Sean Hannon Williams, Divorce All the Way Down: Local Voice and Family Law’s Democratic Deficit, 98 B.U. L. Rev. 579 (2018)

Kaiponanea Matsumura

For decades, scholars have heaped scorn on family law’s open-ended legal standards like “equitable” distribution or the “best interests” of the child.1 The prevailing view is that such standards are indeterminate because they call on judges to weigh competing values in the absence of social consensus or to make impossible predictions.2 They therefore invite—in fact, require—judges to make […]