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Articles 1 - 3 of 3
Full-Text Articles in Law
Family Law By The Numbers: The Story That Casebooks Tell, Laura T. Kessler
Family Law By The Numbers: The Story That Casebooks Tell, Laura T. Kessler
Utah Law Faculty Scholarship
This Article presents the findings of a content analysis of 86 family law casebooks published in the United States from 1960 to 2019. Its purpose is to critically assess the discipline of family law with the aim of informing our understandings of family law’s history and exposing its ideological foundations and consequences. Although legal thinkers have written several intellectual histories of family law, this is the first quantitative look at the field.
The study finds that coverage of marriage and divorce in family law casebooks has decreased by almost half relative to other topics since the 1960s. In contrast, pages …
In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Laws And Policies, Deborah M. Weissman
In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Laws And Policies, Deborah M. Weissman
Utah Law Review
Violence experienced within the family — perhaps the most intimate of all social arrangements — causes devastating consequences. Recent phenomena, including accounts of perpetrators of mass shootings with a history of domestic violence and the #MeToo movement, have called new attention to the costs and consequences of violence against women. Intimate violence wreaks havoc extending beyond the private spaces of the household, thereupon to lay bare the structural shortcomings of public institutions.
The act of domestic violence enters the public imagination principally as an offense of physical abuse. It is more complicated. In fact, intimate partner violence (IPV) is often …
Before Loving: The Lost Origins Of The Right To Marry, Michael Boucai
Before Loving: The Lost Origins Of The Right To Marry, Michael Boucai
Utah Law Review
For almost two centuries of this nation’s history, the basic contours of the fundamental right to marry were fairly clear as a matter of natural, not constitutional, law. The right encompassed marriage’s essential characteristics: conjugality and contract, portability and permanence. This Article defines those four dimensions of the natural right to marry and describes their reflections and contradictions in positive law prior to Loving v. Virginia (1967). In that landmark case, the Supreme Court enforced a constitutional “freedom to marry” just when marriage’s definitive attributes were on the brink of legal collapse. Not only did wedlock proceed in Loving’s wake …