Lynn dennis wardle



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LYNN DENNIS WARDLE

Resume

8 February 2017
CONTACTS

Office: 518 JRCB, Brigham Young University, Provo, Utah 84602.

Tel: 801/422-2617 Fax: 801/422-0391 Email: lynn_wardle@byu.edu or wardlel@law.byu.edu .
PERSONAL/FAMILY

Born November 15, 1947. Married to Marian Eastwood Wardle; two sons; two daughters-in-law; eight grandchildren.


EDUCATION

*Law School:

1971-74, Duke Law School, Durham, North Carolina, J. D. (With Distinction).


*University/College:

1969-71, Brigham Young University, Provo, Utah. B.A.(Cum Laude); dual-majors: International Relations and Political Science.

1965-66, and 1969 (summer), San Bernardino Valley College, San Bernardino, California.
*Student Academic Honors and Activities

Duke Law School:

Duke Law Journal, 1972-74 (Director, Law Journal Write-on Program, 73-74)

Moot Court Board, 1972-74.

Scholarship recipient, 1971-74.
Brigham Young University:

Honors Program, 1970.

Deans List, 1971.
PROFESSIONAL EMPLOYMENT

*Permanent Legal Positions:

2006-Present Bruce C. Hafen Professor of Law, Brigham Young University, Provo, UT

1983-2006 Professor of Law, J. Reuben Clark Law School, Brigham Young University, Provo, Utah.

1980-1983 Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, Provo, Utah.

1978-1980 Assistant Professor of Law, J. Reuben Clark Law School, Brigham Young University, Provo, UT.

1975-1978 Associate, Streich, Lang, Weeks, and Cardon, Phoenix, Arizona.

1974-1975 Law Clerk, Judge John J. Sirica, U.S. District Court for the District of Columbia, Washington, D. C.

*Regular and Visiting Appointments, Fellowships:

1990-91 Visiting Professor, Howard University School of Law, Washington, D. C. (full-time, two semesters)




1989-90 Scholar-in-Residence, United States Department of Justice, Civil Division (Federal Programs Branch), Washington, D. C.

1988 (summer semester) Visiting Professor, Faculty of Law, Sophia University, Tokyo, Japan (taught full-time two classes during one semester)

1985 (summer term) Visiting Research Fellow, Faculty of Law, University of Aberdeen, Scotland, U.K. (co-taught a class)
*Short-term Academic Appointments and Fellowships:

2012 (May 2-11) Visiting Lecturer, Pan-European University Faculty of Law, Bratislava, Slovakia (short course on “Biomedical Ethics and International Health Law” for Master’s Degree students)

2004 (August 9-11) Visiting Lecturer, Nanjing Agricultural University, Faculty of Law (seminar for law professors and graduate students)

2004 (July 12-17) Visiting Lecturer, China University of Political Science and Law (Beijing) (seminar for law professors)

2004 (February 22) Invited Lecturer on Family Law in the United States, graduate seminar, University of Palermo, Sicily, Italy, February 21, 2004

2000 (June-July) Visiting Professor, T.C. Beirne Law School, University of Queensland, Brisbane, QLD, Australia (two-week course)

1995 (summer) Participant CSU Cleveland Clinic Medical Institute, Cleveland, OH

1994 (summer) University of Wyoming College of Law, C.L.E.O. Institute, Laramie, Wyoming.

1987 (summer) N.E.H. Summer Seminar for Law Teachers re: The Genius of the Constitution, Colorado College, Colorado.

1983 (summer) University of Arizona College of Law, C.L.E.O. Institute, Tucson, Arizona.

1979 (summer) N.E.H. Summer Seminar for Law Teachers re: Law Society and Moral Order, Syracuse University College of Law, Syracuse, New York.
*Courses Taught (taught regularly/recently underlined)

Family Law, Comparative & International Family Law, Children and the Law, Advanced Family Law, Constitutional Issues in Family Law, Utah Family Law, Biomedical Ethics and Health Law, Conflict of Laws, Civil Procedure, Origins of the Constitution, American Legal System, Seminar on the Legal Profession, Seminar on J. Reuben Clark and the Law, Legal Writing.
*Major University & Law School Administrative Assignments

Law School Representative, BYU Faculty Advisory Council, 2003-2006; Recipient, Marriage



and Family Law Research Grant, Brigham Young University, 2002-04; Director, LL.M. Program (for foreign Lawyers), J. Reuben Clark Law School, BYU, 1997-2000; BYU Faculty Advisory Council (Law School Rep.), 2003-04; University Commencement Awards Committee, 1997-2000; University Faculty Awards Committee, 1996-1999; Chair, BYU Campus Access Committee, 1985-1988; Chair, Law School LL.M. Committee; Chair, Law School Curriculum Committee; Chair, Law School Dean Search Advisory Committee, 1985; Chair, Law School Placement Committee, 1983-1989; Member, Law School Admissions Committee, 1983-1989; Member, Law School Faculty Recruitment, Promotion and Tenure Committee, 1982-83, 1994-2004.
SCHOLARLY AND PROFESSIONAL PUBLICATIONS

*Books Authored:

Family Law from Multiple Perspectives: Cases and Commentary (West Academic Publishing 2014) (with Mark P. Strasser & Lynne Marie Kohm).


