Waxing State, Waning Family: The Radical Agenda of the American Law Institute

The one great principle of the English law, is to make business for itself.—Charles Dickens, Bleak House In the modern state, law—like nature—displays a marked distaste for a vacuum. Spurred by elites distrustful of independent social institutions and a cultural embrace of atomistic individualism, the United States in past decades has experienced a dramatic incursion […]

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The Supreme Court of the United States Versus The American Family

Large-scale wars often take place on several fronts. In its undeclared war against the American family, the Supreme Court of the United States has initiated conflict in several areas of constitutional law. The Court launched its first attacks more than fifty years ago, with the most important developments occurring from roughly 1957 to 1977. Today, […]

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Committees Gone Wild:

How U.N. Bureaucrats Are Turning ‘Human Rights’ Against the Family Ever since President Woodrow Wilson lobbied for his League of Nations at the end of World War One, Americans have resisted international political causes or organizations. In recent years, that resistance has been directed against the United Nations and its international human rights conventions that […]

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The Family in America:

Retrospective and Prospective Exactly thirty years ago, I wrote and saw published my first substantive essay on the family crisis in modern America.[1] I had recently completed my doctoral dissertation, which had investigated the origins of family policy in Sweden during the 1920s and 1930s.[2] A National Endowment for the Humanities Fellowship, provided through the American Enterprise Institute, […]

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The Deconstruction of Marriage, Part 1:

The Law and Economics of Unilateral No-Fault Divorce A key argument being advanced to support the rewriting of U.S. marriage laws is that granting legal status, on par with marriage, to same-sex couples will have no effect on marriage as an institution, nor upon Americans who choose, or have already chosen, the natural pattern of […]

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The Message in the Meltdown:

How the Downturn Reveals Forgotten Family Assets Bombarded by headlines during the past fifteen months announcing the failure of this or that bank, investment firm, or manufacturer, Americans may have missed reports of one downturn that comes as good news. For the first time in a long time, divorce lawyers are apparently experiencing a significant decline […]

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Counting the Cost of Divorce:

What Those Who Know Better Rarely Acknowledge As an undergraduate student at Brigham Young University, I was encouraged by a professor to research the economic costs of divorce to the State of Utah specifically and to society at large. Unknown at the time, this small project would take on a life of its own. Six years […]

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