Linda McClain
Find articles in: SSRN, Hein (BU users), Hein, Lexis, Westlaw
Publications
Forthcoming
Ordered Liberty: Rights, Responsibilities, and Virtues, with James E. Fleming, Harvard University Press (forthcoming).
What Is Parenthood?: Contemporary Debates about the Family, New York University Press, with Daniel Cere, eds. (forthcoming).
"Constitutional and Religious Redemption: Assessing Jack Balkin's Call for a 'Constitutional Project’," 92 Boston University Law Review (forthcoming).
"Marriage Pluralism, Family Law Jurisdiction, and Sex Equality in the United States," in Untying the Knots: Theorizing Conflicts Between Gender Equality and Religious Laws Lisa Fishbayn, ed., Brandeis University Press (forthcoming).
"Nature, 'Male' and 'Female' Brains, and Social Engineering: Reflections on Evolution and Equality," in 52 NOMOS: Evolution and Morality, J. E. Fleming & S. Levinson, eds., New York University Press (forthcoming).
2012
"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).
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"Respecting Freedom and Cultivating Virtues in Justifying Constitutional Rights," with James E. Fleming, in Symposium, Justice: What's the Right Thing to Do: A Public Lecture and and Symposium on Michael J. Sandel's Recent Book: Panelist Papers, 91 Boston University Law Review 1311 (2012).
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2011
"Involuntary Servitude, Public Accommodations Laws, and the Legacy of Heart of Atlanta Motel v. United States," 71 University of Maryland Law Review 83 (2011).
"Religious and Political Virtues and Values in Congruence or Conflict?: On Smith, Bob Jones University, and Christian Legal Society," 32 Cardozo Law Review 1959 (2011).
Full text: SSRN
"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).
Full text: SSRN
2010
"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).
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2009
"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, M. A. Fineman & K. Worthington, eds., Ashgate (2009).
Full text: SSRN
Gender Equality: Dimensions of Women's Equal Citizenship, with Joanna L. Grossman, ed., Cambridge University Press (2009).
"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).
Full text: Hein (BU) Hein Lexis Westlaw
2008
"Family Life, the Politics of the Family, and Social Transformation," in Symposium on The Place of Families: Fostering Capacity, Equality, and Responsibility, 17:1 The Good Society 68 (2008).
"Red Versus Blue (and Purple) States in the Same-Sex Marriage Debate: From Values Polarization to Common Ground?" in Symposium on Red State v. Blue State: The Judicial Role in an Era of Partisanship, 77 University of Missouri-Kansas City Law Review 415 (2008-09).
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"Unleashing or Harnessing 'Armies of Compassion'?: Reflections on the Faith-Based Initiative," in Symposium on Checks and Balances Today: The Reality of Separation of Powers, 39 Loyola University Chicago Law Journal 361 (2008).
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2007
"Love, Marriage, and the Baby Carriage: Revisiting the Channeling Function of Family Law," 28 Cardozo Law Review 2133 (2007).
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"The 'Male Problematic' and the Problems of Family Law: A Response to Don Browning's 'Critical Familism’," 56 Emory Law Journal 1407 (2007).
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"The Role of the 'Natural Family' in Religious Opposition to Human Rights Instruments," in Family Law: Balancing Interests and Pursuing Priorities 95, L. D. Wardle & C. S. Williams, eds., William S. Hein & Co. (2007).
2006
"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).
Full text: Lexis Westlaw
"Family Constitutions and the (New) Constitution of the Family," in Symposium on A New Constitutional Order, 75 Fordham Law Review 833 (2006).
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"'God's Created Order', Gender Complementarity, and the Federal Marriage Amendment," in Symposium on Debates about Same-Sex Marriage in Canada and the United States, 20 BYU Journal of Public Law 313 (2006).
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The Place of Families: Fostering Capacity, Equality, and Responsibility, Harvard University Press (2006).
"Some ABCs of Feminist Sex Education (in Light of the Sexuality Critique of Legal Feminism)," in Symposium on Children and Education, 15 Columbia Journal of Gender & Law 63 (2006).
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"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).
2005
"Bend It Like Beckham and Real Women Have Curves: Constructing Identity in Multicultural Coming-of-Age Stories," in Symposium on Privacy and Identity: Constructing, Maintaining, and Protecting Personhood, 54 DePaul Law Review 701 (2005).
Full text: Hein (BU) Hein Lexis Westlaw
"Constitutionalism, Judicial Review, and Progressive Change," with James E. Fleming, review of Ran Hirschl, Towards Juristocracy, Harvard University Press (2004), 84 Texas Law Review 433 (2005).
Full text: Lexis Westlaw
"Deterring 'Irresponsible' Reproduction Through Welfare Reform," in Feminism Confronts Homo Economicus: Gender, Law, and Society 225, M. A. Fineman & T. Dougherty, eds., Cornell University Press (2005).
Book Review, Privacies: Philosophical Evaluations, Beate Rossler, ed., Stanford University Press (2004), 3 Perspectives on Politics 359 (2005).
2004
"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).
Full text: Westlaw
"Negotiating Gender and (Free and Equal) Citizenship: The Place of Associations," in Symposium on Rawls and the Law, 72 Fordham Law Review 1569 (2004).
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2003
"Intimate Affiliation and Democracy: Beyond Marriage?" in Symposium on Marriage Families and Democracy (Conference), 32 Hofstra Law Review 379 (2003).
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2002
"The Place of Marriage in Democracy's Formative Project," in Symposium on Democracy in the Electronic Era, 11:3 The Good Society 50 (2002).
2001
"Care as a Public Value: Linking Responsibility, Resources, and Republicanism," in Symposium on the Structures of Care Work, 76 Chicago-Kent Law Review 1673 (2001).
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"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).
"The Domain of Civic Virtue in a Good Society: Families, Schools, and Sex Equality," in Symposium on The Constitution and the Good Society: The Constitution of Civic Virtue for a Good Society, 69 Fordham Law Review 1617 (2001).
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2000
"Foreword: Legal and Constitutional Implications of the Calls to Revive Civil Society," with James E. Fleming, in Symposium on Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 289 (2000).
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"Some Questions for Civil Society-Revivalists," with James E. Fleming, in Symposium on Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 301 (2000).
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"Toward a Formative Project of Securing Freedom and Equality," in Symposium on Beyond Equality: Power and the Possibility of Freedom in the Republic of Choice, 85 Cornell Law Review 1221 (2000).
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1999
"The Liberal Future of Relational Feminism: Robin West's Caring for Justice," 24 Law & Social Inquiry 477 (1999).
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"Reconstructive Tasks for a Liberal Feminist Conception of Privacy," in Symposium on Reconstructing Liberalism, 40 William & Mary Law Review 759 (1999).
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1998
"Deliberative Democracy, Overlapping Consensus, and Same-Sex Marriage," in Symposium on The Relevance of Religion to a Lawyer's Work: An Interfaith Conference: The Political Theory Perspective, 66 Fordham Law Review 1241 (1998).
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"The Right to Privacy in Sandel's Procedural Republic," with James E. Fleming, in Debating Democracy's Discontent: Essays on American Politics, Law, and Public Philosophy 248, A. L. Allen & M. C. Regan, Jr., eds., Oxford University Press (1998).
"Toleration, Autonomy, and Governmental Promotion of Good Lives: Beyond 'Empty' Toleration to Toleration as Respect," 59 Ohio State Law Journal 19 (1998).
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1997
"In Search of a Substantive Republic," with James E. Fleming, 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).
Full text: Lexis Westlaw
1996
"'Irresponsible' Reproduction," 47 Hastings Law Journal 339 (1995-96).
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1995
"Inviolability and Privacy: The Castle, The Sanctuary, and The Body," in Symposium on The Sacred Body in Law and Literature, 7 Yale Journal of Law & the Humanities 195 (1995).
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1994
"Equality, Oppression, and Abortion: Women Who Oppose Abortion Rights in the Name of Feminism," in Feminist Nightmares: Women at Odds 159, S. O. Weisser & J. Fleischner, eds., New York University Press (1994).
"Rights and Irresponsibility," 43 Duke Law Journal 989 (1994).
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1992
"'Atomistic Man' Revisited: Liberalism, Connection, and Feminist Jurisprudence," 65 Southern California Law Review 1171 (1992).
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"The Poverty of Privacy?" in Symposium on Reproductive Issues in a Post-Roe World, 3 Columbia Journal of Gender & Law 119 (1992).
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