Law Commons^™

Accommodating Competition: Harmonizing National Economic Commitments, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

This article shows how the norm supporting governmental action to protect and foster competitive markets was harmonized with economic rights to contract and property during the 19th century, and with the development of the social safety net during the 20th century. It explains why the Constitution, as understood today, does not check the erosion of the entrenched but threatened national commitment to assuring competitive markets.

How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez

Articles in Law Reviews & Other Academic Journals

This paper briefly explains the situation of same sex couples in countries that have opened marriage to individuals of the same sex, offers a summary and analysis of the status of same sex unions in several countries that have not opened marriage to same sex couples, and provides a comparative analysis of the most recurrent arguments used in the processes of recognition and denial of same sex unions in the countries reviewed.

Forty years ago, same sex couples were not legally accepted in any country. In the last thirty years, however, around 20% of the world has granted some rights …

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers

Articles in Law Reviews & Other Academic Journals

Over the past thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, the authors tell the story of gay people and family law in the United States across this period. They divide their discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, the authors believe it convenient and helpful to do so as well.