Law Faculty Scholarship
Permanent URI for this collectionhttps://hdl.handle.net/10601/18
The dynamic faculty of Texas Tech University School of Law continually writes books, articles, and other scholarly materials on a wide range of law-related issues. This collection showcases the scholarly publications written by Tech Law faculty members.
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Browsing Law Faculty Scholarship by Author "Ahrens, Gary A."
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Item Bargaining and the Family(Oklahoma City University Law Review, 1980) Ahrens, Gary A.In this 1980 article, Professor Ahrens begins with the proposition that family law is complex and fragmented. As an explanation for this proposition, Ahrens posits that family law reflects the social reality of the family, and that the family in American society is in a state of metamorphosis. The article analyzes why the structure of the family in American society is changing. Ahrens identifies the productive classic household as the form that society is abandoning, and the self-interest ethics of modern liberalism that society is accepting as the new form of the household. Ahrens contends that because of the conflict between classic household ethics and the ethics of liberalism, American society currently presents two contradictory family forms. Ahrens speculates that the transition process will never be complete because the new household does not and cannot perform all of the functions of the traditional household. The article concludes by offering the reader reason to believe that the traditional household will resurface in American society.Item Fundamental Election Rights: Association, Voting, and Candidacy(Valparaiso University Law Review, 1980) Ahrens, Gary A.This article analyzes election rights in a republican form of government. At the time of the article, the right to vote, the right of free speech, and the right to petition government had all been recognized as fundamental rights; however, the Court had not yet clearly classified the right to be a candidate as fundamental. If a right is classified as a fundamental right, the courts employ a “strict scrutiny” standard of review to any state statute that infringes upon that right. The article points out that while the right to vote, the right of free speech, the right to petition government, and the right to associate for political purposes have all been identified as components of election rights, the courts have not identified the right that is the “prime principle” of election rights in a republican form of government. The article asserts that because the right of association is the value upon which all of the other rights depend, the right of association is the correct choice as the prime principle of election rights. The article urges the Court to recognize the Constitutional principle that a government cannot exist as a democratic republic unless it protects the individual’s right to freely associate and disassociate in electoral politics is a Constitutional principle; therefore, because the right to be a candidate is intertwined with the right to vote, the right of free speech, and the right to petition government, the article argues that the right to be a candidate should be included as a fundamental right.