Fundamental Principles of Family Law, with Laurence C. Nolan,(Wm. S. Hein & Co., 2d ed. 2006) (also 1st ed. 2002).

Fundamental Principles of Family Law in Utah, (2002-09 eds.)

International Encyclopaedia of Law, Family and Succession Law, United States of America, (Vol. 2, Supplement 5), with Laurence C. Nolan (Gen. Ed. R. Blanpain; Ed. W. Pintens) (Kluwer Law Int=l, The Hague, 1998) (369 pp.); id. (also published separately as Family Law in the USA (2d ed. 2010) (398 pp.); id. (3d. ed. in press 2016).

Contemporary Family Law, Principles, Policy and Practices, with Christopher L. Blakesley and Jacqueline Y. Parker (Callaghan & Co. 1988) (four volumes).

A Lawyer Looks at Abortion, with Mary Anne Q. Wood (BYU Press, 1982) (336 pp.).

The Abortion Privacy Doctrine (Wm. S. Hein & Co., 1981) (336 pp.) .
*Books Edited:

The jurisprudence of marriage and other intimate relationships (Scott FitzGibbon, Lynn D. Wardle, & A. Scott Loveless, eds. 2010).

Readings on the Origins of the Constitution of the United States of America (compiled by Lynn D. Wardle, 4th ed. 2009) (and 2001, 2003, 2006) (997 pp.).

Marriage and Quasi-Marital Relationships in Central and Eastern Europe (Lynn D. Wardle & A. Scott Loveless, eds., BYU Academic Publishing, 2008) (280 pp. + xvi)

What’s the Harm? Does legalizing same-sex marriage really harm individuals, families or society? (Lynn D. Wardle, ed., University Press of America, 2008) (xi + 393 pages)

Family Law: Balancing Interests and Pursuing Priorities (Lynn D. Wardle & Camille S. Williams, eds. Wm. S. Hein & Co., Buffalo, NY, 2007) (723 pp + 13 pp. front material).

Marriage and Same-Sex Unions: A Debate (Lynn D. Wardle, Mark Strasser, William C. Duncan, & David Orgon Coolidge, co-eds. 2003) (Praeger, xiii + 396 pp.).

Revitalizing the Institution of Marriage for the Twenty-First Century, An Agenda for Strengthening Marriage, (Alan J. Hawkins, Lynn D. Wardle, & David Orgon Coolidge eds., Praeger, 2002) (216 pp.).

Utah Juvenile Court Guidebook, Written by Children and the Law Seminar, (Provo, Utah: J. Reuben Clark Law School, Brigham Young University, 1998) (2000 Supp.) (2d ed. 2004) (3d. ed 2009, with David Read).

*Scholarly Articles or Chapters:
The Family: The Foundation of Human Rights, 7 Int’l. J. Jurispru. Fam. 61-90 (2017) (online and in press).

Family Justice for Future Generations: Considering the Interests of Children and Future Generations in Family Law was published in the book Family Law and Family Justice in the 21st Century: Practice and Reform 370-78 (Chen ed. 2016).

The Self-Evident Truth of the Inalienable Right to Life and the Slavery Analogy to Abortion has been published in Life and Learning XXVI: Proceedings of the Twenty-Sixth University Faculty for Life Conference at 217-242 (2016).

The Alteration and Disintegration of the American Family: Implications for Children and Society, 6 Int’l. J. Jurispru. Fam. 135-174 (2015).

Controversial Medical Treatments for Children: The Roles of Parents and of the State, 49 Fam. L. Q. 509-534 (Fall 2015).

Considering the Interests of Children and Future Generations in Family Law, International Symposium on Family Law and Family Justice in the 21st Century: Practice and Reform, Proceedings 258-65 (October 2015).

