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Full-Text Articles in Law
Reconstructive Tasks For A Liberal Feminist Conception Of Privacy, Linda C. Mcclain
Reconstructive Tasks For A Liberal Feminist Conception Of Privacy, Linda C. Mcclain
Faculty Scholarship
If liberal conceptions of privacy survive appropriately vigorous feminist critique and re-emerge in beneficially reconstructed forms, then why haven't more feminists gotten the message and embraced, rather than spurned, such privacy? If liberal privacy survives feminist critique, does it face an even more serious threat if contemporary society has both diminishing expectations of and taste for privacy? Does the transformation of the very notion of "private life," due in part to the rise of such new technologies as the Internet and its seemingly endless possibilities for making oneself accessible to others and gaining access to others, suggest the need for …
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
All Faculty Scholarship
Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …
The Defense Of Traditional Marriage, George W. Dent
The Defense Of Traditional Marriage, George W. Dent
Faculty Publications
This article reviews the possible justifications for legal recognition of marriage and finds some, such as encouraging stable, loving relationships, unpersuasive. However, other rationales-including protecting children, socializing adults, and promoting individual happiness-are valid, and these rationales apply only to traditional marriages. Accordingly, society has strong reasons to favor traditional marriage and to deny such treatment to the unmarried and to homosexual, endogamous and bestial relationships.
Modern Coverture: Old Wine In Old Bottles, William P. Lapiana
Modern Coverture: Old Wine In Old Bottles, William P. Lapiana
Articles & Chapters
No abstract provided.
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff
Articles
Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our 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, we believe it convenient and helpful to do so as well.