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Articles 1 - 4 of 4
Full-Text Articles in Law
Ifeminism, Ashlie Warnick
Ifeminism, Ashlie Warnick
Michigan Law Review
Laws should be judged not by their words or intentions, but by their effects and consequences. When government enacts laws designed to benefit one group, society should judge those laws first by examining whether they have, in practice, provided a net benefit to the law's intended beneficiaries. Next, any such benefit must be weighed against the costs imposed on the rest of society. If the benefits outweigh the costs, this is a socially efficient law. Government should repeal a law when the costs it imposes outweigh its benefits. When laws do not provide a net benefit to the group they …
Live And Let Love: Self-Determination In Matters Of Intimacy And Identity, Kim Forde-Mazrui
Live And Let Love: Self-Determination In Matters Of Intimacy And Identity, Kim Forde-Mazrui
Michigan Law Review
Are you free to choose the race of your spouse, . . . of your child, . . . of yourself? Historically, the legal and social answer to these questions was No. Matters of racial identity and interracial intimacy were strictly circumscribed by ideologies of racial essentialism and separation, ostensibly rooted in science, morality, and religion. In contrast, according to Professor Randall Kennedy in his new book, Interracial Intimacies: Sex, Marriage, Identity, and Adoption, the answer to all three questions should be a resounding Yes. The exclusive source of racial identification and intimacy should be individual choice, free from legal …
From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton
From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton
Michigan Journal of Gender & Law
In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV …
Is Marriage Obsolete?, Lynn D. Wardle
Is Marriage Obsolete?, Lynn D. Wardle
Michigan Journal of Gender & Law
Is legal marriage obsolete? Wardle thinks not. In order to understand why not, it is necessary first to grasp the significance of the focus of the discussion on the legal status of marriage. As this Introduction suggests, lack of legal marriage status does not prevent families and communities from treating couples as married nor does the law forbid couples from voluntarily providing each other "marital benefits." Nevertheless, whether marriage is obsolete at the beginning of the twenty-first century is an important question. This article analyzes four dimensions of that question.