Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Gay (2)
- Lesbian (2)
- Marriage (2)
- Same-sex (2)
- Tax (2)
-
- Administrative law (1)
- Administrative procedures act (1)
- Apa (1)
- Bigamy (1)
- Bisexual (1)
- Blackstone (1)
- Children (1)
- Commentaries (1)
- Constitution (1)
- Constitutionality (1)
- Deduction (1)
- Deference (1)
- Equality (1)
- Family (1)
- Fertility (1)
- Heteronormative (1)
- Heteronormativity (1)
- Infertility (1)
- Jurisprudence (1)
- Legal Fiction (1)
- Legal theory (1)
- Lgbt (1)
- Medical expense (1)
- Natural Law (1)
- Natural rights (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Law And Artifice In Blackstone's Commentaries, Jessie Allen
Law And Artifice In Blackstone's Commentaries, Jessie Allen
Articles
William Blackstone is often identified as a natural law thinker for whom property rights were preeminent, but reading the Commentaries complicates that description. I propose that Blackstone’s concept of law is more concerned with human invention and artifice than with human nature. At the start of his treatise, Blackstone identifies security, liberty and property as “absolute” rights that form the foundation of English law. But while security and liberty are “inherent by nature in every individual” and “strictly natural,” Blackstone is only willing to say that “private property is probably founded in nature.” Moreover, Blackstone is clear that there is …
The House Of Windsor: Accentuating The Heteronormativity In The Tax Incentives For Procreation, Anthony C. Infanti
The House Of Windsor: Accentuating The Heteronormativity In The Tax Incentives For Procreation, Anthony C. Infanti
Articles
Following the Supreme Court’s decision in United States v. Windsor, many seem to believe that the fight for marriage equality at the federal level is over and that any remaining work in this area is at the state level. Belying this conventional wisdom, this essay continues my work plumbing the gap between the promise of Windsor and the reality that heteronormativity has been one of the core building blocks of our federal tax system. Eradicating embedded heteronormativity will take far more than a single court decision (or even revenue ruling); it will take years of work uncovering the subtle …
Big (Gay) Love: Has The Irs Legalized Polygamy?, Anthony C. Infanti
Big (Gay) Love: Has The Irs Legalized Polygamy?, Anthony C. Infanti
Articles
Within days in December, a federal judge in Utah made news by loosening that state’s criminal prohibition against polygamy and the Attorney General of North Dakota made news by opining that a party to a same-sex marriage could enter into a different-sex marriage in that state without first obtaining a divorce or annulment. Both of these opinions raised the specter of legalized plural marriage. What discussions of these opinions missed, however, is the possibility that the IRS might already have legalized plural marriage in the wake of the U.S. Supreme Court’s decision last June in United States v. Windsor, which …