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Articles 1 - 7 of 7

Full-Text Articles in Law

The Paradox Of Family Privacy, David D. Meyer Mar 2000

The Paradox Of Family Privacy, David D. Meyer

Vanderbilt Law Review

When it comes to the nature of the Constitution's protection for freedom of choice in matters relating to family life, there is wide agreement on perhaps only two points: first, that the subject raises "questions of unsurpassed significance in th[e] Court's interpretation of the Constitution,"' and, second, that the Court's halting passes at these questions have left its family privacy doctrine in a state of unsurpassed disarray. The significance of the questions is transparent. A comprehensive account of the subject calls for answers to the most basic and intractable problems of judicial review, answers that might justify the judiciary's role …


Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey Jan 2000

Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino Jan 2000

Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Contract Sports, Martha M. Ertman Jan 2000

Contract Sports, Martha M. Ertman

Cleveland State Law Review

I explore ways that the private law of commerce can be imported to the private law of domestic relations to remedy family law's inadequacy and inequality. Existing domestic relations law posits heterosexual marriage as naturally superior to other forms of intimate affiliation, rendering the others (such as cohabitation, same-sex sexuality, and polyamory) unnatural and inferior. As such, it fails to recognize many intimate affiliations. Two examples of bridging the divide between private business law and private family law that I discuss in this essay are cohabitation contracts and Premarital Security Agreements. Importing private business models to domestic relations law has …


The Honeymoon Is Definitely Over: The Use Of Civil Rico In Divorce Jan 2000

The Honeymoon Is Definitely Over: The Use Of Civil Rico In Divorce

San Diego Law Review

Within the field of family law, civil RICO is making an appearance in the aftermath of divorce cases. This statute appeals to both litigants and lawyers because of its generous civil provisions.8 Money is the motivating factor behind the use of civil RICO. Therefore, a vengeful ex-spouse, and his9 lawyer, have much to gain from pursuing RICO allegations.


Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino Jan 2000

Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey Jan 2000

Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey

American University Journal of Gender, Social Policy & the Law

No abstract provided.