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Full-Text Articles in Legal History
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Scholarly Publications
On its fortieth anniversary, Roe v. Wade serves as the most prominent example of the damage judicial review can do to the larger society. Scholars from across the ideological spectrum have related how Roe helped to entrench the ideological positions held by those on either side of the abortion issue, precluding any form of productive compromise. This criticism, which the Article calls the “beyond backlash” argument, has profound legal consequences, serving as both a justification for overruling Roe and as a case study of the benefits of varying interpretive methods.
This Article reevaluates the beyond backlash claim through a careful …
An Incomplete Revolution: Reexaming The Law, History, And Politics Of Marital Property, Mary Ziegler
An Incomplete Revolution: Reexaming The Law, History, And Politics Of Marital Property, Mary Ziegler
Scholarly Publications
Did the divorce revolution betray the interests of American women? While there has been considerable disagreement about the impact of divorce reform on women’s standard of living, many agree that judicial practices involving the division of marital property and the allocation of alimony have systematically disadvantaged women. Most often, in the courts and the academy, commentators see these practices as evidence of the need for family law reform.
These conclusions rely on a shared account of the history of divorce reform. According to this account, the transformation of divorce law in the 1970s and 1980s was a “silent revolution,” a …