Linda C. McClain

Boston University - School of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

SCHOLARLY PAPERS

67

DOWNLOADS
Rank 6,269

SSRN RANKINGS

Top 6,269

in Total Papers Downloads

9,739

SSRN CITATIONS

2

CROSSREF CITATIONS

8

Scholarly Papers (67)

1.

'Bend it Like Beckham' and 'Real Women Have Curves': Constructing Identity in Multicultural Coming-of-Age Stories

Number of pages: 55 Posted: 20 Apr 2005
Linda C. McClain
Boston University - School of Law
Downloads 1,141 (26,258)

Abstract:

Loading...

multicultural, identity, privacy, culture, adolescents, films, narratives, immigrants

2.

Constitutionalism, Judicial Review, and Progressive Change

Number of pages: 53 Posted: 24 Feb 2005
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law
Downloads 661 (55,744)

Abstract:

Loading...

judicial review, constitutionalism, progressive, sex equality, social change

3.

Family Constitutions and the (New) Constitution of the Family

Fordham Law Review, Vol. 73, p. 833, 2006, Hofstra University Legal Studies Research Paper No. 06-34
Number of pages: 50 Posted: 13 Dec 2006
Linda C. McClain
Boston University - School of Law
Downloads 419 (97,541)

Abstract:

Loading...

mission statements, family constitutions, constitution-making, family life, work/family conflict, religion, family business

4.

Love, Marriage, and the Baby Carriage: Revisiting the Channelling Function of Family Law

Cardozo Law Review, Vol. 28, No. 101, 2007, Hofstra Univ. Legal Studies Research Paper No. 07-14
Number of pages: 52 Posted: 12 Apr 2007
Linda C. McClain
Boston University - School of Law
Downloads 412 (99,512)

Abstract:

Loading...

family law, social institutions, channelling, marriage, parenthood, same-sex marriage, heterosexuality, social control

5.

What's so Hard About Sex Equality?: Nature, Culture, and Social Engineering

TRANSCENDING THE BOUNDARIES OF LAW: GENERATIONS OF FEMINISM AND LEGAL THEORY, Chapter 5, pp. 66-82, Martha Albertson Fineman, ed., Routledge, 2010, Boston Univ. School of Law Working Paper No. 10-30
Number of pages: 24 Posted: 22 Sep 2010
Linda C. McClain
Boston University - School of Law
Downloads 361 (115,620)

Abstract:

Loading...

Equality, evolutinary psychology, sociobiology, feminism, brain, neuroscience, primatology, marriage, mating

6.

Gendered Complications of COVID-19: Towards a Feminist Recovery Plan

Georgetown Journal of Gender and the Law, 2020, Virginia Public Law and Legal Theory Research Paper No. 2020-67, Boston Univ. School of Law, Public Law Research Paper No. 20-30
Number of pages: 56 Posted: 09 Sep 2020 Last Revised: 29 Jul 2021
Naomi Cahn and Linda C. McClain
University of Virginia School of Law and Boston University - School of Law
Downloads 328 (128,386)

Abstract:

Loading...

Gendered Inequalities, Frontlines of COVID-19, Catalogue of COVID-19’s Impact, Women’s Lives, Pandemic Limitations

7.

Gender Equality: Dimensions of Women's Equal Citizenship

GENDER EQUALITY: DIMENSIONS OF WOMEN'S EQUAL CITIZENSHIP, Linda C. McClain and Joanna L. Grossman, eds., Cambridge University Press, 2009, Boston Univ. School of Law Working Paper No. 09-37, Hofstra Univ. Legal Studies Research Paper No. 09-19
Number of pages: 4 Posted: 10 Aug 2009
Linda C. McClain and Joanna L. Grossman
Boston University - School of Law and Southern Methodist University - Dedman School of Law
Downloads 302 (140,043)

Abstract:

Loading...

gender equality, constitutional citizenship,m political citizenship, social citizenship, sexual and reproductive citizenship, global citizenship, gender

8.

Some Abcs of Feminist Sex Education (in Light of the Sexuality Critique of Legal Feminism)

Columbia Journal of Gender and Law, Vol. 15, p. 63, 2006, Hofstra Univ. Legal Studies Research Paper No. 06-26
Number of pages: 27 Posted: 10 Sep 2006
Linda C. McClain
Boston University - School of Law
Downloads 282 (150,322)

Abstract:

Loading...

sex education, feminism, liberalism, Queer Theory, intimacy, sexuality, marriage, adolescents, adultery

9.

