Authoruclalaw

Autonomy in the Family

This Article accomplishes two key goals. First, it offers a novel lens through which to reconsider how best to promote meaningful choice in family form. Second, this Article draws on nonmarital parentage law, as well as the almost entirely overlooked body of what I call “interstitial marriage cases,” to demonstrate that courts are capable of applying more capacious rules that give effect to...

The Venue Shuffle: Forum Selection Clauses and ERISA

Forum selection clauses are ubiquitous. Historically, the judiciary was hostile to contracts limiting a plaintiff’s venue options. The tide has since turned. Today, lower courts routinely enforce such clauses. This Article challenges this reflexive response in the special context of ERISA cases.