Integration and Disintegration in American Family Law: Implications for Children and Society,

6 Int’l J. Jurispru. Fam. 135-174 (2015).

As the Family Goes: Reconciling Moral and Legal Pluralism With Prioritizing Marriage and Childrearing, Selections from the Recife Congress, International Society of Family Law (edited by Margaret F. Brinig, University of Notre Dame, USA) at http://s3-ap-southeast-2.amazonaws.com/resources.farm1.mycms.me/isflhome-org/Resources/PDF/Recife%20Congress%20Selected%20Papers.pdf (seen 1 August 2015).



Legal Perspectives on Some Causes of and Remedies for Declining International Adoptions, The Intercountry Adoption Debate: Dialogues Across Disciplines 277-302 (Robert L. Ballard, et al, eds., Cambridge Scholars Publishing, 2015).

The Future of the Family: The Social and Legal Impacts of Legalizing Same-Sex Marriage, 13 Ave Maria L. Rev. 237-279 (2015).

Taking Action to Protect and Promote Families: An International Initiative, 5 Int’l J. Jurisprudence Family 1-12 (2014) (with Ursula C. Bassett).  

“The Merit of Modesty: Abduction, Relocation, and the Hague Abduction Convention,” The 1980 Hague Abduction Convention: Comparative Aspects, pp. 106-131 (Robert E. Rains ed., Wildy, Simmonds & Hill Publishing, 2014).



The Merit of Modesty: Abduction, Relocation, and the Hague Abduction Convention, 9 J. Compar. L. 89-110 (2014).

Sticks and Stones”: Windsor, The New Morality, and It’s Old Language, 2014 Elon Law Review 411-454.



Marriage, “Magic Bullets,” and Medical Decision-Making: Contemporary Reflections on Themes in the Scholarship of Professor Marygold S. Melli, 29 Wisc. J. L. Gender & Soc. 87-127 (2014).

Teaching Correct Principles, The Experience of the Church of Jesus Christ of Latter-day Saints Responding to Widespread Social Acceptance of Elective Abortion, 53 BYU Studies 107-140 (2014).

The Use and Abuse of “Cause Lawyering”: The Bad Example of Roe v. Wade, 35 U. LaVerne L. Rev. 217-242 (2014).

Developments in Family Law in the United States of America in 2013, in The International Survey of Family Law 2014 Edition, pp. 471-490.

Adoption: Upside Down and Sideways? Some Causes of and Remedies for Declining Domestic and International Adoptions, 26 Regent U. L. Rev. 209-270 (2013-14), and

The Pro-Life Spring and the Future of Roe v. Wade, 89 N. D. L. Rev. 415-467 (2013).

Preview” of Lozano v. Alvarez, No. 12-280, was published in “Preview of the United States Supreme Court Cases,” vol. 41, No. 3, (Dec. 2, 2013), at 139-42.



Reflections on Equality in Family Law, 2013 Mich. State L. Rev. 1385-1448.

The Proposed Minnesota Marriage Amendment in Comparative Constitutional Law: Substance and Procedure, 34 Hamline J. Pub. L. & Pol’y 141-68 (2013).

Instilling Pro-Life Moral Principles in Difficult Times: The Experience of One Faith Community, 11 Ave Maria L. Rev. 299-365 (2013).

Religious Values and Two Same-Sex Marriage Cases Decided by the Supreme Court of the United States, 10 Oxford Journal of Law and Religion 1093 (2013).

Equality Principles as Asserted Justifications for Mandating the Legalization of Same-Sex Marriage in American Intercountry-Comparative Constitutional Law, 27 BYU J. Pub. L. 489-527 (2013).

Intergenerational Justice, Extended and Redefined Families, and the Challenge of the Statist Paradigm, 3 IJJF (Int’l. J. Jurisprudence Fam.) 167-212 (2013).

Marriage and Other Domestic Relationships: Comparative and Critical Equality Analysis of Differences in Form and Substabce,” 26 St. John’s Journal of Civil Rights and Economic Development 663-703 (2012) [published in 2013].

Turning Hearts of Children and Fathers: Legal Recognition of Extended Families, in Les Solidarities entre generations, Solidarities between Generations 202-211 (2013).

The Disintegration of Families and Children's Right to Their Parents, 10 Ave Maria Law Review. 1-52. (Publisher: Ave Maria Law School, Florida, 2012)

The Jurisprudence of Parenting and the Influence of Religion on Effective Parenting, 2 Int’l J. Jurisprud. Fam. 437-477. 2012.

Involuntary Imports: Williams v. Lutwak, the Defense of Marriage Act, Federalistm, and 'Thick' and 'Thin' Conceptions of Marriage, 81 Fordham L. Rev. 771-828. 2012.

Interjurisdictional Transportability of Same-Sex Marriages in the United States: DOMA, 'Full Faith and Credit' and the Importance of Marriage, in III Interdisziplinaare Studien zur Comparatistik und zum Kollisionsrecht/Interdisciplinary Studies of Comparative and Private International Law, 159-196 (201)2.

Dilemmas of Indissoluble Parenthood: Legal Incentives, Parenting, and the Work-Family Balance, 28 BYU J. Pub. L. 265-308 (2012)

The "Echo Chamber Effect" in Legal Education: Considering Family Law Casebooks, 6 St. Thomas Journal of Law and Public Policy, 104-140 (Co-authored with Professor Lynne Marie Kohm of Regent University Law School. 2012)

Reconciling Private Autonomy and Public Interests in Family Law in II Confronting the Frontiers of Family and Succession Law, Liber Amicorum Walter Pintens at pp. 1747-1761 (Interstitia, 2012)

Making the World a Better Place for Families” in II Essays in Honor of Penelope Agallopoulou at pp. 1495-1522 (N. Sakkoulas Publishers, Greece, 2011).

The Impacts on Education of Legalizing Same-Sex Marriage and Lessons from Abortion Jurisprudence, 2011 B.Y.U. Ed. & L. J. 593-635.

An LDS Family Law Professors Perspectives on Same-Sex Marriage, in Successful Marriages and Families: Proclamation Principles and Research Perspectives 279-289, (BYU Studies & BYU School of Family Life, 2011).

The Boundaries of Belonging: Allegiance, Purpose and the Definition of Marriage, 25 B.Y.U. J. Pub. L. 287-315 (2011).

Rights of Conscience vs. Peer-Driven Medical Ethics: ACOG and Abortion, has been published in Life & Learning XVIII, Proceedings of the Eighteenth University Faculty for Life Conference at Marquette University 2008 at 23-55 (Joseph W. Koterski, S.J., ed. 2011).

The institution of marriage and other domestic relations, 3 Amsterdam Law Forum (2) pp. 160-175 (April 2011) an online law review, available at: http://ojs.ubvu.vu.nl/alf/article/view/214 (seen May 23, 2011).

Fundamentals of the Jurisprudence of the Family: Building on Rock or Sand? 1 Int’l. J. Jurispru. Fam. 223-258 (2010)

The “constitution” of Marriage and the “Constitution” of Nations, 45 U. San Francisco L. Rev. 437-489 (2010).

Counselors and Gatekeepers: The Professional Responsibilities of Family Lawyers in Divorce Cases, 79 UMKC L. Rev. 417-443 (2010).

Who Decides: The Federal Architecture of DOMA and Comparative Marriage Recognition was published in 41 Cal. W. Int’l. L.J. 143-187 (2010).

Protection of Health-Care Providers’ Rights of Conscience in American Law: Present, Past, and Future was published in 9 Ave Maria L. Rev. 1-46 (2010).

The Judicial Imposition of Same-Sex Marriage: The Boundaries of Judicial Legitimacy and Legitimate Redefinition of Marriage, 50 Washburn L.J. 79-107 (2010) (50th Anniversary).

The Influence of Family Form and Stability on Criminal Behavior by Minors has been published in Pravni zivot - tematski broj Pravo i prostor (Legal Life - thematic issue Law and space) no.10/2010, Tome II, Book 540, at pp. 61-78 (2010).

Section Three of the Defense of Marriage Act: Deciding, Democracy, and the Constitution, 58 Drake L. Rev. 951-1103 (2010).

A House Divided: Same-Sex Marriage and Dangers to Civil Liberties, 4 Lib. U. L. Rev. 537-591 (2010).

Marriage and Religious Liberty: Comparative Law Problems and Conflict of Laws Solutions 12 J. L. & Fam. Studs. 315-364 (2010).

Gender Neutrality and the Jurisprudence of Marriage, The jurisprudence of marriage and other intimate relationships 37-65 (Scott FitzGibbon, Lynn D. Wardle, & A. Scott Loveless, eds. 2010).

Comparative Perspectives on Adoption of Children by Cohabitating, Nonmarital Couples and Partners, 63 U. Ark. L. Rev. 31-112 (2010).

Alimony on the Margins: Protecting Homemaking Services in the Public Interest, in Family Finances 475-490 (Jan Sramek Verlag KG, Austria, Bea Verschraegen, ed., 2009), updated and republished as Justification of Alimony in the Public Interest, 1 Utah J. Fam. L. 40-56 (2010).

Judicial Activism: Same Sex Marriage and the Aftermath of California’s Prop. 8, 14 Nexus 91-100 (2008-2009).

From Slavery to Same-Sex Marriage: Comity Versus Public Policy in Inter-jurisdictional Recognition of Controversial Domestic Relations, 2008 B.Y.U. L. Rev. 1855-1926.