Involuntary Servitude, Public Accommodations Laws, and the Legacy of Heart of Atlanta Motel, Inc. v. United States

71 University of Maryland Law Review 83 (2011), Boston Univ. School of Law, Public Law Research Paper No. 12-54
Number of pages: 81 Posted: 13 Dec 2012 Last Revised: 15 Mar 2013
Linda C. McClain
Boston University - School of Law
Downloads 258 (164,369)

Abstract:

Loading...

Thirteenth Amendment, slavery, involuntary servitude, property rights, public accommodations, Civil Rights Act of 1964, civil rights

10.

What is Parenthood?: Contemporary Debates about the Family

Linda C. McClain and Daniel Cere, eds., What is Parenthood?: Contemporary Debates about the Family (New York University Press, 2013); Linda C. McClain and Daniel Cere, "Introduction to What is Parenthood?: Contemporary Debates about the Family.", Boston Univ. School of Law, Public Law Research Paper No. 13-18
Number of pages: 25 Posted: 24 May 2013
Linda C. McClain and Daniel Cere
Boston University - School of Law and McGill University, Faculty of Religious Studies
Downloads 253 (167,587)

Abstract:

Loading...

Parenthood, parenting, family law, children, adults, marriage, attachment, transnational families, rights, child outcomes, gay and lesbian parents, same-sex marriage, evolution

11.

Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, and Rights Talk in Western Law

Margaret F. Brinig and Linda C. McClain, "Revisiting Mary Ann Glendon: Divorce, Dependency, and Rights Talk in Western Law" in SOLIDARITIES BETWEEN GENERATIONS (Hugues Fulchiron, ed., Bruylant, 2013), Boston Univ. School of Law, Public Law Research Paper No. 13-53, Notre Dame Legal Studies Paper No. 1466
Number of pages: 18 Posted: 10 Dec 2013 Last Revised: 11 Dec 2013
Margaret F. Brinig and Linda C. McClain
Notre Dame Law School and Boston University - School of Law
Downloads 242 (174,824)

Abstract:

Loading...

abortion, marriage, divorce, dependency, France, Mary Ann Glendon, intergenerational obligations, responsibility, family law, rights, communitarian, libertarian, dignity, gender

12.

Justice and Elegance for Hedgehogs - In Life, Law, and Literature

Boston University Law Review, Vol. 90, p. 863, 2010, Boston Univ. School of Law Working Paper No. 10-08
Number of pages: 41 Posted: 26 Apr 2010
Linda C. McClain
Boston University - School of Law
Downloads 234 (180,645)

Abstract:

Loading...

Ronald Dworkin, Muriel Barbery, hedgehog, pluralism, interpretation, law and literature, justice, values, narrative

13.

Marriage Pluralism in the United States: On Civil and Religious Jurisdiction and the Demands of Equal Citizenship

MARRIAGE AND DIVORCE IN A MULTI-CULTURAL CONTEXT: RECONSIDERING THE BOUNDARIES OF CIVIL LAW AND RELIGION, Joel Nichols, ed., Cambridge University Press, Forthcoming, Boston Univ. School of Law Working Paper No. 10-14
Number of pages: 57 Posted: 24 May 2010
Linda C. McClain
Boston University - School of Law
Downloads 222 (189,760)

Abstract:

Loading...

marriage, divorce, religious law, arbitration, pluralism, sex equality, citizenship, marriage contracts, family law

14.

Supreme Court Justices, Empathy, and Social Change: A Comment on Lani Guinier's Demosprudence Through Dissent

Boston University Law Review, Vol. 89, pp. 589-604, 2009, Boston Univ. School of Law Working Paper No. 09-23
Number of pages: 17 Posted: 30 Apr 2009 Last Revised: 03 Jun 2009
Linda C. McClain
Boston University - School of Law
Downloads 202 (207,310)

Abstract:

Loading...

Supreme Court, dissent, empathy, social change, justice, demosprudence

15.

The Place of Families: Fostering Capacity, Equality, and Responsibility

Hofstra Univ. Legal Studies Research Paper No. 06-11, Linda C. McClain, THE PLACE OF FAMILIES: FOSTERING CAPACITY, EQUALITY, AND RESPONSIBILITY, Harvard University Press, 2006
Number of pages: 3 Posted: 02 May 2006
Linda C. McClain
Boston University - School of Law
Downloads 182 (227,265)

Abstract:

Loading...

family, marriage, family law and policy, equality, sex roles, civics, civil society, feminist theory, liberal theory, welfare

16.

Religious and Political Virtues and Values in Congruence or Conflict?: On Smith, Bob Jones University, and Christian Legal Society

Cardozo Law Review, Vol. 32, No. 5, pp. 1959-2007, 2011, Boston Univ. School of Law Working Paper No. 11-18
Number of pages: 50 Posted: 08 May 2011
Linda C. McClain
Boston University - School of Law
Downloads 178 (231,667)

Abstract:

Loading...

religious liberty, free exercise of religion, First Amendment, pluralism, toleration, subsidy, antidiscrimination, gay rights, Bob Jones University, Christian Legal Society, Employment Division Department of Human Resources v. Smith, free exercise of religion, First Amendment, civil society

17.

Red Versus Blue (and Purple) States and the Same-Sex Marriage Debate: From Values Polarization to Common Ground?

University of Missouri-Kansas City Law Review, Vol. 77, p. 416, 2008, Boston Univ. School of Law Working Paper No. 09-20
Number of pages: 42 Posted: 17 Apr 2009
Linda C. McClain
Boston University - School of Law
Downloads 175 (234,996)

Abstract:

Loading...

Marriage, liberty, courts, values polarization, same-sex marriage, Ronald Dworkin, moral disagreement, dignity, responsibility, family values

18.

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

Duke Journal of Gender Law & Policy, Vol. 20, p. 351 (2013), Boston Univ. School of Law, Public Law Research Paper No. 13-51
Number of pages: 129 Posted: 06 Dec 2013
Linda C. McClain
Boston University - School of Law
Downloads 167 (244,445)

Abstract:

Loading...

marriage, same-sex marriage, homosexuality, morality, Defense of Marriage Act, antidiscrimination law, religion, LGBT, liberty, dignity, Equal Protection, Romer v. Evans, United States v. Windsor, Amendment 2

19.

James Q. Wilson's -- And Society's -- Marriage Problems

Forthcoming in book on the legacy of James Q. Wilson: Political Science Rightly Understood (R. Shep Melnick et al., editors), Boston Univ. School of Law, Public Law Research Paper No. 14-61
Number of pages: 37 Posted: 18 Oct 2014
Linda C. McClain
Boston University - School of Law
Downloads 160 (253,495)

Abstract:

Loading...

James Q. Wilson, moral sense, marriage, mothers, fathers, family values, marriage movement, welfare cohabitation, evolutionary biology, Defense of Marriage Act, responsible fatherhood, marriage promotion, individualism, gender equality

20.

The Rhetoric of Bigotry and Conscience in Battles Over 'Religious Liberty v. LGBT Rights'

Religious Freedom, LGBT Rights, and the Prospects for Common Ground (William S. Eskridge, Jr. & Robin Fretwell Wilson, eds., Cambridge University Press, Forthcoming), Boston Univ. School of Law, Public Law Research Paper No. 18-05
Number of pages: 19 Posted: 21 Mar 2018
Linda C. McClain
Boston University - School of Law
Downloads 157 (257,497)
Citation 1

Abstract:

Loading...

bigotry, conscience, marriage, religious liberty, toleration, pluralism, public accommodations, Civil Rights Act of 1964, sexual orientation, race discrimination, LGBT rights, exemptions

21.

God's Created Order, Gender Complementarity, and the Federal Marriage Amendment

Hofstra University Legal Studies Research Paper No. 06-33, Brigham Young University Journal of Public Law, Vol. 20, 2006
Number of pages: 32 Posted: 07 Dec 2006
Linda C. McClain
Boston University - School of Law
Downloads 149 (268,587)

Abstract:

Loading...

marriage, same-sex marriage, gender roles, federal marriage amendment, gender complementarity, religion

22.

The Civil Rights Act of 1964 and 'Legislating Morality': On Conscience, Prejudice, and Whether 'Stateways' Can Change 'Folkways'

95 Boston University Law Review 891 (2015), Boston Univ. School of Law, Public Law Research Paper No. 15-20
Number of pages: 38 Posted: 15 May 2015
Linda C. McClain
Boston University - School of Law
Downloads 148 (270,055)

Abstract:

Loading...

civil rights, prejudice, bigotry, Congress, antidiscrimination, segregation, conscience, morality, federalism, integration, public accommodations

23.

Can Religion Without God Lead to Religious Liberty Without Conflict?

94 Boston University Law Review 1273 (2014), Boston Univ. School of Law, Public Law Research Paper No. 14-45
Number of pages: 49 Posted: 27 Jul 2014 Last Revised: 22 Jun 2015
Linda C. McClain
Boston University - School of Law
Downloads 148 (270,055)

Abstract:

Loading...

Ronald Dworkin, liberralism, religion, religious liberty, marriage, atheism, values, ethics, culture wars, objectivity, dignity, responsibility, First Amendment

24.

Liberty

James E. Fleming & Linda C. McClain, "Liberty," Oxford Handbook of the United States Constitution (Mark Tushnet, Mark Graber, and Sanford Levinson, editors, Oxford University Press), Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 14-62
Number of pages: 36 Posted: 22 Oct 2014
James E. Fleming and Linda C. McClain
Boston University - School of Law and Boston University - School of Law
Downloads 146 (273,037)

Abstract:

Loading...

liberty, substantive due process, constitutional interpretation, privacy, autonomy, incorporation, constitutional rights, economic liberty, judicial review, Due Process clause

25.

The Role of the Natural Family in Religious Opposition to Human Rights

Boston Univ. School of Law Working Paper No. 07-31
Number of pages: 12 Posted: 03 Dec 2007
Linda C. McClain
Boston University - School of Law
Downloads 146 (273,037)

Abstract:

Loading...

family, evolutionary psychology, marriage movement, responsible fatherhood, feminist theory, religion, marriage, sex equality

26.

Dworkin's Perfectionism

Boston Univ. School of Law, Public Law Research Paper No. 15-45
Number of pages: 21 Posted: 01 Nov 2015
James E. Fleming and Linda C. McClain
Boston University - School of Law and Boston University - School of Law
Downloads 145 (274,565)
Citation 1

Abstract:

Loading...

Ronald Dworkin, moral reading of the American Constiution, Constitutional perfectionism, Interpretive perfectionism, Constitution-perfecting theory, Comprehensive liberalism, Governmental moralizng

27.

Negotiating Gender and (Free and Equal) Citizenship: The Place of Associations

Number of pages: 31 Posted: 08 Sep 2004
Linda C. McClain
Boston University - School of Law
Downloads 143 (277,539)

Abstract:

Loading...

Rawls, feminism, associations, multiculturalism, liberalism, gender, culture

28.

Nature, Culture, and Social Engineering: Reflections on Evolution and Equality

Nomos LII: Evolution and Morality, James E. Fleming and Sanford Levinson, eds., NYU Press, 2012, Boston Univ. School of Law, Public Law Research Paper, No. 12-53
Number of pages: 46 Posted: 09 Dec 2012 Last Revised: 15 Feb 2013
Linda C. McClain
Boston University - School of Law
Downloads 138 (285,212)

Abstract:

Loading...

sex equality, evolution, social engineering, neuroscience, brain science, sex difference, family law, marriage, work/family conflict, adultery

29.

Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive

OXFORD HANDBOOK OF FEMINISM AND THE LAW IN THE UNITED STATES (Martha Chamallas, Deborah L. Brake, and Verna L. Williams, editors, Oxford University Press, 2022 Forthcoming) , Boston Univ. School of Law Research Paper No. 21-16
Number of pages: 29 Posted: 28 May 2021
Linda C. McClain and Brittany Hacker
Boston University - School of Law and affiliation not provided to SSRN
Downloads 133 (293,388)

Abstract:

Loading...

Liberalism, Liberal Feminism, Ruth Bader Ginsburg, Pauli Murray, Title VII, Equal Protection Clause, second wave feminism, Susan Moller Okin, anti-stereotyping, John Rawls, autonomy, privacy, Anita Allen

30.

Ordered Gun Liberty: Rights with Responsibilities and Regulation

Boston University Law Review, Vol. 94 (2014), pp. 849-892, Boston Univ. School of Law, Public Law Research Paper No. 14-37
Number of pages: 45 Posted: 03 Jul 2014
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law
Downloads 118 (320,435)

Abstract:

Loading...

Second Amendment, gun control, gun regulation, right to bear arms, child protection, parental liberty, child access prevention laws, safe storage laws, political dysfunction, National Rifle Association

31.

Corporate Conscience and the Contraceptive Mandate: A Dworkinian Reading

Forthcoming in 30:1 Journal of Law and Religion 136-160 (May 2015), Boston Univ. School of Law, Public Law Research Paper No. 14-75
Number of pages: 48 Posted: 19 Dec 2014 Last Revised: 16 May 2015
Linda C. McClain
Boston University - School of Law
Downloads 115 (326,259)

Abstract:

Loading...

Ronald Dworkin, Hobby Lobby, Citizens United, Affordable Care Act, contraceptive mandate, religious exemption, accommodation, for-profit corporation, religious organizations, Free Exercise, Religious Freedom Restoration Acet, RFRA, reproductive health services, women's rights,conscientious objection

32.

Clintonism and the Legacy of 'New Democrat' Family Policy

Number of pages: 36 Posted: 20 Apr 2005
Linda C. McClain
Boston University - School of Law
Downloads 113 (330,276)

Abstract:

Loading...

Clinton, Clintonism, New Democrat, DLC, family policy, welfare, New Covenant, defense of marriage, same-sex marriage, personal responsibility

33.

