Linda C. McClain

Professor of Law

Paul M. Siskind Research Scholar

During the 2016-2017 academic year, Professor McClain will be a Laurance S. Rockefeller Visiting Faculty Fellow at Princeton University’s University Center for Human Values.

AB, with high honors in Religion, Oberlin College
MA, University of Chicago Divinity School
JD, cum laude, Georgetown University Law Center
LLM, New York University School of Law

Areas of Interest
Civil Rights, Family Law, Religion & Law
Contact
Biography

Linda C. McClain is known for her work in family law, gender and law, and feminist legal theory. Her scholarship addresses the respective roles of families, other institutions of civil society, and of government in fostering citizens’ capacities for democratic and personal self-government. During the 2016-2017 academic year, Professor McClain will be a Laurance S. Rockefeller Visiting Faculty Fellow at Princeton University’s University Center for Human Values. Her current research examines controversies over claims of conscience and the scope of religious liberty in the context of marriage equality, antidiscrimination laws, and health care. She has engaged with prominent communitarian, civic republican and feminist critiques of liberal legal and political theory and offered a reconstructive liberal feminist approach to such matters as privacy, family and marriage, reproductive issues and welfare law. Her work also addresses sex equality as a legal and constitutional commitment and public value, the responsibility of government to promote equality, and societal tensions over equality and its relationship to other values. She is the author of several books (described below) and numerous articles and book chapters.

McClain has organized interdisciplinary conferences at BU Law, published as symposia in Boston University Law Review, including: The Civil Rights Act of 1964 at 50: Past, Present, and Future, and Evaluating Claims about ‘the End of Men’: Legal and Other Perspectives. She is affiliated faculty in BU’s Women’s Gender & Sexuality Studies (WGS) Program and coordinates the law school’s participation in the WGS Certificate Program for JD students. She is also faculty advisor to the Women’s Law Association. From 2010 to 2014, she was a faculty fellow at the BU School of Theology. She contributes to the blog, Balkinization, and frequently speaks to the press on issues concerning family law and marriage. Since 2013, she has been co-editor of the annual book review issue of the Tulsa Law Review.

Professor McClain is past chair of the Association of American Law Schools Section on Family and Juvenile Law and served on the Planning Committee for the 2015 Midyear Workshop, Shifting Foundations in Family Law: Family Law’s Response to Changing Families. She is a member of the American Law Institute, the Council on Contemporary Families, the American Political Science Association, and the American Society for Political and Legal Philosophy. Since 2000, she has been on the advisory board of the Feminist Sexual Ethics Project at Brandeis University. A former faculty fellow at the Harvard University Center for Ethics and the Professions (now the Safra Center), Professor McClain has been a visiting professor of law at Harvard University, the University of Pennsylvania, and the University of Virginia. Before joining the faculty of Boston University School of Law in fall 2007, Professor McClain was the Rivkin Radler Distinguished Professor of Law at Hofstra Law School, where she was also co-director of the Institute for the Study of Gender, Law, and Policy. Prior to entering the legal academy, she practiced litigation at Cravath, Swaine & Moore.

About Professor McClain’s Books

Contemporary Family Law (West Academic, 4th ed. 2015), with Douglas E. Abrams, Naomi R. Cahn, Catherine J. Ross, and David D. Meyer, is a popular casebook used in family law courses. It engages students with significant changes in the American family and the corresponding evolution of family law and policy. It introduces the myriad issues central to contemporary family law practice and to a lawyer’s ethical and professional responsibilities.

Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013), co-authored with James E. Fleming, develops and defends a civic and constitutional liberalism that takes responsibilities and virtues—as well as rights—seriously. It offers a conception of “ordered liberty” that appreciates the value of diversity in our morally pluralistic constitutional democracy and answers various charges that the US constitutional system, in recent years, exalts individual rights over responsibilities, virtues, and the common good. The book uses the battle over same-sex marriage as a primary illustration and argues that a conception of “ordered liberty” supports marriage equality. Other examples include clashes between First Amendment freedoms (of association and religion) and antidiscrimination law, the education of children, and reproductive freedom. In a December 2013 New Books in Public Policy podcast and a March 2013 Concurring Opinions online symposium, Fleming and McClain discussed Ordered Liberty and how its framework addresses various criticisms of liberalism and liberal rights.

McClain’s first book, The Place of Families: Fostering Capacity, Equality, and Responsibility(Harvard University Press, 2006) offers a liberal and feminist perspective on the relationship between family life and the polity and on a number of contested issues of family law and policy, including governmental promotion of marriage, the denial of marriage to same-sex couples, welfare policy, and constitutional rights to reproductive freedom. The Place of Families has been described as “the most careful and comprehensive defense to date of the progressive liberal feminist position on the civic role of families” and “a ‘must read’ for anyone interested in the future of American families and family law.”

Professor McClain’s interdisciplinary volume, What Is Parenthood?: Contemporary Debates about the Family (NYU Press, 2013), written with Daniel Cere, examines the extraordinary changes in patterns of family life—and family law—that have dramatically altered the boundaries of parenthood and opened up numerous questions about debates. How should society define, regulate, and support parenthood? The book brings legal scholars into conversation with scholars from anthropology, globalization and immigration studies, medicine, psychology, religious ethics, and sociology to consider several questions about parenthood, including questions about institutions, rights, attachment, gender equality and difference, and transnational parenting. Reviewers describe the book as “a much needed model for how to bring civility and reason into the culture wars” and “an invaluable resource for anyone who wishes to think critically about modern parenthood and what the government can and should do to improve families.”

Gender Equality: Dimensions of Women’s Equal Citizenship (Cambridge University Press, 2009; paperback, 2012), co-edited with Joanna Grossman, examines the problem of the continuing gap between formal commitments to gender equality and the equal citizenship of women and men and the persistence of gender inequality, and it develops strategies for closing that gap. The book has been called “essential reading for those concerned with gender equality and citizenship across myriad disciplines” and “an outstanding collection” that “both illuminates and complicates a range of gender justice problems in intimate and public arenas within and across national boundaries.”

