Policing “Bad” Mothers
Vol. 136 No. 8
Introduction Jessamine Chan’s The School for Good Mothers is not a great book. I don’t mean that in the sense the writer Judith Newman...
Family Law
The Unpragmatic Family Law of Marginalized Families
Response to Pragmatic Family Law
Vol. 136 No. 6
Introduction In her excellent article Pragmatic Family Law, Professor Clare Huntington argues that divisive issues roiling U.S. politics, law, and society — such as abortion rights,...
Pragmatic Family Law
Abstract Family law is a central battleground for a polarized America, with seemingly endless conflict over abortion, parental control of school curricula, gender-affirming health...
Ziccarelli v. Dart
Seventh Circuit Entrenches Conduct Categories for FMLA Interference Claims.
Vol. 136 No. 5
Three’s Company, Too: The Emergence of Polyamorous Partnership Ordinances
Vol. 135 No. 5
In the summer of 2020, the city of Somerville, Massachusetts, passed the first multiple-partner domestic partnership ordinance in the country. Spurred by the pandemic,...
In the Best Interests of the Child Asylum-Seeker: A Threat to Family Unity
Vol. 134 No. 4
Children need family. And children need safety. The “best interests of the child” principle attempts to balance those needs in child protection disputes, asking...
The New Maternity
Vol. 133 No. 7
Constitutional law has long assumed that mothers and fathers are fundamentally different. Maternity, that law posits, is certain, obvious, and monolithic — consolidated in...
On Trust, Law, and Expecting the Worst
Vol. 133 No. 6
A man says he will marry a woman, while he’s secretly involved with someone else, just long enough to get her brother’s kidney. The...
The Macroeconomic Impact of FamilyPay
In an essay on “Affirming the American Family” for the fall 2019 issue of American Affairs, Maria Molla and I outlined a proposal for...
Sex and the Schoolhouse
Vol. 132 No. 5
Introduction At a 2015 speech at Catholic University’s Columbus School of Law, then-Judge Brett Kavanaugh pondered Chief Justice John G. Roberts’s famous statement that...