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Full-Text Articles in Law
Pinocchio In Littleton, William A. Kell
Pinocchio In Littleton, William A. Kell
University of Michigan Journal of Law Reform
In this Article, Professor Kell proposes a substantial change in policy direction in the wake of school shootings and other tragedies involving young people's abilities to make mature decisions. First, the Article questions the current state of the law which exclusively deems young people to be mature based on "birthdays and bad acts, " rather than on any concept of demonstrated or earned levels of responsibility. Next, an alternative legal framework is envisioned recognizing young people as increasingly competent citizens who must develop psychosocial maturity, including learning how to judge and utilize advice from others such as parents and peers, …
Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin
Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin
Michigan Journal of Gender & Law
This Article examines the convergence of feminist and law and economics theory on family law questions, particularly issues of marriage and divorce. Both feminist legal theory and law and economics analysis have come to occupy a significant place in the American legal academy, demonstrated by growing numbers of conferences, journals, casebooks and monographs, and electronic mail lists in each area. Not surprisingly, as the two fields have grown, they have begun to touch, to overlap, and occasionally to come into conflict. This process has been evident in the extensive literature on sex discrimination in employment and is increasingly apparent in …
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
Articles
I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …