AuthorTitleCitationSummaryYearKey Term in Title or Summary
Brynna Collins NATIVE NATIONS' AUTONOMY IN THE MODERN ERA 29 Public Interest Law Reporter 250 (Spring, 2024) Over the course of the development of the United States, there were a total of 368 treaties signed between the United States and Native Nations. These treaties included agreements between the United States and the Native tribes to trade land in exchange for autonomy, recognition of sovereignty, and assistance of services. Most of these treaties... 2024  
Ndjuoh MehChu NEITHER COPS NOR CASEWORKERS: TRANSFORMING FAMILY POLICING THROUGH PARTICIPATORY BUDGETING 104 Boston University Law Review 73 (February, 2024) A caseworker makes a home visit to a poor Black family under the guise of protecting the children in the household from suspected neglect. The caseworker investigates. They search the premises without a warrant, as the Fourth Amendment's restraints do not apply to them, even though they are state actors who replicate police power. The family's four... 2024  
Family Law Quarterly 2023-24 Editors, New York Law School NEW FAMILY LAW STATUTES IN 2023: SELECTED STATE LEGISLATION 57 Family Law Quarterly 350 (2023-2024) By Alexa Gonzalez and Nora Kelly This article provides summaries and context for 31 changes to family law that were enacted in 2023 by legislatures in 26 states and the District of Columbia. The topics include (1) Child Custody and Visitation, (2) Nonparent Custody and Visitation, (3) Children's Representation, (4) Child Welfare, (5) Child Support,... 2024 Yes
Troy A. Rule PRESERVING SACRED SITES AND PROPERTY LAW 2024 Wisconsin Law Review 129 (2024) Should courts have the power to order the federal government to give land rights to particular groups based solely on their religious beliefs? Calls for legal rules requiring such effectual transfers have grown in recent years as Americans have started to confront the country's history of mistreatment of Native nations and other disadvantaged... 2024  
Katie Grace Graziano PROPER PARENTS, PROPER RELIEF 99 Notre Dame Law Review 1821 (July, 2024) Indian children belong with Indian parents--or so says the Indian Child Welfare Act (ICWA). ICWA requires certain procedures for carrying out the adoption of an Indian child. Among those procedures is an explicit preference for Indian families over non-Indian families. The hierarchy is so strict that a court must prioritize placing a child with an... 2024 Yes
Neoshia R. Roemer PROTECTING THOSE AMONG THE MOST VULNERABLE 71-SPG Federal Lawyer 12 (Spring, 2024) On June 15, 2023, the U.S. Supreme Court affirmed the constitutionality of the Indian Child Welfare Act (ICWA) in a 7-2 decision in Haaland v. Brackeen. Without a doubt, Brackeen was a win for Indian Country because the Supreme Court's rebuke of these challenges demonstrated that ICWA's opponents have an uphill battle in undermining federal Indian... 2024 Yes
Thalia González , Paige Joki REPRODUCING INEQUALITY: RACIAL CAPITALISM AND THE COST OF PUBLIC EDUCATION 65 Boston College Law Review 317 (February, 2024) Introduction. 319 I. Education and Racial Capitalism. 334 II. Fines and Fees as a Modality of Racial Capitalism. 346 A. Methods. 347 B. Dispossession and Inequitable Access to Educational Opportunities. 349 C. Resource Extraction and Debt Creation. 352 D. Punishment. 355 III. Protecting Black Students and Families. 359 A. Every Student Succeeds... 2024  
Lauren van Schilfgaarde RESTORATIVE JUSTICE AS REGENERATIVE TRIBAL JURISDICTION 112 California Law Review 103 (February, 2024) For more than a century, the United States has sought to restrict Tribal governments' powers over criminal law. These interventions have ranged from the imposition of federal jurisdiction over Indian country crimes to actively dismantling Tribal justice systems. Two particular moves--diminishing Tribal jurisdiction and imposing adversarial... 2024  
Nic Rossio , Judge Tim Connors , Margaret Kruse Connors , Justice Cheryl Demmert Fairbanks , Dr. William Hall , Brett Lee Shelton RESTRUCTURING AMERICAN LAW SCHOOLS: PEACEMAKING IN FIRST YEAR CURRICULUM 69 Wayne Law Review 635 (Spring, 2024) I. Historical Context--What is Peacemaking?. 637 II. Peacemaking and Law School Curriculum. 644 A. Introduction. 644 B. The Current Approach: Law School's Reliance on Formalism.. 647 C. Rethinking Law Students' Assumed Tendency Toward Formalism. 652 D. The Potential of Peacemaking. 658 E. Conclusion. 667 III. Peacemaking at the Federal Level. 668... 2024  
M. Henry Ishitani , Alexandra Fay REVISING THE INDIAN PLENARY POWER DOCTRINE 29 Michigan Journal of Race and Law 1 (Spring, 2024) The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagarna v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal sovereignty. The doctrine's legal basis remains a constitutional conundrum. This... 2024  
Patrick E. Reidy, C.S.C. SACRED EASEMENTS 110 Virginia Law Review 833 (June, 2024) In the last forty years, Native American faith communities have struggled to protect their sacred sites using religious liberty law. When confronting threats to sacred lands, Native Americans stridently assert constitutional and statutory free exercise protections against public authorities. But unlike litigation involving non-Indian religious... 2024  
Bethany Berger SEPARATE, SOVEREIGN, AND SUBJUGATED: NATIVE CITIZENSHIP AND THE 1790 TRADE AND INTERCOURSE ACT 65 William and Mary Law Review 1117 (April, 2024) In 1790, the same year Congress limited naturalization to free white persons, it also enacted the first Indian Trade and Intercourse Act. The Trade and Intercourse Act may have even stronger claims to super statute status than the Naturalization Act. Key provisions of the Trade and Intercourse Act remain in effect today, and the Act enshrined a... 2024  
Breanna K. Bollig STEPHEN C. v. BUREAU OF INDIAN EDUCATION: REINVIGORATING THE FEDERAL RIGHT TO EDUCATION FOR INDIAN CHILDREN 71-SPG Federal Lawyer 62 (Spring, 2024) Today, there are 183 federally funded Bureau of Indian Education (BIE) schools that primarily serve Indian children who live on or near reservations. Despite Indian children having a federal right to education, however, BIE schools are in far worse conditions than state public schools. In addition to BIE school inadequacies, historical trauma... 2024  
Gabrielle Kolb, J.D. STUDENTS FOR FAIR ADMISSIONS, INC. v. UNIVERSITY OF NORTH CAROLINA AND HAALAND v. BRACKEEN: LESSONS ON THE FUTURE OF AFFIRMATIVE ACTION FOR NATIVE AMERICAN COLLEGE APPLICANTS 20 University of Saint Thomas Law Journal 511 (Spring, 2024) In the summer of 2023, the United States Supreme Court decided two cases that may change the legal landscape for Native Americans hoping to benefit from affirmative action programs or tuition waiver programs in higher education. In the first case, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court... 2024  
Bailey Ruhm THE BEST INTERESTS OF THE CHILD BEYOND HAALAND v. BRACKEEN 48 Law & Psychology Review 215 (2023-2024) C1-2Table of Contents I. Introduction. 216 II. Background of ICWA. 217 III. Facts of Haaland v. Brackeen. 218 IV. Procedural Process. 220 A. Majority Opinion. 221 B. Dissenting Opinion and Concern Around Child Well-Being. 222 V. Other ICWA Cases Implicating the Best Interests of the Child. 223 VI. Interplay between ICWA and a Child's Well-Being.... 2024  
M. Alexander Pearl THE CONSEQUENCES OF MYTHOLOGY: SUPREME COURT DECISIONMAKING IN INDIAN COUNTRY 71 UCLA Law Review 6 (January, 2024) Ilanoli isht unowa. We tell our own stories. A single historical event has many stories. Although this nation's official chronicle expected and even hoped for Indigenous peoples to fade away, we are still here. Our histories are marked by resistance, survival, sovereignty, and renaissance. Only now, in the later stages of the American experiment,... 2024  
Robert J. Pushaw, Jr. THE COURT CONTINUES TO CONFUSE STANDING: THE PITFALLS OF FAUX ARTICLE III "ORIGINALISM" 31 George Mason Law Review 893 (Spring, 2024) Although the Supreme Court has radically reduced the number of its published decisions, it continues to devote disproportionate attention to Article III standing --the doctrine that determines who can sue in federal court. For example, five of the Court's fifty-eight cases in its 2022-23 Term involved standing. Such detailed consideration, however,... 2024  
Rachel Yost THE INDIAN CHILD WELFARE ACT, POLITICAL CLASSIFICATION OF "INDIANS," AND PRESERVATION OF TRIBAL SOVEREIGNTY: CHILDREN, THE MOST PRECIOUS RESOURCE 48 American Indian Law Review 43 (2023-2024) Throughout the United States' history, Congress has consistently regulated Indian affairs as a matter of tribal political sovereignty, not as a matter of race. The Constitution itself enforces the use of political classification for Indians through Congress' power to regulate Commerce, and make Treaties with Indian tribes. Furthermore, the... 2024 Yes
Ayodeji Kamau Perrin THE LAST COLONY OF THE MIND: NARRATIVE, LEGAL ADVOCACY, AND THE DECOLONIZATION OF LEGAL KNOWLEDGE 38 Temple International and Comparative Law Journal 37 (Spring, 2024) Philippe Sands' The Last Colony tells the story of how Chagos Islanders won the right to return to the lands of their birth through a 2019 Advisory Opinion of the International Court of Justice (ICJ). In 1965, while the United Kingdom stood in the midst of conceding to the independence claims of myriad anti-colonialists throughout its imperial... 2024  
Julnasha Morehead THE NEED FOR ANTIRACIST EDUCATION AMID TRENDS TOWARD TOTALITARIANISM AND A CONSTITUTIONAL CRISIS 18 DePaul Journal for Social Justice 1 (Autumn, 2024) Narratives from the past play a vital role in shaping our present and future. Attacks on diversity in education, the workplace, and general society highlight the intent of legislators to silence diverse historical realities and supplant tired tropes that serve to divide and concentrate power. Anti-diversity legislation with titles such as Stop... 2024  
James G. Dwyer THE REAL WRONGS OF ICWA 69 Villanova Law Review 1 (2024) Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children's-rights based... 2024 Yes
Katie Louras THE RUNAWAY TRAIN OF MANDATED REPORTING 61 San Diego Law Review 137 (February-March, 2024) C1-2Table of Contents Abstract. 138 I. Introduction. 139 II. The State of Child Welfare: Where We Are and How We Got Here. 143 A. The Rapid Rise of Mandatory Reporting Laws. 144 B. What Happens After a Hotline Call?: From Report to Screening, Investigation to Substantiation. 150 C. A Harmful and Inefficient System. 156 D. State Attempts at Reform.... 2024 Yes
S. Lisa Washington TIME AND PUNISHMENT 134 Yale Law Journal 536 (November, 2024) Every three minutes, state agents remove a child from their home. Once a family is separated, impacted parents are up against a quickly approaching deadline--permanent legal separation looms at the end. In fact, impacted parents navigate three interrelated temporal dimensions: the race to permanent legal separation through the termination of... 2024  
Bryce Drapeaux TOWARDS A MORE MEANINGFUL FUTURE: AN INDIAN CHILD WELFARE LAW FOR SOUTH DAKOTA 69 South Dakota Law Review 119 (2024) Historically, the relationships between American Indian tribes and the states have been predominately antagonistic. In 1978, Congress attempted to remediate some of the effects of this antagonism by passing the Indian Child Welfare Act (ICWA) to specifically combat the state-sponsored destruction of Indian families and the wholesale removal of... 2024 Yes
Adam Crepelle TRIBAL LAW: IT'S NOT THAT SCARY 72 Buffalo Law Review 547 (April, 2024) Tribal law is often presented in a negative light. Indeed, the Supreme Court's skepticism about tribal law has resulted in severe limitations on tribal jurisdiction. This Article challenges perceptions of tribal law by surveying tribal law. While tribal law does rely on tribal customs, tribal law is largely consistent with mainstream American law.... 2024  
Elizabeth Hidalgo Reese TRIBAL REPRESENTATION AND ASSIMILATIVE COLONIALISM 76 Stanford Law Review 771 (April, 2024) Abstract. There are 574 federally recognized domestic dependent tribal nations in the United States. Each tribe is separate from its respective surrounding state(s) and governs itself. And yet, none of them have the power to send representatives to Congress. Our democratic representative structures function as if tribal governments and the... 2024  
Alexandra Fay TRIBES AND TRILATERAL FEDERALISM: A STUDY OF CRIMINAL JURISDICTION 56 Arizona State Law Journal 53 (Spring, 2024) This Article uses criminal jurisdiction to describe tribal political status in our national constitutional order. In 2022, Congress and the Supreme Court altered the already byzantine scheme of criminal jurisdiction on tribal land through the Reauthorization of the Violence Against Women Act (VAWA) and Oklahoma v. Castro-Huerta, respectively. By... 2024  
Emily J. Stolzenberg TRIBES, STATES, AND SOVEREIGNS' INTEREST IN CHILDREN 102 North Carolina Law Review 1093 (May, 2024) Haaland v. Brackeen, last year's unsuccessful Supreme Court challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute's forty-five-year history: that ICWA harms Indian children by subordinating their interests to their tribes' interests, unlike State family law, which pursues the best interests of... 2024 Yes
Michael Moffitt TRUTH. REGARDLESS OF RECONCILIATION? 24 Nevada Law Journal 1071 (Spring, 2024) Formal responses to historical injustices have typically taken one of two fundamental forms in the past hundred years. The first form is familiar to legal systems--a retributive process in which an adjudicative body measures the conduct of alleged wrongdoers against some set of established standards (think Nuremberg Trials). The second form is... 2024  
Lawrence J. Altman US SUPREME COURT'S JUNE 2023 RULING CONCLUDES INDIAN CHILD WELFARE ACT OF 1978 IS CONSTITUTIONAL 80 Journal of the Missouri Bar 242 (November-December, 20) Editor's Note: The Journal of The Missouri Bar follows Associated Press Style, which recommends the term Native American. In June 2023, the U.S. Supreme Court issued a ruling in Haaland, Secretary of the Interior v. Brackeen that discussed Native Americans' rights under the Indian Child Welfare Act of 1978 (ICWA). This federal law determines the... 2024 Yes
Joshua Perry WHAT HAPPENED TO TRACEABILITY? 137 Harvard Law Review Forum 317 (May, 2024) In a Comment here last November, Professors William Baude and Samuel Bray reimagined a twenty-five-year-old trend of state-initiated public law litigation as the consequence of liberal overreach. Justice Stevens's 2007 decision in Massachusetts v. EPA, they argued, invented a standing loophole by extending an ill-defined special solicitude to... 2024  
Kristen A. Carpenter "ASPIRATIONS": THE UNITED STATES AND INDIGENOUS PEOPLES' HUMAN RIGHTS 36 Harvard Human Rights Journal 41 (Spring, 2023) The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations... 2023  
Lori McPherson , Sarah Blazucki "STATISTICS ARE HUMAN BEINGS WITH THE TEARS WIPED AWAY": UTILIZING DATA TO DEVELOP STRATEGIES TO REDUCE THE NUMBER OF NATIVE AMERICANS WHO GO MISSING 47 Seattle University Law Review 119 (Fall, 2023) C1-2Contents Introduction. 120 I. Data Sources/Legal Mandates for Submission. 125 A. Biographic Data. 126 B. Biometric Data. 132 II. Baseline: What We Know About Missing Indigenous Persons. 134 III. Legal Considerations in Missing Person Cases in ISndian Country. 143 A. Federalism and Limits of Federal Power. 143 B. Right to Privacy & the Right to... 2023  
