Contracts

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Love and Contracts in Don Quixote, Don Quixote: Interdisciplinary Connections (2013)

Viewing love as a contract seems, initially, like mistaking windmills for giants, or a peasant...

 

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The Productive Tension between Official and Unofficial Stories of Fault in Contract Law, Fault in American Contract Law (2010)

Officially Contract law ignores fault. However, an unofficial story complements the official one, and explains...

 

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Mapping the New Frontiers of Private Ordering: Afterword, 49 Arizona Law Review 695 (2007)

Defining the limits of contract is an important project in contemporary contracts scholarship. Professor Ertman’s...

 

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Book Review: Legal Tenderness, 18 Yale Journal of Law & Feminism 545 (2006)
 

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The Elasticity of Contract, 18 Yale Journal of law & the Humanities 202 (Suppl.) (2006)
 

Legal History

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Race Treason: The Untold Story of America's Ban on Polygamy, 19 Columbia Journal of Gender and Law 287 (2010)

Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the...

 

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The Story of Reynolds v. United States: Federal "Hell Hounds" Punishing Mormon Treason, Family Law Stories (2008)

Part of the “Law Stories” series published by Foundation Press, this chapter in Family Law...

 

Marriage

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The Law of the Land: Will Gay Marriage Change Marriage, and if so, how?, New America Foundation (2013)

This panel, moderated by Naomi Cahn, included presentations by Martha Ertman, Liza Mundy, and Jonathan...

 

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The Legacy of Jane Larson: The Politics of Practicality and Surprise, 28 Wisconsin Journal of Law, Gender & Society 207 (2013)

Jane Larson's work and life enriched my own and others. Her intellectual framework - applying...

 

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Changing the Meaning of Motherhood, 76 Chicago-Kent Law Review 1733 (2001)
 

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Marriage as a Trade: Bridging the Private/Private Distinction, 36 Harvard Civil Rights Civil Liberties Law Review 79 (2001)
 

Family law

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The Law of the Land: Will Gay Marriage Change Marriage, and if so, how?, New America Foundation (2013)

This panel, moderated by Naomi Cahn, included presentations by Martha Ertman, Liza Mundy, and Jonathan...

 

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Introduction, Switch Point Stories: Tales of Sex, Race, and Sexuality (2013)
 

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The Upside of Baby Markets, Baby Markets: Money and the New Politics of Creating Families (2010)

Few think there is an upside to baby markets. This chapter challenges conventional wisdom by...

 

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For Both Love and Money: Viviana Zelizer's "The Purchase of Intimacy", 34 Law & Social Inquiry 1017 (2009)

Viviana Zelizer’s recent book, The Purchase of Intimacy (2005) presents an innovative theory...

 

Anti-discrimination

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Unbending Gender: Why Family and Work Conflict and What To Do About It, 49 American University Law Review 943 (2000)
 

Sexuality and the law

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Introduction, Switch Point Stories: Tales of Sex, Race, and Sexuality (2013)
 

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Accepting the Court's Invitation, 57 Journal of Legal Education 159 (2007)
 

Women

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The Legacy of Jane Larson: The Politics of Practicality and Surprise, 28 Wisconsin Journal of Law, Gender & Society 207 (2013)

Jane Larson's work and life enriched my own and others. Her intellectual framework - applying...

 

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Exchange as a Cornerstone of Families, 34 Western New England Law Review 405 (2012)

This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined...

 

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The Business of Intimacy: Bridging the Private-Private Distinction, Feminism Confronts Homo Economicus: Gender, Law, and Society (2005)
 

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Marriage as a Trade: Bridging the Private/Private Distinction, 36 Harvard Civil Rights Civil Liberties Law Review 79 (2001)
 

Human Rights Law

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Exchange as a Cornerstone of Families, 34 Western New England Law Review 405 (2012)

This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined...

 

Law and Society

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Exchange as a Cornerstone of Families, 34 Western New England Law Review 405 (2012)

This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined...