Thursday, October 6, 2005

Paternity: Bargaining or Biology?

In Bargaining or Biology? The History and Future of Paternity Law and Parental Status, Katharine K. Baker describes the historical and contemporary explication of the paternity suit and identifies the disconnect between law and biological paternity by examining those cases in which the law rejects biology as a basis for paternity. She suggests that reliance on contract theory can reconcile much of the case law, constitutional doctrine, and contemporary mores. Katharine K. Baker, Bargaining or Biology? The History and Future of Paternity Law and Parental Status, 14 Cornell J.L. & Pub. Pol'y 1 (2004). Link to Article (last visited 10-05-05 NVS)

http://lawprofessors.typepad.com/family_law/2005/10/paternity_barga.html

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