Julia Gaffney "THE GOLD STANDARD OF CHILD WELFARE" UNDER ATTACK: THE INDIAN CHILD WELFARE ACT AND HAALAND v. BRACKEEN 56 Family Law Quarterly 231 (2022-2023) Our country was built on the systemic erasure of Indigenous persons, their communities, and their culture. While one might consider this erasure a thing of the past--a phenomenon belonging more to colonization or the country's period of Western expansion--many of the legal, social, and political structures in the United States still operate in ways... 2023 Yes
Lucia Kello "THE PAST GOT BROKEN OFF": CLASSIFYING "INDIAN" IN THE INDIAN CHILD WELFARE ACT 36 Journal of Civil Rights & Economic Development 361 (Winter, 2023) In her 1993 novel, Pigs in Heaven, Barbara Kingsolver chronicles the story of an American Indian child, Turtle, and her young, white, adoptive mother, Taylor Greer. In what has been criticized as a controversial imagined fact pattern, Kingsolver writes that while stopped in a parking lot in the middle of the night, Taylor is approached by an... 2023 Yes
Rachel Kennedy A CHILD'S CONSTITUTIONAL RIGHT TO FAMILY INTEGRITY AND COUNSEL IN DEPENDENCY PROCEEDINGS 72 Emory Law Journal 911 (2023) Since the child welfare system's inception, abuse and neglect laws have conflated poverty-related neglect with active parental violence and willful neglect. The ensuing state surveillance has disproportionately harmed poor children and children of color. Pursuant to the state's expansive parens patriae authority, countless families are... 2023  
K.R. Redhage A GENOCIDE THE WORLD HAS IGNORED: HOLDING GOVERNMENTS AND THE CATHOLIC CHURCH ACCOUNTABLE FOR RESIDENTIAL AND BOARDING SCHOOLS THROUGH THE ICC 48 Brooklyn Journal of International Law 801 (2023) CONTENT WARNING: The following article discusses violence against children and the atrocities of the Indigenous Residential School System in the United States and Canada. On May 27, 2021, Tk'emlúps te Secwépemc (Kamloops Indian Band) Chief Rosanne Casmir confirmed the remains of 215 Indigenous children, some as young as three years old, were... 2023 Yes
Margaret Kelly A MOTHER'S DOMICILE IN THE INDIAN CHILD WELFARE ACT: IN RE ADOPTION OF B.B. 101 Oregon Law Review 453 (2023) Introduction. 453 I. History and Purpose of the Indian Child Welfare Act. 455 A. The Statute. 459 B. Domicile. 461 C. Statutory Interpretation. 461 II. Background of In re Adoption of B.B. 462 III. Case Analysis. 464 A. Plain Interpretation. 464 B. Congressional Intent. 466 C. Canons of Construction. 470 D. Effect on Public Policy. 470 E. United... 2023 Yes
Rebecca Tsosie ACCOUNTABILITY FOR THE HARMS OF INDIGENOUS BOARDING SCHOOLS: THE CHALLENGE OF "HEALING THE PERSISTING WOUNDS" OF "HISTORIC INJUSTICE" 52 Southwestern Law Review 20 (2023) As the settler colonial nations that emerged from British colonization, the United States, Canada, and Australia share a dark history of forcible acculturation of Indigenous peoples. The histories of Canada and the United States, in particular, are closely linked. The two countries share an international border that separated several Indigenous... 2023  
Kathryn E. Fort AFTER BRACKEEN: FUNDING TRIBAL SYSTEMS 56 Family Law Quarterly 191 (2022-2023) The purpose of the Indian Child Welfare Act was to allow tribes to make decisions for their own families, rather than state courts and agencies. Again and again, tribal leaders stated that they knew what to do for their tribes. Lost in our current fights over ICWA in the Supreme Court is the history of tribal leaders trying to secure funding for... 2023  
Affie B. Ellis AN "ENDURING PLACE" 46-OCT Wyoming Lawyer 20 (October, 2023) On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of tribal sovereignty and the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen. Congress enacted ICWA in 1978 to stop the forced assimilation of Native American children by putting in place several important safeguards that apply to adoption and foster... 2023  