Respecting Freedom and Cultivating Virtues in Justifying Constitutional Rights

Boston University Law Review, Vol. 91, p. 1311, 2011, Boston Univ. School of Law, Public Law Research Paper No. 11-48
Number of pages: 29 Posted: 07 Oct 2011
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law
Downloads 106 (345,059)

Abstract:

Loading...

Ronald Dworkin, Michael Sandel, justice, rights, marriage, virtue, moral reasoning, Aristotle, liberalism, civic republicanism, toleration, public reason, homosexuality

34.

Child, Family, State, and Gender Equality in Religious Stances and Human Rights Instruments: A Preliminary Comparison

WHAT IS RIGHT FOR CHILDREN? THE COMPETING PARADIGMS OF RELIGION AND HUMAN RIGHTS, pp. 19-44, Martha Albertson Fineman and Karen Worthington, eds., Ashgate, August 2009, Boston University School of Law Working Paper No. 10-31
Number of pages: 34 Posted: 28 Sep 2010
Linda C. McClain
Boston University - School of Law
Downloads 105 (347,200)

Abstract:

Loading...

Convention on the Rights of the Child, Human Rights, Children, Gender Equality, Conservatism, Religion, United Nations, Convention on the Elimination of All Forms of Discrimination Against Women, Catholicism, Marriage, Family

35.

Family Life, the Politics of the Family, and Social Transformation

The Good Society, Vol. 17, No. 1, p. 68, 2008, Boston Univ. School of Law Working Paper No. 08-28
Number of pages: 7 Posted: 06 Oct 2008
Linda C. McClain
Boston University - School of Law
Downloads 96 (368,089)

Abstract:

Loading...

36.

The Intersection of Civil and Religious Family Law in the U.S. Constitutional Order: A Mild Legal Pluralism

Religion, Secularism & Constitutional Democracy (Jean L Cohen and Cécile Laborde, Columbia University Press 2016), pp. 379-399., Boston Univ. School of Law, Public Law Research Paper No. 17-13
Number of pages: 26 Posted: 02 May 2017 Last Revised: 15 May 2017
Linda C. McClain
Boston University - School of Law
Downloads 93 (375,516)

Abstract:

Loading...

Family Law, Legal Pluralism, Religious Law, Marriage, Marriage Contracts, Neutral Principles, Anti-Sharia Laws, Accommodation, Sexual Assault, Sex Equality

37.

Unleashing or Harnessing Armies of Compassion?: Reflections on the Faith-Based Initiative

Loyola University Chicago Law Journal, Vol. 39, p. 361, 2008, Boston Univ. School of Law Working Paper No. 08-11
Number of pages: 67 Posted: 10 Mar 2008
Linda C. McClain
Boston University - School of Law
Downloads 92 (378,022)
Citation 1

Abstract:

Loading...

Faith-based initiative, public-private partnership, religion, welfare, subsidiarity, civil society, separation of powers, government contracts, de Tocqueville

38.

Intimate Affiliation and Democracy: Beyond Marriage?

Number of pages: 44 Posted: 08 Sep 2004
Linda C. McClain
Boston University - School of Law
Downloads 90 (383,120)

Abstract:

Loading...

marriage, equality, family, democracy, same-sex marriage, intimate affiliation

39.

Federal Family Policy and Family Values from Clinton to Obama, 1992-2012 and Beyond

Michigan State Law Review, Vol. 2013, p. 1621, 2014, Boston Univ. School of Law, Public Law Research Paper No. 14-20
Number of pages: 99 Posted: 10 May 2014
Linda C. McClain
Boston University - School of Law
Downloads 86 (393,993)

Abstract:

Loading...

progressive, welfare policy, welfare reform, Bill Clinton, Barack Obama, Michelle Obama, Family and Medical Leave Act, Defense of Marriage Act, family values, work/family conflict, responsible fatherhood, marriage promotion, Third Way, discrimination

40.

The 'Male Problematic' and the Problems of Family Law: A Response to Don Browning's 'Critical Familism'

Emory Law Journal, Vol. 56, pp. 1407-1430, 2007, Boston Univ. School of Law Working Paper No. 07-32
Number of pages: 25 Posted: 06 Dec 2007
Linda C. McClain
Boston University - School of Law
Downloads 81 (408,060)

Abstract:

Loading...

Marriage, marriage movement, familism, fatherhood, motherhood, masculinity

41.

Civic Education in Circumstances of Constitutional Rot and Strong Polarization

Boston University Law Review, Vol. 101, No. 1771, 2021
Number of pages: 24 Posted: 22 Oct 2021
Linda C. McClain and James Fleming
Boston University - School of Law and Boston University - School of Law
Downloads 79 (413,937)

Abstract:

Loading...

