Department of State v. Muñoz
Vol. 138 No. 1
Marriage bestows upon a couple a set of rights, and chief among them is the ability to live with one’s spouse. However, this right...
Family Law
Tied Together, Torn Apart: Exploring “Incidental” Interferences with the Right to Family Integrity
Vol. 137 No. 8
Introduction In 1987, Danny Burton was convicted of first-degree murder and sentenced to life in prison without the possibility of parole. Then, after thirty-two...
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...
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...