Publications
  1. Linda McClain & James Fleming, "Dworkin’s Perfectionism," in Law and Dignity: Essays in Honour and Memory of Professor Ronald Dworkin , Lokendra Malik, ed., Oxford University Press (forthcoming).
  2. Linda McClain, "Reading DeBoer and Obergefell through the “Moral Readings Versus Originalisms” Debate: From Constitutional “Empty Cupboards” to Evolving Understandings," in Symposium Book Reviews: Fidelity to Our Imperfect Constitution: Six Views and a Response, 31 Constitutional Commentary 441 (2016). Republished in Symposium Discussion: Constitutional Interpretation: Moral Readings v. Originalisms, 11 Problema: Anuario de Filosofia y Teoria del Derecho 85 (2017).
    HeinOnline (BU) | HeinOnline | Publisher | SSRN
  3. 51 no.2 Tulsa Law Review Winter 2016 - Book Review Issue, Linda McClain & Ken I. Kersch, eds., University of Tulsa College of Law (2016).
    Publisher
  4. Linda McClain & Joanna L. Grossman, "Battle of the Sexist: The Implicit, Explicit, and Unrelenting Bias of Trump’s Presidential Campaign," Verdict: Legal Analysis and Commentary from Justia (2016).
    Publisher
  5. Linda McClain, "Civil Marriage for Same-Sex Couples, “Moral Disapproval,” and Tensions between Religious Liberty and Equality," in Religious Freedom and Gay Rights: Emerging Conflicts in the United States and Europe 87, Timothy Samuel Shah, Thomas Farr & Jack Friedman, eds., Oxford University Press (2016). Publisher
  6. Linda McClain, "The Family, the State, and American Political Development as a Big Tent: Asking Basic Questions about Basic Institutions," in Symposium Family, State, and Difference in Political Time, 48 Polity 224 (2016).
    SSRN
  7. James Fleming, Sotirios A. Barber, Stephen Macedo & Linda McClain, Gay Rights and the Constitution, Foundation Press (2016).
    Publisher
  8. Linda McClain, "The Intersection of Civil and Religious Family Law in the U.S. Constitutional Order: A Mild Legal Pluralism," in Religion, Secularism & Constitutional Democracy 379, Jean L. Cohen & Cecile Laborde, eds., Columbia University Press (2016). SSRN
  9. Linda McClain, "The Civil Rights Act of 1964 and 'Legislating Morality': On Conscience, Prejudice, and Whether 'Stateways' Can Change 'Folkways’," in Symposium The Civil Rights Act of 1964 at 50: Past, Present, and Future, 95 Boston University Law Review 891 (2015).
    SSRN | Publisher
  10. Linda McClain, Douglas E. Abrams, Naomi R. Cahn, Catherine J. Ross & David D. Meyer, Contemporary Family Law, 4th edition, West Academic Publishing (2015).
    Publisher
  11. Linda McClain, "Corporate Conscience and the Contraceptive Mandate: A Dworkinian Reading," in Symposium Ronald Dworkin's Religion without God - A Postscript on Dworkin's Legacy, 30 Journal of Law and Religion 136 (2015).
    SSRN
  12. Linda McClain, "The Family and Medical Leave Act, Work/Family Policy, and Family Values in the Clinton and Obama Administrations: A Story of Progress and Unfinished Business," in Woman Up 2: A Transatlantic Gender Dialogue 97, Maari Poim & Judit Tanczos, eds., FEPS-FJJ (2015). Publisher
  13. Linda McClain, "Is There a Way Forward in the 'War over the Family'?" review of Clare Huntington, Failure to Flourish: How Law Undermines Family Relationships, Oxford University Press (2014), 93 Texas Law Review 705 (2015). SSRN | HeinOnline (BU) | HeinOnline
  14. James Fleming & Linda McClain, "Liberty," in Oxford Handbook of the United States Constitution 479, Mark Tushnet, Sanford Levinson & Mark Graber, eds., Oxford University Press (2015). SSRN
  15. 50 no.2 Tulsa Law Review Winter 2014 - Book Review Issue, Linda McClain & Ken I. Kersch, eds., University of Tulsa College of Law (2014).
    Publisher
  16. Linda McClain, "Can Religion Without God Lead to Religious Liberty Without Conflict?" in Symposium A Symposium on Ronald Dworkin's Religion Without God, 94 Boston University Law Review 1273 (2014).
    SSRN
  17. Linda McClain, "Common and Uncommon Families in the American Constitutional Order," review of Mark Brandon, States of Union: Family and Change in the American Constitutional Order, University Press of Kansas (2013), 67 Vanderbilt Law Review En Banc 19 (2014). SSRN | Publisher | HeinOnline (BU) | HeinOnline
  18. Linda McClain & James Fleming, "The Myth of Strict Scrutiny for Fundamental Rights," 12 Dartmouth Law Journal 1 (2014).
    HeinOnline (BU) | HeinOnline
  19. Linda McClain & James Fleming, "Ordered Gun Liberty: Rights with Responsibilities and Regulation," in Symposium America's Political Dysfunction: Constitutional Connections, Causes and Cures, 94 Boston University Law Review 849 (2014).
    SSRN
  20. 49 no.2 Tulsa Law Review Winter 2013 - Book Review Issue, Linda McClain & Ken I. Kersch, eds., University of Tulsa College of Law (2013).
    HeinOnline (BU) | HeinOnline | Publisher