Martha Minow BEGIN WITH ADMITTING INHUMANITY 52 Southwestern Law Review 1 (2023) Humanity begins with admitting inhumanity. --Abhijit Naskar What does it take to survive and move forward after your community has lost one out of every six people? Terrible questions like this confront communities that have suffered massive natural disasters and wars. When the killings, torture, and rapes are at the hands of the national... 2023  
Meera E. Deo, JD, PhD BETTER THAN BIPOC 41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... 2023  
David Smolin BEYOND APOLOGIES: CHILDREN, MOTHERS, RELIGIOUS LIBERTY, AND THE MISSION OF THE CATHOLIC CHURCH 53 Cumberland Law Review 101 (2022-2023) Fulton v. City of Philadelphia was a rare unanimous United States Supreme Court victory for religious liberty within the contentious space of religious liberty in conflict with LGBTQ+ rights and equality. The case also provided a unanimous stamp of approval from the Supreme Court for the work of Catholic Social Services (CSS) with vulnerable... 2023  
Mitchell Forbes BEYOND INDIAN COUNTRY: THE SOVEREIGN POWERS OF ALASKA TRIBES WITHOUT RESERVATIONS 40 Alaska Law Review 171 (June, 2023) The Alaska Native Claims Settlement Act of 1971 (ANCSA) devised a land entitlement system markedly different from the Indian reservation system that prevailed in the Lower 48 states. It directed the creation of twelve, for-profit Alaska Native regional corporations and over 200 private, for-profit Alaska Native village corporations, which would... 2023  
Marcia Zug BRACKEEN AND THE "DOMESTIC SUPPLY OF INFANTS" 56 Family Law Quarterly 175 (2022-2023) In November 2022, the Supreme Court heard oral arguments in Brackeen v. Haaland. The case concerns the constitutionality of the Indian Child Welfare Act (ICWA), a statute enacted in 1978 to help keep Indian children connected to their families and culture. Most Indian child and family advocates consider ICWA a success. The Act is routinely referred... 2023  
Anna Belle Newport CIVIL MIRANDA WARNINGS: THE FIGHT FOR PARENTS TO KNOW THEIR RIGHTS DURING A CHILD PROTECTIVE SERVICES INVESTIGATION 54 Columbia Human Rights Law Review 854 (Spring, 2023) C1-2Table of Contents Introduction. 856 Part I: The Family Regulation System as it is Today. 862 A. Constitutional Protections & Limitations in the Family Regulation System. 862 B. Disproportionate Impact on Low-Income Communities of Color. 865 C. The Limitations of Miranda v. Arizona in the Family Court Context. 870 Part II: The Meaninglessness of... 2023  
Torey Dolan CONGRESS' POWER TO AFFIRM INDIAN CITIZENSHIP THROUGH LEGISLATION PROTECTING NATIVE AMERICAN VOTING RIGHTS 59 Idaho Law Review 47 (2023) American Indians' path to citizenship and the franchise has not been straightforward nor simple. The legacy of this complicated path bears out today in the myriad of ways that Native Americans lack equitable access to voting in state and federal elections and otherwise face barriers to participating in the body politic that non-Indians do not.... 2023  
Monica Shaffer CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS 49 Mitchell Hamline Law Review 403 (April, 2023) I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... 2023 Yes
Ali Murat Gali CRAWLING OUT OF FEAR AND THE RUINS OF AN EMPIRE: QUEER, BLACK, AND NATIVE INTIMACIES, LAWS OF CREATION AND FUTURES OF CARE 34 Yale Journal of Law & Feminism 176 (2023) L1-2Table of Contents Introduction. 177 Part I. Relational Possibilities Under the Siege of Equality: Privatized Romances of Sensuality and the Family. 184 A. Lawrence v. Texas and Domesticated Sensualities. 187 B. Obergefell v. Hodges and Fantasizing Privatized Marriage. 193 Part II. Privatized Subjects in Lifeless Streets: Ethical Ramifications... 2023  
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