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Articles 1 - 28 of 28
Full-Text Articles in Law
Love And Contracts In Don Quixote, Martha Ertman
Love And Contracts In Don Quixote, Martha Ertman
Martha M. Ertman
Viewing love as a contract seems, initially, like mistaking windmills for giants, or a peasant girl for a grand lady. This chapter seeks, like Don Quixote, to convince readers to suspend their practiced views of everyday relationships in order to see them in a new light. What seems crazy at first glance may come to look as good, and sometimes better, than the more conventional view. As a law professor, I usually write about love and contracts by focusing on legal opinions and statutes, and recently I have added real-life stories from books and newspapers, as well as my …
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman
Martha M. Ertman
Jane Larson's work and life enriched my own and others. Her intellectual framework - applying legal economic ideas of consent to feminist theory, backed up by legal history - suggest surprising practical solutions to problems ranging from the injuries of adultery and prostitution to housing in border towns.
Accepting The Court's Invitation, Martha M. Ertman
Accepting The Court's Invitation, Martha M. Ertman
Martha M. Ertman
No abstract provided.
Contract Sports, Martha M. Ertman
The Elasticity Of Contract, Martha M. Ertman
Book Review: Legal Tenderness, Martha M. Ertman
Book Review: Legal Tenderness, Martha M. Ertman
Martha M. Ertman
No abstract provided.
What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman
What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman
Martha M. Ertman
No abstract provided.
The Business Of Intimacy: Bridging The Private-Private Distinction, Martha M. Ertman
The Business Of Intimacy: Bridging The Private-Private Distinction, Martha M. Ertman
Martha M. Ertman
No abstract provided.
Love And Work: A Response To Vicki Schultz's Life's Work, Martha M. Ertman
Love And Work: A Response To Vicki Schultz's Life's Work, Martha M. Ertman
Martha M. Ertman
No abstract provided.
The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman
The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman
Martha M. Ertman
This panel, moderated by Naomi Cahn, included presentations by Martha Ertman, Liza Mundy, and Jonathan Rauch.
Introduction, Martha Ertman
Exchange As A Cornerstone Of Families, Martha Ertman
Exchange As A Cornerstone Of Families, Martha Ertman
Martha M. Ertman
This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families and family law today. …
Rethinking Commodification: Cases And Readings In Law And Culture, Martha Ertman, Joan Williams
Rethinking Commodification: Cases And Readings In Law And Culture, Martha Ertman, Joan Williams
Martha M. Ertman
What is the price of a limb? A child? Ethnicity? Love? In a world that is often ruled by buyers and sellers, those things that are often considered priceless become objects to be marketed and from which to earn a profit. Ranging from black market babies to exploitative sex trade operations to the marketing of race and culture, Rethinking Commodification presents an interdisciplinary collection of writings, including legal theory, case law, and original essays to reexamine the traditional legal question: ̶To commodify or not to commodify?” In this pathbreaking course reader, Martha M. Ertman and Joan C. Williams present the …
The Ali Principles' Approach To Domestic Partnership, Martha M. Ertman
The Ali Principles' Approach To Domestic Partnership, Martha M. Ertman
Martha M. Ertman
No abstract provided.
Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman
Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman
Martha M. Ertman
No abstract provided.
The Productive Tension Between Official And Unofficial Stories Of Fault In Contract Law, Martha M. Ertman
The Productive Tension Between Official And Unofficial Stories Of Fault In Contract Law, Martha M. Ertman
Martha M. Ertman
Officially Contract law ignores fault. However, an unofficial story complements the official one, and explains why fault occasionally slips into contract law through doctrines such as willful breach. This chapter of FAULT IN AMERICAN CONTRACT LAW (Omri Ben-Shahar & Ariel Porot, eds, Cambridge U. Press, forthcoming 2010) argues that the official and unofficial stories operate in productive tension to both facilitate ex ante planning and, when necessary, look backward at reasons for breach to reach a just result. The occasional presence of fault in contract law, in this view, represents merely one more instance of the common doctrinal pattern of …
Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman
Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman
Martha M. Ertman
Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce a …
The Upside Of Baby Markets, Martha Ertman
The Upside Of Baby Markets, Martha Ertman
Martha M. Ertman
Few think there is an upside to baby markets. This chapter challenges conventional wisdom by suggesting that marketizing parenthood through the sale of gametes and other reproductive technologies facilitates family formation by single and gay people. After briefly reviewing literature, it defends commercialization of human eggs and sperm and applies those defenses to embryo markets.
For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman
For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman
Martha M. Ertman
Viviana Zelizer’s recent book, The Purchase of Intimacy (2005) presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships--a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer’s critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships, then explains her more three-dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer’s approach to transfers of genetic material, and concluding …
For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman
For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman
Martha M. Ertman
Viviana Zelizer’s recent book, The Purchase of Intimacy (2005) presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships--a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer’s critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships, then explains her more three-dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer’s approach to transfers of genetic material, and concluding …
Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman
Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman
Martha M. Ertman
No abstract provided.
Contractual Purgatory For Sexual Marginorities: Not Heaven, But Not Hell Either, Martha M. Ertman
Contractual Purgatory For Sexual Marginorities: Not Heaven, But Not Hell Either, Martha M. Ertman
Martha M. Ertman
No abstract provided.
Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman
Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman
Martha M. Ertman
Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce a …
Changing The Meaning Of Motherhood, Martha M. Ertman
Changing The Meaning Of Motherhood, Martha M. Ertman
Martha M. Ertman
No abstract provided.
Reconstructing Marriage: An Intersexional Approach, Martha Ertman
Reconstructing Marriage: An Intersexional Approach, Martha Ertman
Martha M. Ertman
No abstract provided.
Vive No Différence, Martha M. Ertman
Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman
Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman
Martha M. Ertman
No abstract provided.
Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha Ertman
Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha Ertman
Martha M. Ertman
No abstract provided.