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Full-Text Articles in Law
Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret F. Brinig, Linda C. Mcclain
Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret F. Brinig, Linda C. Mcclain
Journal Articles
This essay revisits Mary Ann Glendon’s comparative law study, Abortion and Divorce in Western Law and her subsequent book, Rights Talk: The Impoverishment of Political Discourse. Glendon’s comparative study actually included a third topic: “forms of dependency which are connected with pregnancy, marriage, and child raising.” The topic of dependency has obvious relevance to consideration of intergenerational obligations and the interplay between family responsibility and societal responsibility for addressing dependency needs. A central claim Glendon made in both books is that the U.S. legal tradition is “libertarian,” views individuals as “lone rights bearers,” and exalts the “right to be …
The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock
The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock
Journal Articles
Family policy and the law based on it assume universals. That is, if marriage improves the welfare of the majority of couples and their children, it is worth pushing as a policy initiative. Further, laws will be written (or kept on the books) that privilege marriage over other family forms. Similarly, research that tells us that divorce harms children except following the relatively small number of highly conflicted marriages, spawns efforts to preserve troubled marriages or even to roll back liberal or relatively inexpensive divorce laws. With yet another example, since adopted children mostly do better than children left either …
The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda
The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda
Journal Articles
The women's movement for equality bootstrapped to the movement for equality for Blacks. Now the reverse can happen. This Article uses family law and the plight of some battered women, as a lens to address analogous racial conflicts in the broader American family.
Law, Life, And Literature: A Critical Reflection Of Life And Literature To Illuminate How Laws Of Domestic Violence, Race, And Class Bind Black Women Based On Alice Walker's Book The Third Life Of Grange Copeland, Angela Mae Kupenda
Journal Articles
Consider Law, Life and Literature. Which of the three is the most real, honest, and inclusive? Many would answer the law because it takes into consideration all of the facts and circumstances to formulate a clear and consistent rule, and literature is the most unreal, the most fictional of the three. However, that is not accurate. Of the three, literature is actually the most real, honest, and inclusive. It is real because, with brutal honesty, it deals with all of our realities. It is more honest than life, for often in our outer (and even inner) lives we are afraid …