Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Lovers' Contracts In The Courts: Forsaking The Minimum Decencies, Judith T. Younger
Lovers' Contracts In The Courts: Forsaking The Minimum Decencies, Judith T. Younger
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Essentially A Mother, Jennifer S. Hendricks
Essentially A Mother, Jennifer S. Hendricks
William & Mary Journal of Race, Gender, and Social Justice
This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental rights, this article argues that a gestational mother has a constitutional claim to be recognized as a legal parent.
The article first discusses the "unwed father cases." Despite believing that natural sex differences justified distinctions in parental rights, the Supreme Court crafted a test giving men parental rights if they established relationships with their biological …