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12 Jan 2022, 3:30 am by Brian Bix
Brian Bix As Katharine Baker recounts in her excellent article, Equality and Family Autonomy, functional analysis was once part of a positive progressive narrative within family law: it was through a functional analysis that scholars and courts (and some legislatures) found a way to give legal recognition – and legal protection – to individuals and families whom legal formalities would not protect. [read post]
16 Jan 2018, 3:30 am by Brian Bix
Brian Bix William Blackstone was for a long time one of the central figures of both British and American legal thought. [read post]
9 Jan 2025, 3:30 am by Brian Bix
Brian Bix The role of extended family in childcare has always been significant. [read post]
1 Nov 2018, 3:30 am by Brian Bix
Brian Bix Emily Stolzenberg’s excellent article, The New Family Freedom, outlines the tension within American society in general, and American family law in particular, between protecting individual choice (autonomy), on one hand, and having private (rather than collective) responsibility for dependency, on the other. [read post]
23 Feb 2024, 3:30 am by Brian Bix
Brian Bix A growing number of couples and individuals use some combination of in vitro fertilization (IVF) clinics, egg donors,1 sperm donors, and gestational surrogates to have children. [read post]
5 Dec 2019, 3:30 am by Brian Bix
Quarterly Rev. 214 (2018) Brian Bix In one sense, contemporary private law theory offers a wide range of approaches. [read post]
22 Feb 2012, 4:00 am by Brian Bix
Brian Bix A number of prominent legal positivists in recent years (including Jules Coleman and Scott Shapiro) have taken it as an urgent project – and have taken it as their project – to “explain law’s normativity. [read post]
28 Mar 2018, 3:30 am by Brian Bix
Brian Bix Though Hans Kelsen is arguably the best-known and most influential legal philosopher of the 20th century world-wide, he is not especially well known among American scholars, and when his work is discussed in this country, it is often misunderstood.1 One scholar who has worked tirelessly for decades to make Kelsen better known and better understood on these shores is Stanley L. [read post]
15 Apr 2010, 8:16 am by Brian Tamanaha
We also welcome jurisprudence reviews from others (send to Brian Bix or Brian Tamanaha). [read post]
2 Feb 2017, 3:30 am by Brian Tamanaha
As Brian Bix declares in his leading Jurisprudence text, “historical jurisprudence has largely disappeared. [read post]
27 May 2011, 6:14 am by Lawrence Solum
Please click HERE to download the interview with Brian Bix. [read post]
7 Oct 2009, 9:00 pm
Drake Taunya Lovell Banks (Maryland), Thurgood Marshall on the Bench: ‘Race Man' and ‘Pragmatic Feminist’ FSU Brian Bix (University of Minnesota), Contract Enforcement and the Harm Principle This paper is not publicly available. [read post]
2 Dec 2015, 3:30 am by Brian Bix
Brian Bix Henry Maine famously claimed that societies tend to move from status to contract.1Martha Ertman has been one of a number of prominent family law scholars who have chronicled, and at appropriate occasions critiqued, the way that family law has increasingly allowed enforceable agreements to modify or supplement the status relations of marriage and parenthood. [read post]
13 Dec 2016, 3:30 am by Brian Bix
Brian Bix Premarital agreements (also known as “antenuptial agreements” and “prenuptial agreements”) are agreements entered by spouses-to-be just before marriage. [read post]
24 Sep 2007, 5:05 am
"  The other paper-contributors were Brian Bix, Patrick Brennan, Larry Solum, and Joe Vining. [read post]
2 Apr 2010, 8:34 am by Brian Tamanaha
Jurisprudence: Theory and Context, Brian Bix. [read post]