Margaret Brinig

Friedlander Brinig Margaret

Position: 

Professor of Law

Biographical Information

Margaret “Peg” Brinig earned a B.A. from Duke University, a J.D. from Seton Hall University, and an M.A. and Ph.D. from George Mason University. She joined the faculty of University of Iowa College of Law as a Visiting Professor in 1998 and joined the faculty as a Professor of Law in 1999. She was the Edward A. Howry Distinguished Professor from 2001 to 2003, and the William G. Hammond Professor of Law from 2003 to 2006. She also served as Associate Dean for Faculty Development from 2004 until 2006. After leaving Iowa Law, she joined the law faculty at Notre Dame Law School. Her work melds her expertise with law and social science in empirical studies of families, social capital, and social welfare legislation. She taught Alternative Dispute Resolution, Contracts, Domestic Relations, Insurance, and Remedies during her time at Iowa.

Publications

Books

Margaret Brinig. From Contract to Covenant: Beyond Law and Economics of the Family. Cambridge, MA: Harvard University Press, 2000.
Margaret Brinig. An Invitation to Family Law: Principles, Process, and Perspectives, with Carl E. Schneider. St. Paul, MN: West Pub. Co., 1996, xxxvii, 1220 pages; 2nd ed., St. Paul, MN: West Group, 2000.
Margaret Brinig. Family Law in Action: A Reader, with Carl E. Schneider and Lee E. Teitelbaum. Cincinnati, OH: Anderson Pub. Co., 1999.

Book Chapters

Margaret Brinig, “Domestic Partnerships and Default Rules,” in Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution, edited by Robin Wilson. NY: Cambridge University Press, 2006, at 269.
Margaret Brinig, "Some Concerns About Applying Economics to Family Law," in Feminism Confronts Homo Economicus: Gender, Law and Society, edited by Martha Albertson Fineman and Terence Dougherty. Ithaca, NY: Cornell University Press, 2005, at 450.
Margaret Brinig, "Family Law," in Elgar Companion to Law and Economics, edited by Jürgen G. Backhaus. Northampton, MA: E. Elgar, 2003, at 61.
Margaret Brinig, "Adoption and Termination of Parental Rights," "Adultery," and "Child Custody" in The Oxford Companion to American Law, editor in chief Kermit L. Hall. Oxford; New York, NY: Oxford University Press, 2002, at 7, 9, and 92.
Margaret Brinig, "Community Involvement and Its Limits in Marriage and Families," in Revitalizing the Institution of Marriage for the Twenty-First Century: An Agenda for Strengthening Marriage, edited by Alan J. Hawkins, Lynn D. Wardle, and David Orgon Coolidge. Westport, CT: Praeger, 2002, at 15.
Margaret Brinig, "Weak Men and Disorderly Women: Divorce and the Division of Labor," with Steven L. Nock, in The Law and Economics of Marriage and Divorce, edited by Antony Dnes and Robert Rowthom. New York: Cambridge University Press, 2002, at 171.
Margaret Brinig, “Parent and Child,” in The Encyclopedia of Law and Economics, edited by Bouckaert and DeGeest. Ghent, Edward Elgar, 2000, vol. 2, at 230.
Margaret Brinig, "The Effects of Divorce on Wives," in It Takes Two: The Family in Law and Finance, edited by Douglas W. Allen and John Richards. Toronto, Canada: C.D. Howe Institute, 1999, at 36.
Margaret Brinig, “Contracting Around No-fault Divorce,” in The Rise and Fall of Freedom of Contract edited by F.H. Buckley. Duke University Press, 1999, at 275.

Articles

Margaret Brinig, “The Association Between Statutory Penalties and Domestic Elder Abuse Investigations,” with Gerald G. Jogerst, Jeanette M. Daly, & Stephanos Bibas. 28 Journal of Crime and Justice 51 (2006)
Margaret Brinig, “Lawmaking by Public Welfare Professionals.” 5 Whittier Journal of Child & Family Advocacy 57 (2006)
Margaret Brinig, “Penalty Defaults in Family Law: The Case of Child Custody.” 33 Florida State University Law Review 779 (2006)
Margaret Brinig, “Does Parental Autonomy Require Equal Custody at Divorce?” 65 Louisiana Law Review 1345 (2005)
Margaret Brinig, "'Unhappy Contracts': The Case of Divorce Settlements." 1 Review of Law & Economics 241 (2005).
Margaret Brinig, "The Role of Socioeconomics in Teaching Family Law." 41 San Diego Law Review 177 (2004).
Margaret Brinig, "What Does Covenant Mean for Relationships?" with Steven L. Nock, 18 Notre Dame Journal of Law, Ethics & Public Policy 137 (2004).
Margaret Brinig, "APS Investigative Systems Associated with County Reported Domestic Elder Abuse," with Gerald D. Jogerst, Jeannette M. Daly, Jeffrey Dawson, Gretchen Schmuch, and Corinne Peek­ Asa. 16 Journal of Elder Abuse & Neglect no. 3, 1 (2004).
Margaret Brinig, "I Only Want Trust': Norms, Trust and Autonomy," with Steven L. Nock, 32 Journal of Socio­ economics 471 (2003); reprinted in Family Life and Human Rights, edited by Peter Lodrup and Eva Modvar. Oslo: Gyldendal, 2004, at 115.
Margaret Brinig, "Marry Me, Bill: Should Cohabitation Be the (Legal) Default Option?" with Steven L. Nock, 64 Louisiana Law Review 403 (2004).
Margaret Brinig, "The Public Choice of Elder Abuse Law," with Gerald J. Jogerst, Jeanette M. Daly, Gretchen A. Schmuch, and Jeffrey Dawson. 33 Journal of Legal Studies 517 (2004).
Margaret Brinig, "Domestic Elder Abuse and the Law," with Gerald J. Jogerst, Jeanette M. Daly, Jeffrey D. Dawson, Gretchen A. Schmuch, and Jerry G. Ingram, 93 American Journal of Public Health 2131 (2003).
Margaret Brinig, "Empirical Work in Family Law." 2002 University of Illinois Law Review 1083 (2003).
Margaret Brinig, "Mandatory Reporting: Relationship of APS Statute Language on State Reported Elder Abuse," with Jeanette M. Daly, Gerald J. Jogerst, and Jeffrey Dawson, 15 Journal of Elder· Abuse & Neglect no. 2, 1 (2003).
Margaret Brinig, "Promoting Children's Interests Through a Responsible Research Agenda." 14 University of Florida Journal of Law and Public Policy 137 (2003).
Margaret Brinig, "Required Elder Abuse Education for Iowa Mandatory Reporters," with Gerald Jogerst, Jeanette Daly, Jeffrey D. Dawson, and Gretchen A. Schmuch, 15 Journal of Elder Abuse & Neglect no.1, 59 (2003).
Margaret Brinig, "Domestic Partnership: Missing the Target?" 4 Journal of Law & Family Studies 19 (2002)
Margaret Brinig, "How Much Does Legal Status Matter? Adoptions by Kin Caregivers," with Steven L. Nock. 36 Family Law Quarterly 449 (2002)
Margaret Brinig, "'Money Can't Buy Me Love': A Contrast Between Damages in Family Law and Contract." 27 Journal of Corporation Law 567 (2002)
Margaret Brinig, “‘These Boots Are Made for Walking’: A Reply,” with Douglas W. Allen. 4 American Law & Economics Review 376 (2002)
Margaret Brinig, "In Search of Prince Charming." 4 Journal of Gender, Race & Justice 321 (2001)
Margaret Brinig, "The Influence of Marvin v. Marvin on Housework During Marriage." 76 Notre Dame Law Review 1311 (2001)
Margaret Brinig, "Moving Toward a First-Best World: Minnesota's Position on Multiethnic Adoptions." 28 William Mitchell Law Review 553 (2001)
Margaret Brinig, "Troxel and the Limits of Community." 32 Rutgers Law Journal 733 (2001)
Margaret Brinig, "Feminism and Child Custody Under Chapter Two of the American Law Institute's Principles of the Law of Family Dissolution." 8 Duke Journal of Gender Law & Policy 301 (2001)
Margaret Brinig, "Choosing the Lesser Evil: Comments on Besharov's 'Child Abuse Realities.'" 8 Virginia Journal of Social Policy & the Law 205 (2000)
Margaret Brinig, "Covenant and Contract," with Steven Nock.12 Regent University Law Review 9 (2000)
Margaret Brinig, '"These Boots are Made for Walking:' Why Most Divorce Filers are Women," with Douglas W. Allen. 2 American Law and Economics Review 126 (2000)
Margaret Brinig, "Parental Rights and the Ugly Duckling," with F. H. Buckley. 1 Journal of Law and Family Studies 41 (1999)
Margaret Brinig, "The Price of Virtue," with F. H. Buckley. 98 Public Choice 111 (1999)

Book Reviews

Margaret Brinig, "The Child's Best Interests: A Neglected Perspective on Interracial Intimacies," review of Interracial Intimacies: Sex, Marriage, Identity, and Adoption, by Randall Kennedy. 117 Harvard Law Review 2129 (2004)