Abstract

http://ssrn.com/abstract=2369948
 


 



Chronicle of a Debt Foretold: Zablocki v. Red Hail, 434 U.S. 374 (1978)


Tonya L. Brito


University of Wisconsin Law School; Institute for Legal Studies; Institute for Research on Poverty

Raymond Kirk Anderson


University of Wisconsin School of Education

Monica Ashley Wedgewood


University of Wisconsin Law School

December 19, 2013

The Poverty Law Canon, University of Michigan Press, 2014 Forthcoming
Univ. of Wisconsin Legal Studies Research Paper No. 1241

Abstract:     
Zablocki v. Red Hail is a canonical case in family law jurisprudence. One of the few Supreme Court decisions addressing the fundamental right to marry, the case involves a successful challenge to Wisconsin's "permission to marry" statute. However, the conventional understanding of the case addresses only part of the story. The narrative threads uncovered as part of this oral history research study reveal a more multifaceted and complicated story than has been previously appreciated. The story behind Zablocki v. Red Hail spans the 1970s in Milwaukee, a period of great inequality and dynamic social change. It also engages the American Indian experience in the United States, particularly the experience of urban Indians who have been uprooted from their native lands and disconnected from their heritage and history. Finally, although Zablocki v. Red Hail was a significant constitutional victory, the ruling did not secure justice for Roger Red Hail because the pursuit of a rights-based claim left standing an economically unjust (and apparently unending) child support order.

Keywords: Family Law, Indian, Native American Poverty, Poverty Law, Equality, Inequality, Constitutional Law, Fundamental Rights, Child Support, Justice, Legal History, Law and Society

Accepted Paper Series


Not Available For Download

Date posted: December 24, 2013  

Suggested Citation

Brito, Tonya L. and Anderson, Raymond Kirk and Wedgewood, Monica Ashley, Chronicle of a Debt Foretold: Zablocki v. Red Hail, 434 U.S. 374 (1978) (December 19, 2013). The Poverty Law Canon, University of Michigan Press, 2014 Forthcoming; Univ. of Wisconsin Legal Studies Research Paper No. 1241. Available at SSRN: http://ssrn.com/abstract=2369948

Contact Information

Tonya L. Brito (Contact Author)
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
Institute for Legal Studies ( email )
Madison
United States
Institute for Research on Poverty ( email )
United States
Raymond Kirk Anderson
University of Wisconsin School of Education ( email )
Monica Ashley Wedgewood
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
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