Civic Education, Constitutional Rot, Critical Race Theory, Trumpism, Polarization, Identity Politics, Patriotism, Constitutional Democracy, Social Movements, Insurrection, White Supremacy, Racism, Sexism

42.

Formative Projects, Formative Influences: Of Martha Albertson Fineman and Feminist, Liberal, and Vulnerable Subjects

Emory Law Journal, Vol. 67, No. 1175, 2018, Boston Univ. School of Law, Public Law Research Paper No. 2018-20
Number of pages: 32 Posted: 11 Sep 2018
Linda C. McClain
Boston University - School of Law
Downloads 79 (413,937)

Abstract:

Loading...

Martha Albertson Fineman, liberal theory, feminism, vulnerability, autonomy, dependency, family, marriage, motherhood, feminist legal theory, feminist jurisprudence, welfare, LGBT rights, public accommodations

43.

Prejudice, Moral Progress, and Being 'On the Right Side of History': Reflections on Loving v. Virginia at Fifty

86 Fordham Law Review 2701 (2018), Boston Univ. School of Law, Public Law Research Paper No. 18-22
Number of pages: 16 Posted: 17 Sep 2018
Linda C. McClain
Boston University - School of Law
Downloads 76 (423,176)

Abstract:

Loading...

Loving v. Virginia, antimiscegenation, interracial marriage, prejudice, same-sex marriage, moral progress, white supremacy, child welfare

44.

The Other Marriage Equality Problem

93 Boston University Law Review 921 (2013), Boston Univ. School of Law, Public Law Research Paper No. 13-52
Number of pages: 51 Posted: 06 Dec 2013
Linda C. McClain
Boston University - School of Law
Downloads 76 (423,176)

Abstract:

Loading...

marriage, marriage equality, cohabitation, single parents, inequality, feminism, class difference, welfare law, matriarchy, gender roles, fragile families

45.

Obergefell, Masterpiece Cakeshop, Fulton, and Public-Private Partnerships: Unleashing v. Harnessing 'Armies of Compassion' 2.0?

Family Court Review (Forthcoming) , Boston Univ. School of Law Research Paper No. 21-25
Number of pages: 38 Posted: 20 Sep 2021 Last Revised: 11 Nov 2021
Linda C. McClain
Boston University - School of Law
Downloads 70 (442,504)

Abstract:

Loading...

religious liberty, First Amendment, faith-based initiative, public-private partnerships, foster care, same-sex marriage, public accommodations law, bigotry, racism

46.

Is There a Way Forward in the 'War Over the Family'?

93 Texas Law Review 705(2015), Boston Univ. School of Law, Public Law Research Paper No. 15-15
Number of pages: 39 Posted: 25 Mar 2015
Linda C. McClain
Boston University - School of Law
Downloads 69 (445,841)

Abstract:

Loading...

marriage, same-sex, relationships, family, civil society, channeling, alternative dispute resolution, inequality, children, divorce

47.

Common and Uncommon Families and the American Constitutional Order

67 Vanderbilt Law Review En Banc 19 (2014), Boston Univ. School of Law, Public Law Research Paper No. 14-19
Number of pages: 20 Posted: 09 May 2014
Linda C. McClain
Boston University - School of Law
Downloads 68 (449,257)

Abstract:

Loading...

marriage, constitutional law, slavery, polygamy, frontier, Mormonism, household, family, family law, privacy, framers, constitutional interpretation

48.

Palmore v. Sidoti: The Troubling Effects of "Private Biases"

Painting Constitutional Law; Howard Wasserman and M.C. Mirow, eds., Brill, in Brill’s Legal History Library Series, 2020 Forthcoming
Number of pages: 27 Posted: 29 May 2020 Last Revised: 24 Oct 2020
Linda C. McClain
Boston University - School of Law
Downloads 65 (459,698)

Abstract:

Loading...

Custody, interracial marriage, interracial households, racial prejudice, private bias, divorce, Fourteenth Amendment, family law, Palmore v. Sidoti, racism

49.

'‘Male Chauvinism’ Is Under Attack from All Sides at Present': Roberts v. United States Jaycees, Sex Discrimination, and the First Amendment

Fordham Law Review Vol. 87 Pg. 2395 (2019), Boston Univ. School of Law, Public Law Research Paper No. 19-7
Number of pages: 33 Posted: 03 May 2019
Linda C. McClain
Boston University - School of Law
Downloads 63 (467,027)

Abstract:

Loading...

sex equality, gender discrimination, public accommodation, First Amendment, single-sex organizations, freedom of association, race discrimination, old boys network, sexual orientation discrimination

50.

