâ s financial well-being, sometimes dramatically. The stepfatherâ s daily contact with the child may be more than the fatherâ s, possibly burdening father's relationship with his child, especially if mother moves with stepfather and child to a distant location. Nonetheless, the law does not usually consid…
Psychology (9 works) · Political science (8 works) · Social Psychology (6 works) · Law (5 works) · Sociology (5 works) · Criminology (4 works) · Economics (4 works) · Family Dynamics and Relationships (4 works) · Law (4 works) · Law and economics (4 works)