  21. Linda McClain, "Against Agnosticism: Why the Liberal State Isn't Just One (Authority) Among the Many," in Symposium On Constitutional Obligation and Disobedience: A Symposium on Abner S. Green's Against Obligation and Louis Michael Seidman's On Constitutional Disobedience, 93 Boston University Law Review 1319 (2013).
  22. Linda McClain, "A Diversity Approach to Parenthood in Family Life and Family Law," in What is Parenthood?: Contemporary Debates about the Family 41, Linda McClain & Daniel Cere, eds., New York University Press (2013). Publisher
  23. Linda McClain, "Federal Family Policy and Family Values From Clinton to Obama, 1992-2012 and Beyond," 2013 Michigan State Law Review 1621 (2013).
    SSRN
  24. Linda McClain, "From Romer v. Evans to United States v. Windsor: Law as a Vehicle for Moral Disapproval in Amendment 2 and the Defense of Marriage Act," in Symposium 20th Anniversary, 20 Duke Journal of Gender Law & Policy 351 (2013).
    SSRN | HeinOnline (BU) | HeinOnline | BU
  25. Linda McClain & James Fleming, "Ordered Liberty: Response to Michael Dorf," 93 Boston University Law Review 1481 (2013).
  26. Linda McClain & James Fleming, Ordered Liberty: Rights, Responsibilities, and Virtues, Harvard University Press (2013). Symposia Responses: “Ordered Liberty: A Response to Three Views,” James E. Fleming & Linda C. McClain, 28 Constitutional Commentary 435 (2013); Balkinization Symposium on Ordered Liberty, James E. Fleming & Linda C. McClain; Concurring Opinions Symposium on Ordered Liberty, James E. Fleming & Linda C. McClain. Podcast on New Books Network, James E. Fleming & Linda C. McClain (2013).
    Publisher
  27. Linda McClain, "The Other Marriage Equality Problem," in Symposium Evaluating Claims about the End of Men: Legal and Other Perspectives, 93 Boston University Law Review 921 (2013).
    HeinOnline (BU) | HeinOnline
  28. Linda McClain & Ken I. Kersch, "Preface," in Symposium Book Review issue, 47 Tulsa Law Review viii (2013).
    Publisher
  29. Linda McClain & Margaret Brinig, "Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, and Rights Talk in Western Law," in Les Solidarités Entre Générations/Solidarity Between Generations 349, Hugues Fulchiron, ed., Bruylant (2013).
  30. What Is Parenthood?: Contemporary Debates about the Family, Linda McClain & Daniel Cere, eds., New York University Press (2013).
    SSRN | Publisher
  31. Linda McClain, "Constitutional and Religious Redemption: Assessing Jack Balkin's Call for a 'Constitutional Project’," in Symposium Originalism and Living Constitutionalism: A Symposium on Jack Balkin's Living Originalism and David Strauss's The Living Constitution, 92 Boston University Law Review 1187 (2012).
  32. Linda McClain, "Marriage Pluralism in the United States: On Civil and Religious Jurisdiction and the Demands of Equal Citizenship," in Marriage and Divorce in a Multi-Cultural Context: Multi-tiered Marriage and the Boundaries of Civil Law and Religion 309, Joel Nichols, ed., Cambridge University Press (2012). SSRN
  33. Linda McClain, "Marriage Pluralism, Family Law Jurisdiction, and Sex Equality in the United States," in Gender, Religion, and Family Law: Theorizing Conflicts Between Women’s Rights and Cultural Traditions 76, Lisa Fishbayn Joffe & S. Neal, eds., Brandeis University Press (2012).
  34. Linda McClain, "Nature, Culture, and Social Engineering: Reflections on Evolution and Equality," in NOMOS: Evolution and Morality 347, James Fleming & Sanford Levinson, eds., New York University Press (2012). SSRN
  35. Linda McClain & James Fleming, "Respecting Freedom and Cultivating Virtues in Justifying Constitutional Rights," in Symposium Justice: What's the Right Thing to Do: A Public Lecture and Symposium on Michael J. Sandel's Recent Book: Panelist Papers, 91 Boston University Law Review 1311 (2012).
    SSRN | HeinOnline
  36. Linda McClain, "Involuntary Servitude, Public Accommodations Laws, and the Legacy of Heart of Atlanta Motel v. United States," 71 University of Maryland Law Review 83 (2011).
    SSRN
  37. Linda McClain, "Religious and Political Virtues and Values in Congruence or Conflict?: On Smith, Bob Jones University, and Christian Legal Society," in Symposium Twenty Years after Employment Division v. Smith: Assessing the Twentieth Century's Landmark Case on the Free Exercise of Religion and How it Changed History, 32 Cardozo Law Review 1959 (2011).
    SSRN | HeinOnline (BU) | HeinOnline
  38. Linda McClain, "What's So Hard About Sex Equality?: Nature, Culture, and Social Engineering," in Transcending the Boundaries of Law: Generations of Feminism and Legal Theory 67, Martha Albertson Fineman, ed., Routledge (2011). SSRN
  39. Linda McClain, "Justice and Elegance for Hedgehogs - In Life, Law, and Literature," in Symposium Justice for Hedgehogs: A Conference on Ronald Dworkin's Forthcoming Book, 90 Boston University Law Review 863 (2010).
    SSRN | Publisher
  40. Linda McClain, "Child, Family, State, and Gender Equality in Religious Stances and Human Rights Instruments: A Preliminary Comparison," in What Is Right for Children?: The Competing Paradigms of Religion and Human Rights 19, Martha Albertson Fineman & K. Worthington, eds., Ashgate (2009). SSRN
  41. Gender Equality: Dimensions of Women's Equal Citizenship, Linda McClain & Joanna L. Grossman, eds., Cambridge University Press (2009).
    SSRN
  42. Linda McClain, "Supreme Court Justices, Empathy, and Social Change: A Comment on Lani Guinier's Demosprudence Through Dissent," in Symposium The Most Disparaged Branch: The Role of Congress in the Twenty-First Century, 89 Boston University Law Review 589 (2009).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  43. Linda McClain, "Family Life, the Politics of the Family, and Social Transformation," in Symposium The Place of Families: Fostering Capacity, Equality, and Responsibility, 17:1 The Good Society 68 (2008).
    SSRN
  44. Linda McClain, "Red Versus Blue (and Purple) States in the Same-Sex Marriage Debate: From Values Polarization to Common Ground?" in Symposium Red State v. Blue State: The Judicial Role in an Era of Partisanship, 77 University of Missouri-Kansas City Law Review 415 (2008-09).
    SSRN | HeinOnline (BU) | HeinOnline
  45. Linda McClain, "Unleashing or Harnessing 'Armies of Compassion'?: Reflections on the Faith-Based Initiative," in Symposium Checks and Balances Today: The Reality of Separation of Powers, 39 Loyola University Chicago Law Journal 361 (2008).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  46. Linda McClain, "The 'Male Problematic' and the Problems of Family Law: A Response to Don Browning's 'Critical Familism’," 56 Emory Law Journal 1407 (2007).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  47. Linda McClain, "Love, Marriage, and the Baby Carriage: Revisiting the Channeling Function of Family Law," 28 Cardozo Law Review 2133 (2007).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  48. Linda McClain, "The Role of the 'Natural Family' in Religious Opposition to Human Rights Instruments," in Family Law: Balancing Interests and Pursuing Priorities 95, Lynn D. Wardle & Camille S. Williams, eds., William S. Hein & Co. (2007).
  49. Linda McClain, "'God's Created Order', Gender Complementarity, and the Federal Marriage Amendment," in Symposium Debates about Same-Sex Marriage in Canada and the United States, 20 BYU Journal of Public Law 313 (2006).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  50. Linda McClain, "The Evolution - or End - of Marriage?: Reflections on the Impasse over Same-Sex Marriage," 44 Family Court Review 200 (2006). Commentary on Special Issue: The Evolution of Marriage, 44 Family Court Review 33 (2006).
    SSRN | Lexis Advance | Westlaw
  51. Linda McClain, "Family Constitutions and the (New) Constitution of the Family," in Symposium A New Constitutional Order, 75 Fordham Law Review 833 (2006).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  52. Linda McClain, The Place of Families: Fostering Capacity, Equality, and Responsibility, Harvard University Press (2006).
    Publisher
  53. Linda McClain, "Some ABCs of Feminist Sex Education (in Light of the Sexuality Critique of Legal Feminism)," in Symposium Children and Education, 15 Columbia Journal of Gender & Law 63 (2006).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  54. Linda McClain, "What Place for Marriage (E)quality in Marriage Promotion?" in Marriage Proposals: Questioning A Legal Status 106, Anita Bernstein, ed., New York University Press (2006). SSRN
  55. Linda McClain, "Bend It Like Beckham and Real Women Have Curves: Constructing Identity in Multicultural Coming-of-Age Stories," in Symposium Privacy and Identity: Constructing, Maintaining, and Protecting Personhood, 54 DePaul Law Review 701 (2005).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  56. Linda McClain & James Fleming, "Constitutionalism, Judicial Review, and Progressive Change," review of Ran Hirschl, Towards Juristocracy, Harvard University Press (2004), 84 Texas Law Review 433 (2005). Lexis Advance | Westlaw | SSRN
  57. Linda McClain, "Deterring 'Irresponsible' Reproduction Through Welfare Reform," in Feminism Confronts Homo Economicus: Gender, Law, and Society 225, Martha Albertson Fineman & T. Dougherty, eds., Cornell University Press (2005). SSRN
  58. Linda McClain, Privacies: Philosophical Evaluations, Beate Rossler, ed., Stanford University Press (2004), 3 Perspectives on Politics 359 (2005).
  59. Linda McClain, "The Domain of Civic Virtue in a Good Society: Families, Schools, and Sex Equality," in Varieties of Feminist Liberalism 207, Amy Baehr, ed., Rowman & Littlefield (2004).
  60. Linda McClain, "Negotiating Gender and (Free and Equal) Citizenship: The Place of Associations," in Symposium Rawls and the Law, 72 Fordham Law Review 1569 (2004).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  61. Linda McClain, "Intimate Affiliation and Democracy: Beyond Marriage?" in Symposium Marriage Families and Democracy (Conference), 32 Hofstra Law Review 379 (2003).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  62. Linda McClain, "The Place of Marriage in Democracy's Formative Project," in Symposium Democracy in the Electronic Era, 11:3 The Good Society 50 (2002).
  63. Linda McClain, "Care as a Public Value: Linking Responsibility, Resources, and Republicanism," in Symposium The Structures of Care Work, 76 Chicago-Kent Law Review 1673 (2001).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  64. Linda McClain, "Citizenship Begins at Home: The New Social Contract and Working Families," in Progressive Politics in the Global Age 95, Henry Tam, ed., Polity Press (2001).
  65. Linda McClain, "The Domain of Civic Virtue in a Good Society: Families, Schools, and Sex Equality," in Symposium The Constitution and the Good Society: The Constitution of Civic Virtue for a Good Society, 69 Fordham Law Review 1617 (2001).
    Lexis Advance | HeinOnline (BU) | HeinOnline
  66. Linda McClain & James Fleming, "Foreword: Legal and Constitutional Implications of the Calls to Revive Civil Society," in Symposium Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 289 (2000).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  67. Linda McClain & James Fleming, "Some Questions for Civil Society-Revivalists," in Symposium Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 301 (2000).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  68. Linda McClain, "Toward a Formative Project of Securing Freedom and Equality," in Symposium Beyond Equality: Power and the Possibility of Freedom in the Republic of Choice, 85 Cornell Law Review 1221 (2000).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  69. Linda McClain, "The Liberal Future of Relational Feminism: Robin West's Caring for Justice," 24 Law & Social Inquiry 477 (1999).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  70. Linda McClain, "Reconstructive Tasks for a Liberal Feminist Conception of Privacy," in Symposium Reconstructing Liberalism, 40 William & Mary Law Review 759 (1999).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  71. Linda McClain, "Deliberative Democracy, Overlapping Consensus, and Same-Sex Marriage," in Symposium The Relevance of Religion to a Lawyer's Work: An Interfaith Conference: The Political Theory Perspective, 66 Fordham Law Review 1241 (1998).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  72. James Fleming & Linda McClain, "The Right to Privacy in Sandel's Procedural Republic," in Debating Democracy's Discontent: Essays on American Politics, Law, and Public Philosophy 248, Anita L. Allen & Milton C. Regan, eds., Oxford University Press (1998).
  73. Linda McClain, "Toleration, Autonomy, and Governmental Promotion of Good Lives: Beyond 'Empty' Toleration to Toleration as Respect," 59 Ohio State Law Journal 19 (1998).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  74. Linda McClain & James Fleming, "In Search of a Substantive Republic," review of Michael J. Sandel, Democracy's Discontent, Harvard University Press (1996) and Cass R. Sunstein, Legal Reasoning and Political Conflict, Oxford University Press (1996), 76 Texas Law Review 509 (1997). Lexis Advance | Westlaw
  75. Linda McClain, "'Irresponsible' Reproduction," 47 Hastings Law Journal 339 (1995-96).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  76. Linda McClain, "Inviolability and Privacy: The Castle, The Sanctuary, and The Body," in Symposium The Sacred Body in Law and Literature, 7 Yale Journal of Law & the Humanities 195 (1995).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  77. Linda McClain, "Equality, Oppression, and Abortion: Women Who Oppose Abortion Rights in the Name of Feminism," in Feminist Nightmares: Women at Odds 159, Susan Ostrov Weisser & Jennifer Fleischner, eds., New York University Press (1994).
  78. Linda McClain, "Rights and Irresponsibility," 43 Duke Law Journal 989 (1994).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  79. Linda McClain, "'Atomistic Man' Revisited: Liberalism, Connection, and Feminist Jurisprudence," 65 Southern California Law Review 1171 (1992).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  80. Linda McClain, "The Poverty of Privacy?" in Symposium Reproductive Issues in a Post-Roe World, 3 Columbia Journal of Gender & Law 119 (1992).
    HeinOnline (BU) | HeinOnline | Westlaw
Courses

Var credits

McClain: This course offers a survey of family law, including case law, statutory law, and the constitutional limitations on regulation of the family. An aim of the course is to introduce students to family law as a dynamic field of law concerning a basic social institution: the family. Family law is a foundational course relevant to many areas of law practice. Students will gain knowledge about how family law intersects with many other fields of law, such as contracts, constitutional law, conflicts of laws, criminal law, property, tax, torts, and trusts and estates, as well as how family law draws on the social sciences. Students will be introduced to the role of negotiation, mediation, and other forms of dispute resolution in the practice of family law. The course will focus on marriage, nonmarital families, divorce, pathways to becoming a parent, and the parent-child relationship. Topics include defining and regulating marriage; formal and informal marriage; cohabitation and alternatives to marriage (such as domestic partnerships); common law incidents of marriage and transformation of the common law; domestic violence; traditional and "no fault" divorce; property division; spousal support; child support; child custody; and regulating parenthood. There will be a final examination. There will also be one short paper and an in-class skills exercise, which will contribute to the final grade. Silbaugh: This survey course will provide an introduction to the legal regulation of the family. The course will focus on the legal regulation and response to both adult and adult-child relationships. Topics covered will include: cohabitation; marriage; civil union; divorce and dissolution of relationships; the financial consequences of divorce including property division and alimony; premarital agreements; the laws governing non-marital relationships; family mediation; child custody, visitation, and parenting plans; child support; paternity; assisted reproductive technologies; and adoption. The course will also cover the interaction between families and the state in related areas of law including employment law and education law. There will be a final examination as well as in-class drafting and negotiation exercises. GRADING NOTICE: This class does not offer the CR/NC/H option.

SPRG 2017: LAW JD 814 S1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 11:00 am 12:25 pm Var Katharine B. Silbaugh LAW 101
FALL 2017: LAW JD 814 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:40 am 12:40 pm 4 Linda C. McClain LAW 418
SPRG 2018: LAW JD 814 S1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue,Thu 11:00 am 12:25 pm 3 Katharine B. Silbaugh

3 credits

This seminar examines the evolution of feminist jurisprudence (also called feminist legal theory) and its critique of the U.S. legal system and its norms. It takes up various debates within feminist jurisprudence and examines its application to many contemporary issues of law and public policy. The seminar provides an introduction to the various "generations" of feminist legal theory, as well as its relationship to other forms of legal theory. Students will learn about prominent strands of feminist legal theory, including liberal (or sameness), relational (or difference), radical (or dominance), Critical Race (or intersectional) and anti-essentialist, postmodern, and "Third Wave" feminism. We will consider the relationship between feminist jurisprudence and other forms of critical theory, such as Critical Race Theory, Queer Theory, and masculinities theory. The seminar will assess debates within feminist jurisprudence concerning how best to understand gender, the ideals of sex equality and equal citizenship, questions of sameness and difference between women and men, and over whether, in view of differences among women based on class, ethnicity, race, and sexual orientation and in view of other critiques of identity categories, it is desirable or possible to speak about "women" -- or "men" -- as meaningful categories. Topics covered vary, depending on student interest, but will likely include some of the following: legal regulation of sexuality, marriage, reproduction, and family; work/life conflict; employment discrimination (including sexual harassment); political leadership and representation; pornography; poverty and social welfare policy; violence against women; war and military service; international human rights; and the debate over multiculturalism and its impact on sex equality. Students may write a research paper or three shorter papers. Either of these writing options may satisfy the Upper-class Writing requirement. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2018: LAW JD 990 A1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
Thu 10:40 am 12:40 pm 3 Linda C. McClain
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