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Contracts between spouses that alter the basic default rules of marital property and support are subject to widely varying legal standards across the United States. As with premarital contracts, the…

This Article offers a new theory of how the law attempts to control intimate and family life and uses that theory to argue why certain laws might be unconstitutional. Specifically,…

When adults exercise basic liberties, such as freedom of speech, association, or travel, their actions can adversely impact any child in their custody. In several topical areas of family and…

It is hardly news to observe that a proposed legal reform is not adopted even though nearly all experts believe it would effectively advance the law's widely supported policy goals.…

This Article offers a fresh perspective on a problem that has long vexed legal scholars. The problem is a fundamental one: Although divorced parents share legal responsibility for their children,…

It seems axiomatic in a “government of laws and not of men” that a sentence ought to be generally proportionate in degree to the underlying criminal offense. Extreme, disproportionate sentences…