Bigotry, Civility, and Reinvigorating Civic Education: Government's Formative Task Amidst Polarization

John Witte, Jr. et al., eds, The Role of Law in Character Formation, Moral Education, and the Communication of Values in Late Modern Pluralistic Societies (Leipzig: EVA Publishers, 2020, Forthcoming), Boston Univ. School of Law, Public Law Research Paper No. 20-9, March 2020
Number of pages: 27 Posted: 04 Mar 2020
Linda C. McClain
Boston University - School of Law
Downloads 56 (493,814)

Abstract:

Loading...

civic education, pluralism, religious literacy, public schools, civility, bigotry, LGBTQ rights, tolerance, U.S. Constitution, Sandra Day O’Connor, Donald J. Trump

51.

A "Woman's Best Right" - To a Husband or the Ballot?: Political and Household Governance in Anthony Trollope's Palliser Novels

Boston University Law Review, Vol. 100, No. 1861, 2020, Boston Univ. School of Law, Public Law Research Paper No. 20-35
Number of pages: 97 Posted: 02 Nov 2020
Linda C. McClain
Boston University - School of Law
Downloads 52 (510,339)

Abstract:

Loading...

Anthony Trollope, Frances Trollope, Palliser novels, Woman Question, Woman suffrage, 19th century feminism, Women’s rights, marriage, British novels, Household power, Political representation, Gender and literature

52.

Response to Commentaries on Who's the Bigot?

Boston University Law Review, Vol. 99, No. 2713, 2020, Boston Univ. School of Law, Public Law Research Paper No. 20-10, March 2020
Number of pages: 25 Posted: 04 Mar 2020
Linda C. McClain
Boston University - School of Law
Downloads 52 (510,339)

Abstract:

Loading...

bigotry, civility, LGBTQ rights, Donald J. Trump, Harper Lee, Masterpiece Cakeshop v. Colorado Civil Rights Commission, Obergefell v. Hodges, Justice Kennedy, racism, sexism, public accommodations law

53.

Reading Deboer and Obergefell through The ‘Moral Readings versus Originalisms’ Debate: From Constitutional ‘Empty Cupboards’ to Evolving Understandings

31 Constitutional Commentary 441 (2016), 11 Problema: Anuario de Filosofía y Teoria del Derecho 85-130 (Dec. 2017) , Boston Univ. School of Law, Public Law Research Paper No. 17-12
Number of pages: 44 Posted: 02 May 2017
Linda C. McClain
Boston University - School of Law
Downloads 52 (510,339)

Abstract:

Loading...

Constitutional Interpretation, Marriage, Fourteenth Amendment, Originalism, Moral Reading, Obergefell v. Hodges, Sex Equality, Gay Rights

54.

Against Agnosticism: Why the Liberal State Isn't Just One (Authority) Among the Many

Linda C. McClain, "Against Agnosticism: Why the Liberal State Isn't Just One (Authority) Among the Many," Boston University Law Review, Vol. 93, No. 1319, 2013, Boston Univ. School of Law, Public Law Research Paper No. 13-54
Number of pages: 44 Posted: 11 Dec 2013
Linda C. McClain
Boston University - School of Law
Downloads 48 (527,971)

Abstract:

Loading...

pluralism, obligation, agnosticism, liberalism, nomic communities, children, education, illiberal, child sex abuse, reporting laws, Catholic Church, Boy Scouts, authority, constitutional law

55.

Brief of Amici Curiae Legal Scholars in Support of Equality in Support of Respondents, Fulton v. City of Philadelpha

Number of pages: 44 Posted: 27 Oct 2020
University of Kansas - School of Law, University of Southern California Gould School of Law, University of Tennessee College of Law, Georgia State University - College of Law, Elisabeth Haub School of Law and Boston University - School of Law
Downloads 38 (576,750)

Abstract:

Loading...

religious exemptions, sexual orientation, antidscriminiation, public accommodations law, LGBT, first amendment, free exercise, free speech

56.

The ALI Principles of the Law of Family Dissolution: Addressing Inequality Through Functional Regulation

The ALI at 100: Essays on Its Centennial (Andrew S. Gold & Robert W. Gordon, eds., 2023 Forthcoming), Boston Univ. School of Law Research Paper
Number of pages: 26 Posted: 27 May 2022
Douglas NeJaime and Linda C. McClain
Yale University - Law School and Boston University - School of Law
Downloads 29 (629,076)

Abstract:

Loading...

Child custody; De facto parent; functional families; unmarried couples; cohabitation; ALI Principles of Family Dissolution; Alimony; Domestic partnership; gender equality; family inequality; parentage; LGBTQ equality; functional parenthood

57.

Experimental Meets Intersectional: Visionary Black Feminist Pragmatism and Practicing Constitutional Democracy

69 Drake L. Rev. 823 (2021), Boston Univ. School of Law Research Paper No. 22-12
Number of pages: 57 Posted: 26 May 2022
Linda C. McClain
Boston University - School of Law
Downloads 20 (693,196)

Abstract:

Loading...

