The Moral Complexities of Family Law

Virtue jurisprudence is an approach to normative legal theory that answers normative questions about law from a perspective that is centred on the...

Children should be seen and not heard, or so the old saying goes. A new version of this adage is now playing out across the United States, as more...

Today, intimate privacy—which seeks to protect access to and information about our body, health, sexuality, gender, intimate thoughts, desires...

In looking at the history of family law, we locate family law – and the status of women and children within it – as a function of political economy...

Congress and state legislatures are showing renewed interest in youth privacy, proposing myriad new laws to address data extraction, addiction...

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...

A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...

When Michael Jackson died in 2009, he left a complicated legacy. But one thing remains true: The King of Pop’s music still generates millions of...

Conservative media titan Rupert Murdoch is making news again – this time, with a secretive effort to change an irrevocable trust. That trust has...

Reviewing, (For the Balkinization Symposium on) Solangel Maldonado, The Architecture of Desire: How the Law Shapes Interracial Intimacy and...

We live in an age of student surveillance. Once student surveillance just involved on-campus video cameras, school resource officers, and tip lines...

Our perceptions of what we owe each other turn somewhat on whether we consider “another” to be “an other”—a stranger and not a friend. In this essay...

In an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past...

This chapter discusses the failures of the privatized childcare and eldercare infrastructure in the United States. While that system preceded COVID-19...

Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law, has often observed that the...

Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make...

Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes...