Linda C. McClain

Robert Kent Professor of Law

Affiliated Faculty, Kilachand Honors College and Women’s, Gender, & Sexuality Studies Program, Boston University College of Arts & Sciences

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, Gender Matters, Religion & Law

Linda C. McClain is known for her work in family law, gender and law, and feminist legal theory. Her most recent book, Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020), argues that, although denouncing and preventing bigotry is a shared political value with a long history, people disagree over who is a bigot and what makes a belief, attitude, or action bigoted. This is evident from the rejoinder that calling out bigotry is intolerant political correctness, even bigotry itself. The book addresses puzzles about bigotry by tracing the rhetoric of bigotry and conscience across a range of debates relating to marriage and antidiscrimination law. In the words of one reviewer, “this is required reading for anyone who wants to understand our polarized society and how we got here.” Professor McClain is the author of several other books (described below) and numerous scholarly articles and book chapters. 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. 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.

Professor McClain is a former Laurence S. Rockefeller Fellow at Princeton University’s University Center for Human Values and a former faculty fellow at the Harvard University Center for Ethics and the Professions (now the Safra Center). A member of the American Law Institute, she serves on the Executive Committee for the AALS Sections on Family and Juvenile Law and on Women in Legal Education. She is a member of the Council on Contemporary Families, the American Political Science Association, and the American Society for Political and Legal Philosophy. 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. She enjoys playing classical piano.

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 frequently speaks to the press on issues concerning family law and marriage.

About Professor McClain’s Books

Who's the Bigot?Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) traces the rhetoric of bigotry and conscience in controversies over marriage – interfaith, interracial and same-sex—and civil rights laws– both the landmark Civil Rights Act of 1964 and modern state laws protecting LGBTQ persons against discrimination. Read an excerpt here. The book shows recurring patterns of arguments in these social, political, and constitutional battles and suggests lessons learned from such study about bigotry’s puzzles. For example:

denouncing and preventing bigotry in all its forms is a shared political value with a long history, but people disagree over who is a bigot and what makes a belief, attitude, or action bigoted. A frequent rejoinder to calling out bigotry is that the charge reflects intolerant political correctness, even bigotry itself. People also disagree over what it means to be “on the wrong side of history” and how present forms of discrimination resemble or differ from past forms.  McClain argues that understandings of bigotry have both a backward- and forward-looking dimension: people make new judgments about forms of “bigotry” based on consensus on past forms and reason from the past to come to new understandings of injustice and justice.

Advance praise and other reviews

In the Media

    Book symposia on Who’s the Bigot?

    • Balkinization, June 2020, with commentary by Professors Aziza Ahmed, Dale Carpenter, Imer Flores, Cathleen Kaveny, Randall Kennedy, and Andrew Koppelman, and a response by Professor McClain
    • Boston University Law Review, December 2019, with commentary by Professors John Corvino, Melissa Murray, Sonu Bedi, Douglas NeJaime, James E. Fleming, and Imer Flores, and a response by Professor McClain

    Contemporary Family Law (West Academic, 5th ed. 2019), with Douglas E. Abrams, Naomi R. Cahn, and Catherine J. Ross, 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.”

    1. Linda McClain & Brittany Hacker, "Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive," in Oxford Handbook of Feminism and the Law in the United States , Martha Chamallas, Deborah Brake & Verna Williams, eds., Oxford University Press (forthcoming). SSRN | Scholarly Commons
    2. Linda McClain, "Bigotry, Civility, and Reinvigorating Civic Education: Government's Formative Task amid Polarization," in The Impact of Law: On Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies 109, John Witte & Michael Welker, eds., Evangelische Verlagsanstalt (2021). SSRN | Scholarly Commons
    3. Linda McClain, "Bigotry, Prophecy, Religion, and the Race Analogy in Marriage and Civil Rights Battles: Responding to Commentaries on Who's the Bigot?" 36 Journal of Law and Religion 358 (2021).
      Scholarly Commons
    4. James Fleming & Linda McClain, "Civic Education in Circumstances of Constitutional Rot," 101 Boston University Law Review (forthcoming).
    5. Linda McClain & Naomi R. Cahn, "Gendered Complications of Covid-19: Towards a Feminist Recovery Plan," 22 Georgetown Journal of Gender and the Law 1 (2021).
      SSRN | Scholarly Commons
    6. Linda McClain, "Obergefell, Masterpiece Cakeshop, Fulton, and Public-Private Partnerships: Unleashing v. Harnessing 'Armies of Compassion' 2.0?" Family Court Review (forthcoming).
      SSRN | Scholarly Commons
    7. Linda McClain, "Palmore v. Sidoti: The Troubling Effects of 'Private Biases'," in Painting Constitutional Law: Xavier Cortada's Images of Constitutional Rights 122, Howard M. Wasserman & M.C. Mirow, eds., Brill (2021). SSRN | Scholarly Commons
    8. Kyle Velte, David Cruz, Michael Higdon, Anthony Michael Kreis, Shirley Lin & Linda McClain, Brief of Amici Curiae Legal Scholars in Support of Equality in Support of Respondents, Fulton v. City of Philadelpha, (2020).
      SSRN | Scholarly Commons
    9. Linda McClain, "What Becomes a Legendary Constitutional Campaign Most? Marking the Nineteenth Amendment at One Hundred," in Symposium The Centenary of the Nineteenth Amendment: New Reflections on the History and Future of Gender, Representation, and Citizenship Rights, 100 Boston University Law Review 1753 (2020).
      SSRN | Scholarly Commons
    10. Linda McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law, Oxford University Press (2020).
    11. Linda McClain, "A “Woman’s Best Right”—To a Husband or the Ballot?: Political and Household Governance in Anthony Trollope’s Palliser Novels," 100 Boston University Law Review 1861 (2020).
      SSRN | Scholarly Commons
    12. Linda McClain, "'‘Male Chauvinism’ Is Under Attack from All Sides at Present': Roberts v. United States Jaycees, Sex Discrimination, and the First Amendment," 87 Fordham Law Review 2385 (2019).
      SSRN | Scholarly Commons
    13. Linda McClain, Douglas E. Abrams, Naomi R. Cahn & Catherine J. Ross, Contemporary Family Law, 5th edition, West Academic Publishing (2019); (4th ed. 2015).
    14. Linda McClain, "Response to Commentaries on Who’s the Bigot?," in Symposium on Linda C. McClain’s Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law, 99 Boston University Law Review 2713 (2019).
      Scholarly Commons | SSRN
    15. Linda McClain, "The Rhetoric of Bigotry and Conscience in Battles Over 'Religious Liberty v. LGBT Rights'," in Religious Freedom, LGBT Rights, and the Prospects for Common Ground , William N. Eskridge Jr. & Robin Fretwell Wilson, eds., Cambridge University Press (2019). SSRN | Scholarly Commons
    16. Linda McClain & James Fleming, "Dworkin’s Perfectionism," in Dignity in the Legal and Political Philosophy of Ronald Dworkin , Lokendra Malik, Salman Khurshid & Veronica Rodriguez-Blanco, eds., Oxford University Press (2018). Scholarly Commons
    17. Linda McClain, "Formative Projects, Formative Influences: Of Martha Albertson Fineman and Feminist, Liberal, and Vulnerable Subjects," 67 Emory Law Review 1175 (2018).
      Scholarly Commons | SSRN
    18. Linda McClain, "Prejudice, Constitutional Moral Progress, and Being "On the Right Side of History": Reflections on Loving v. Virginia at Fifty," in Symposium Fifty Years of Loving v. Virginia and the Continued Pursuit of Racial Equality, 86 Fordham Law Review 2701 (2018).
      Scholarly Commons | SSRN
    19. Linda McClain, POV: Scotus Should Not Permit “Boycott” of Same-Sex Marriage, BU Today (Dec. 19, 2017). Publisher
    20. 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 | Scholarly Commons
    21. Linda McClain, Will Focusing on Men’s Moral Calculus Make Abortion Less “about” Gender? Concurring Opinions (book symposium on Carol Sanger, About Abortion (Harv. Univ. Press, 2017)) (April 6, 2017). Publisher
    22. Linda McClain, From Outlaw to Outcast to In-Law? Contesting the Perils of Marriage Equality, Boston University Law Review Annex, (book symposium on  Katherine Franke’s Wedlocked: The Perils of Marriage Equality (NYU Press, 2015)) (April 11, 2016). Publisher
    23. Linda McClain, Conscience Protection and Discrimination in the Republican Party Platform and Mississippi’s H.B. 1523, Religious Freedom Institute (July 30, 2016). Publisher
    24. 51 no.2 Tulsa Law Review Winter 2016 - Book Review Issue, Linda McClain & Ken I. Kersch, eds., University of Tulsa College of Law (2016).
    25. 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 | Scholarly Commons
    26. 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
    27. 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).
    28. James Fleming, Sotirios A. Barber, Stephen Macedo & Linda McClain, Gay Rights and the Constitution, Foundation Press (2016).
      Scholarly Commons | Publisher
    29. 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 | Scholarly Commons
    30. 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 | Scholarly Commons
    31. 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 | Scholarly Commons
    32. 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
    33. 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 | Scholarly Commons
    34. 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 | Scholarly Commons
    35. 50 no.2 Tulsa Law Review Winter 2014 - Book Review Issue, Linda McClain & Ken I. Kersch, eds., University of Tulsa College of Law (2014).
    36. 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 | Scholarly Commons
    37. 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 | HeinOnline (BU) | HeinOnline | Scholarly Commons
    38. Linda McClain & James Fleming, "The Myth of Strict Scrutiny for Fundamental Rights," 12 Dartmouth Law Journal 1 (2014).
      HeinOnline (BU) | HeinOnline
    39. 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 | Scholarly Commons
    40. 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
    41. 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).
      SSRN | Scholarly Commons
    42. 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).
    43. Linda McClain, "Federal Family Policy and Family Values From Clinton to Obama, 1992-2012 and Beyond," 2013 Michigan State Law Review 1621 (2013).
      SSRN | Scholarly Commons
    44. 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 | Scholarly Commons
    45. Linda McClain & James Fleming, "Ordered Liberty: Response to Michael Dorf," 93 Boston University Law Review 1481 (2013).
    46. 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).
    47. 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 | SSRN | Scholarly Commons
    48. Linda McClain & Ken I. Kersch, "Preface," in Symposium Book Review issue, 47 Tulsa Law Review viii (2013).
    49. 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). SSRN | Scholarly Commons
    50. What Is Parenthood?: Contemporary Debates about the Family, Linda McClain & Daniel Cere, eds., New York University Press (2013).
      SSRN | Scholarly Commons
    51. 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).
    52. 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 | Scholarly Commons
    53. 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).
    54. 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 | Scholarly Commons
    55. 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 | Scholarly Commons
    56. 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 | Scholarly Commons
    57. 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 | Scholarly Commons
    58. 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
    59. 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 | Scholarly Commons
    60. 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
    61. Gender Equality: Dimensions of Women's Equal Citizenship, Linda McClain & Joanna L. Grossman, eds., Cambridge University Press (2009).
    62. 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 | HeinOnline (BU) | HeinOnline | Westlaw | Scholarly Commons
    63. 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 | Scholarly Commons
    64. 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 | Scholarly Commons
    65. 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 | HeinOnline (BU) | HeinOnline | Westlaw | Scholarly Commons
    66. 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 | HeinOnline (BU) | HeinOnline | Westlaw | Scholarly Commons
    67. Linda McClain, "Love, Marriage, and the Baby Carriage: Revisiting the Channeling Function of Family Law," 28 Cardozo Law Review 2133 (2007).
      SSRN | HeinOnline (BU) | HeinOnline | Westlaw | Scholarly Commons
    68. 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).
    69. 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 | HeinOnline (BU) | HeinOnline | Westlaw | Scholarly Commons
    70. 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 | Westlaw
    71. Linda McClain, "Family Constitutions and the (New) Constitution of the Family," in Symposium A New Constitutional Order, 75 Fordham Law Review 833 (2006).
      HeinOnline (BU) | HeinOnline | Westlaw | Scholarly Commons
    72. Linda McClain, The Place of Families: Fostering Capacity, Equality, and Responsibility, Harvard University Press (2006).
    73. 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 | HeinOnline (BU) | HeinOnline | Westlaw | Scholarly Commons
    74. 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
    75. 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).
      HeinOnline (BU) | HeinOnline | Westlaw | Scholarly Commons
    76. 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). Westlaw | SSRN | Scholarly Commons
    77. 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
    78. Linda McClain, Privacies: Philosophical Evaluations, Beate Rossler, ed., Stanford University Press (2004), 3 Perspectives on Politics 359 (2005).
    79. 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).
    80. 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 | HeinOnline (BU) | HeinOnline | Westlaw | Scholarly Commons
    81. Linda McClain, "Intimate Affiliation and Democracy: Beyond Marriage?" in Symposium Marriage Families and Democracy (Conference), 32 Hofstra Law Review 379 (2003).
      SSRN | HeinOnline (BU) | HeinOnline | Westlaw | Scholarly Commons
    82. 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).
    83. 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).
      HeinOnline (BU) | HeinOnline | Westlaw
    84. 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).
    85. 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).
      HeinOnline (BU) | HeinOnline
    86. James Fleming & Linda McClain, "Foreword," in Symposium on Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 289 (2000).
      Westlaw | HeinOnline (BU) | HeinOnline
    87. 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 | HeinOnline (BU) | HeinOnline | Westlaw
    88. 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 | HeinOnline (BU) | HeinOnline | Westlaw
    89. 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).
      HeinOnline (BU) | HeinOnline | Westlaw
    90. Linda McClain, "The Liberal Future of Relational Feminism: Robin West's Caring for Justice," 24 Law & Social Inquiry 477 (1999).
      HeinOnline (BU) | HeinOnline | Westlaw
    91. Linda McClain, "Reconstructive Tasks for a Liberal Feminist Conception of Privacy," in Symposium Reconstructing Liberalism, 40 William & Mary Law Review 759 (1999).
      HeinOnline (BU) | HeinOnline | Westlaw
    92. 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).
      HeinOnline (BU) | HeinOnline | Westlaw
    93. 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).
    94. Linda McClain, "Toleration, Autonomy, and Governmental Promotion of Good Lives: Beyond 'Empty' Toleration to Toleration as Respect," 59 Ohio State Law Journal 19 (1998).
      HeinOnline (BU) | HeinOnline | Westlaw
    95. 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). Westlaw
    96. Linda McClain, "'Irresponsible' Reproduction," 47 Hastings Law Journal 339 (1995-96).
      HeinOnline (BU) | HeinOnline | Westlaw
    97. 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).
      HeinOnline (BU) | HeinOnline | Westlaw
    98. 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).
    99. Linda McClain, "Rights and Irresponsibility," 43 Duke Law Journal 989 (1994).
      HeinOnline (BU) | HeinOnline | Westlaw
    100. Linda McClain, "'Atomistic Man' Revisited: Liberalism, Connection, and Feminist Jurisprudence," 65 Southern California Law Review 1171 (1992).
      HeinOnline (BU) | HeinOnline | Westlaw
    101. 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
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