Margaret Ryznar

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https://hdl.handle.net/1805/11718

In a gray universe such as family law, where discretionary standards govern factually diverse cases, little can be measured to give people answers. In fact, the two major inquiries at divorce are: what division of property between the divorcing spouses is fair, and what custody arrangement is in the best interests of the children involved? Scholars and lawmakers have recognized that litigating under these open-ended, amorphous standards in family law is unpredictable. This makes it difficult for courts, policymakers, lawmakers, and litigants to know what to do in a particular divorce case.

Professor Ryznar’s project attempts to offer objective measurement in the family law field, using Indiana as a case study. The project looks at judicial outcomes in Indianapolis divorce cases. There may be a significant divergence between them and what the Indiana statutes require, and empirical research would measure it. Family law is state-specific, so there are as many sets of family laws as there are states, but this project focuses on the family laws and practice of Indiana.

Professor Ryznar’s work to define objective measurements in the field of family law is another example of how IUPUI faculty are TRANSLATING RESEARCH INTO PRACTICE.

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    Adult Rights as the Achilles' Heel of the Best Interests Standard: Lessons in Family Law From Across the Pond
    (2007) Ryznar, Margaret
    Part I considers the constitutional rights for American adults that implicate the best interests standard, particularly under due process and equal protection arguments. Part II explores the same conflict between adults' rights and children's best interests under recent English legislation incorporating the European Convention on Human Rights. Finally, Part III exacts lessons for the United States from England's similarly positioned situation. It concludes that American federal courts should be more hesitant to federalize family law as it relates to children if the best interests standard is to be preserved and argues that the standard is more effective in protecting children's interests than the Constitution.
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    To Work, or Not to Work - The Immortal Tax Disincentives for Married Women
    (2009) Ryznar, Margaret
    Among the most fundamental barriers to the aggressive participation of many married women in the work force are the disincentives for secondary income earners embedded in the federal tax code. Specifically, the current code contains a marriage penalty, which is aggravated by the progressive nature of taxation and any potential increases in income taxation. Meanwhile, child-care expenses, a prerequisite for entry into the labor market, are treated inadequately. Although these immortal problems persist despite political pushes for relief, new attention to this topic is warranted given the Obama Administration's pledge for tax law reform. If the principle to be prioritized is that married women should not face tax disincentives to pursue paid work, then the tax code must finally deal with these issues effectively.
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    To Have and to Hold, for Richer or Richer: Premarital Agreements in the Comparative Context
    (2009) Ryznar, Margaret; Stepien-Sporek, Anna
    Although England and the United States have similar understandings of such agreements,12 the meaning and consequences of premarital agreements in continental Europe markedly differ from the Anglo-American common law tradition, heightening the opportunity for a comparative study. However, while the European approach inherently offers significant insight into the purpose, limits, and effects of premarital agreements, this approach is not as well-known-even to many Europeans- as the American approach, made so famous through Hollywood examples. This Article therefore endeavors to consider and develop the notion of the premarital agreement in the comparative law context, addressing some of the universal issues surrounding premarital agreements, as well as the particular nuances of certain regulatory frameworks governing this type of agreement. Part I begins by exploring premarital agreements in American law, while Part II reviews the European approach to such agreements, focusing on Poland's representative approach, but also considering the approaches of France, Germany, and Switzerland. Part III draws lessons from a comparison of these various approaches, concluding that much of the distinction between American and European law on premarital agreements stems from the differing limits placed on the prospective spouses' freedom of contract. Part III also considers the desirable level of freedom of contract, the ideal characteristics of the regulatory framework of premarital agreements, and, finally, the popularity of such agreements.
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    Two to Tango, One in Limbo: A Comparative Analysis of Fathers' Rights in Infant Adoptions
    (2009) Ryznar, Margaret
    This Article argues that both the father and the child should have their relationship protected9 and that the father-child rela- tionship must be properly severed and waived by the biological father before a child is placed for adoption. Part II therefore be- gins by considering the American approach to fathers' rights in contested adoption cases. Part III then examines the contrary English position of favoring immediate severance of legal ties to a child, even if at the expense of obtaining both the mother's and the father's consent. Finally, Part IV analyzes the lessons resulting from a comparison of these two approaches, concluding that to work against fathers' rights is to work against children's interests.
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    All's Fair in Love and War: But What About in Divorce - The Fairness of Property Division in American and English Big Money Divorce Cases
    (2010) Ryznar, Margaret
    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 re- cently 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 each country's interpretation of fairness in post-divorce property division.
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    International Commercial Surrogacy and its Parties
    (2010) Ryznar, Margaret
    The position of women and children at the heart of international commercial surrogacy requires a careful consideration of this market. In undertaking it, this Article considers the rights, interests, and obligations of the parties to a surrogacy, as well as the various opportunity costs of international commercial surrogacy. Such a discussion is particularly relevant today as India, a center of international surrogacy, begins to legislate on the subject, and relatedly, as American states continue to grapple with issues regarding surrogacy.
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    The Legal Treatment of Cohabitation in Poland and the United States
    (2010) Stepien-Sporek, Anna; Ryznar, Margaret
    Given the resilience of the issues surrounding cohabitation, a comparative analysis might offer a new perspective. This Article, therefore, considers cohabitation in Poland and the United States, limiting itself to opposite- sex couples. These two countries have been selected for analysis because, despite their lack of comprehensive law on cohabitation, they have each encountered and dealt with the issues arising from such relationships. They have done so differently, offering the opportunity for comparative analysis. Part II of this Article therefore begins by surveying American law on cohabitation, while Part III surveys equivalent Polish law. Part IV compares and analyzes the issues arising from cohabitations in both countries, offering concluding thoughts on the legal treatment of nonmarital cohabitation, given that many of these relationships intend to exist outside of legal regulation.
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    The Proper Guardians of Foster Children's Educational Interests
    (2010) Park, Chai; Ryznar, Margaret
    The United States Supreme Court has enumerated a constitutionally protected parental right to control the upbringing of one's child that includes the right to direct the child's education. The states, meanwhile, have differed in their interpretation and application of this principle when foster children's educational interests conflict with their biological parents' wishes. Specifically, although some states permit the judicial limitation of parental rights over children's education during foster care placement, others do not. This Article is among the first to consider the benefits and consequences of each approach in the context of parents' rights and children's best interests.
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    The Rules on the Administration of Community Property in Poland
    (2012) Stepien-Sporek, Anna; Stoppa, Pawel; Ryznar, Margaret