Contracts

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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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Rethinking Commodification: Cases and Readings in Law and Culture (with Joan C. Williams), Book Gallery (2005)

What is the price of a limb? A child? Ethnicity? Love? In a world that...

 

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Marriage Markets, 10 Michigan Journal of Gender & Law 21 (2003)
 

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Contractual Purgatory for Sexual Marginorities: Not Heaven, but Not Hell Either, 73 Denver University Law Review 1107 (1996)
 

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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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, 35 Harvard Civil Rights Civil Liberties Law Review 79 (2001)
 

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Commercializing Marriage: A Proposal for Valuing Women's Work Through Premarital Security Agreements, 77 Texas Law Review 17 (1998)
 

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Reconstructing Marriage: An InterSEXional Approach, 75 Denver University Law Review 1215 (1998)
 

Family law

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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...

 

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Private Ordering under the ALI Principles: As Natural as Status, (2006)
 

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Marriage as a Trade: Bridging the Private/Private Distinction, 35 Harvard Civil Rights Civil Liberties Law Review 79 (2001)
 

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The ALI Principles' Approach to Domestic Partnership, 8 Duke Journal of Gender Law & Policy 107 (2001)
 

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

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Commercializing Marriage: A Proposal for Valuing Women's Work Through Premarital Security Agreements, 77 Texas Law Review 17 (1998)
 

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Reconstructing Marriage: An InterSEXional Approach, 75 Denver University Law Review 1215 (1998)
 

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Vive no Différence, 91 Northwestern University Law Review 642 (1997)
 

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)
 

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Denying the Secret of Joy: A Critique of Posner's Theory of Sexuality, 45 Stanford Law Review 1485 (1993)
 

Sexuality and the law

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Oscar Wilde: Paradoxical Poster Child for Both Identify and Post-Identify, 25 Law & Social Inquiry 153 (2000)
 

Women

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

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

 

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Marriage as a Trade: Bridging the Private/Private Distinction, 35 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 (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 (2012)

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