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47 Buff. L. Rev. 1153 (1999)
Women's Freedom to Contract at Divorce: A Mask for Contextual Coercion

handle is hein.journals/buflr47 and id is 1161 raw text is: ARTICLES
Women's Freedom to Contract at Divorce: A
Mask for Contextual Coercion
PENELOPE EILEEN BRYANt
INTRODUCTION
Current wisdom favors the private settlement of divorce
disputes. Allowing men and women to enter enforceable
divorce    contracts    recognizes    their   rights-bearing
citizenship,' honors their autonomy,2 and places them on
equal legal footing with one another. Moreover, the parties
themselves generally prefer settlement to adjudication,
t Associate Professor of Law, University of Denver, College of Law,
B.S., Rollins College, 1978; J.D., University of Florida, 1981; M.A.
(Sociology), University of Florida, 1989. I gratefully acknowledge Albert
W. Alschuler, Arthur Best, and Steve Pepper for their helpful comments
on earlier drafts of this article.
1. See Robert H. Mnookin, Divorce Bargaining: The Limits on
Private Ordering, in  THE   RESOLUTION  OF FAMILY    CONFLICT:
COMPARATIVE LEGAL PERSPECTIVES 364, 366-67 (John M. Eekelaar &
Sanford N. Katz eds., 1984).
2. See Morris R. Cohen, The Basis of Contract, 46 HARV. L. REV. 553,
558-59, 575 (1933) (concluding that foundation of contract law is the
freedom of individuals). But see CAROLE PATEMAN, THE SEXUAL
CONTRACT 39 (1988) (noting that contract theory reconstructs
subjugation as freedom).

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