Black Lives Matter, radical Black feminism, pragmatism, feminist jurisprudence, social movements, democracy, John Dewey, democratic experimentalism, futurity, politics of care, social intelligence, abolitionism

58.

What Becomes a Legendary Constitutional Campaign Most? Marking the Nineteenth Amendment at One Hundred

Boston University Law Review, Vol. 100, No. 1753, 2020, Boston Univ. School of Law, Public Law Research Paper No. 20-40
Number of pages: 18 Posted: 02 Nov 2020
Linda C. McClain
Boston University - School of Law
Downloads 20 (693,196)

Abstract:

Loading...

Nineteenth Amendment, Fifteenth Amendment, Voting rights, Woman suffrage, Public monuments, racism, Sojourner Truth, Susan B. Anthony, Elizabeth Cady Stanton, Women’s political leadership, Gender stereotypes

59.

The Family, the State, and American Political Development As a Big Tent: Asking Basic Questions About Basic Institutions

48(2) Polity 224-242 (April 2016), Boston Univ. School of Law, Public Law Research Paper No. 16-21
Posted: 13 Jun 2016
Linda C. McClain
Boston University - School of Law

Abstract:

Loading...

family law; marriage; feminist theory; right to marry; American political development; social institutions; Obergefell v. Hodges; family

60.

Symposium -- The Civil Rights Act of 1964 at 50: Past, Present, and Future

95 Boston University Law Review 683-1232 (2015), Boston Univ. School of Law, Public Law Research Paper No. 15-22
Posted: 10 Jun 2015
Linda C. McClain
Boston University - School of Law

Abstract:

Loading...

civil rights movement, Civil Rights Act of 1964, legislation, Congress, antidiscrimination, employment, fair housing, public accommodations, pregnancy, racism, sexual harassment, education, disability, sexual orientation

61.

Ordered Liberty: Rights, Responsibilities, and Virtues

James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues, Harvard University Press, 2013, Boston Univ. School of Law, Public Law Research Paper No. 13-19
Posted: 26 May 2013
James E. Fleming and Linda C. McClain
Boston University - School of Law and Boston University - School of Law

Abstract:

Loading...

constitutional theory, liberalism, political liberalism, rights, virtues, civic virtues, equality, liberty, marriage, education, family, andiscrimination law, reproductive freedom, civil society

62.

The Evolution - or End - of Marriage?: Reflections on the Impasse Over Same-Sex Marriage

Hofstra Univ. Legal Studies Research Paper No. 06-28, Family Court Review, Vol. 44, p. 200, 2006
Posted: 19 Sep 2006
Linda C. McClain
Boston University - School of Law

Abstract:

Loading...

marriage, same-sex marriage, gay and lesbian parents, best interests of the child

63.

Contemporary Family Law

Contemporary Family Law, West Academic Publishing (4th ed. 2015), University of Missouri School of Law Legal Studies Research Paper
Posted: 24 Aug 2006 Last Revised: 10 Jul 2018
University of Missouri School of Law, University of Virginia School of Law, George Washington University - Law School, Tulane University - Law School and Boston University - School of Law

Abstract:

Loading...

family law

64.

What Place for Marriage (E)Quality in Marriage Promotion?

MARRIAGE PROPOSALS: QUESTIONING A LEGAL STATUS, Anita Bernstein, ed., New York University Press, 2006, Hofstra Univ. Legal Studies Research Paper No. 06-13
Posted: 22 May 2006
Linda C. McClain
Boston University - School of Law

Abstract:

Loading...

marriage, welfare, sex equality, social health, marriage movement, governmental regulation, family policy

65.

Deterring Irresponsible Reproduction Through Welfare Reform

FEMINISM CONFRONTS HOMO ECONOMICUS: GENDER, LAW, AND SOCIETY, Martha Alberton Fineman and Terence Dougherty, eds., Cornell University Press, 2005, Hofstra Univ. Legal Studies Research Paper No. 05-26
Posted: 01 Dec 2005
Linda C. McClain
Boston University - School of Law

Abstract:

Loading...

welfare, reproduction, mothers, fatherhood, personal responsibility

66.

Some Questions for Civil Society-Revivalists

Chicago-Kent Law Review, Vol. 75, 2000
Posted: 11 Jul 2000
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law

Abstract:

Loading...

67.

Symposium on Legal and Constitutional Implications of the Calls to Revive Civil Society

Chicago-Kent Law Review, Vol. 75, 2000
Posted: 10 Jul 2000
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law

Abstract:

Loading...