The Morality of Marriage and the Transformative Power of Inclusion, in What’s the Harm? 207-238 (Lynn Wardle ed., University Press of America 2008)

Protecting Children by Protecting Domestic and International Adoption, in Lebindiges Familienrech, Festschrift fur Rainer Frank (Living Family Law, Celebration in Honor of Rainer Frank) 313-325 (Verlag fur Standesamtswesen 2008)

A Response to the “Conservative Case” for Same-Sex Marriage: Same-Sex Marriage and “The Tragedy of the Commons,” 22 B.Y.U. J. Pub. L. 441-474 (2008)

The Attack on Marriage As the Union of a Man and a Woman, 83 N. Dak. L. Rev. 1365-1391 (2007) [published June 2008]

The Fall of Marital Stability and the Rise of Juvenile Delinquency, 10 J. L. & Fam. Studs. 83-109 (2007) [published June 2008], extended and partially republished as The Influence of Family Form and Stability on Criminal Behavior by Minors has been published in Pravni zivot - tematski broj Pravo i prostor (Legal Life - thematic issue Law and space) no.10/2010, Tome II, Book 540, at pp. 61-78 (2010).

The Hague Convention on Intercountry Adoption and American Implementing Law: Implications for International Adoptions by Gay and Lesbian Couples and Partners, 18 Ind. Int’l & Comp. L. Rev. 113-52 (2008).

In Praise of Loving: Reflections on the “Loving Analogy” for Same-Sex Marriage, 51 Howard L. J. 1117-1186 (2007) [published January 2008]

Form and substance in committed relationships in American law, in Committed Relationships and the Law, at 61-86 (Oran Doyle & William Binchy, eds., Four Courts Press, Dublin, Ireland, 2007).

Seeking Balance and Priorities in Family Law and Family Life, in Family Law: Balancing Interests and Pursuing Priorities, at 3-11 (Lynn D. Wardle & Camille S. Williams, eds. Wm. S. Hein & Co., Buffalo, NY, 2007).

Constitutional Protection for the Institution of Marriage, in Family and the Law in the 21st Century, Festschrist in Honor of Koji Ono on the Occasion of His 70th Birthday, at 1059-1087 (2007).

Biological Causes and Consequences of Homosexual Behavior and Their Relevance for Family Law Policies, 56 DePaul L. Rev. 997-1033 (2007).

Lessons from the Bill of Rights About Constitutional Protection for Marriage, 38 Loyola Univ.-Chi. L. J. 279-322 (Winter 2007).

What Is Marriage? 6 Whittier J. Child & Fam. Advoc. 53-103 (2006) [published March 2007].

Form and Substance in Parentage Law, 15 William & Mary Bill of Rights J., 203-262 (2006) [published January 2007].

Global Perspective on Procreation and Parentage by Assisted Reproduction, 35 Capital U. L. Rev. 413-63 (plus App.) (2006).

Can You Hear the Prayer of the Children? The Quest to Make the World Safer for Children and Families, in Liber Memorialis Peter Sarcevic, Universalism, Tradition and the Individual 371-385 (Sellier European Law Publishers, J. Erauw, V. Taomljenvic & P. Volken, eds., 2006).

Beyond Fault and No-Fault in the Reform of Marital Dissolution Law, in Reconceiving the Family 9-27 (Robin Fredwell Wilson ed., Cambridge University Press 2006).


State Marriage Amendments: Developments, Precedents, and Significance, 7 Fla. Coastal L. Rev. 403-452 (2005) [published April 2006].

Avaliar os custos das unioes de facto: alguns potenciais efeitos prejudiais no Direito da Familia, in Lex Familiae, Revista Portuguesa de Direito da Familia at pp. 13-38 (Vol. 2, no. 3, 2005) (Portuguese) [published 2006] (reprinted from Lynn D. Wardle, Counting the Costs of Civil Unions: Some Potential Detrimental Effects on Family Law, 11 Widener J. Pub. L. 401-442 (2002)).

The AInner Lives@ of Children in Lesbigay Adoption: Narratives and Other Concerns, 18 St. Thomas L. Rev. 511-542 (2005) [published Fall 2006].

The AEnd@ of Marriage, 44 Fam. Crt. Rev. 45-59 (2006).

Federal Constitutional Protection for Marriage: Why and How, 20 B.Y.U. J. Pub. L. 439-486 (2006).

Challenges To Marriage and Morality in the Twenty-First Century, II Pravni zivot, Pravo i Humana Budocnost [Law & Life, Law and the Human Future] 55-69 (2006).

The “Withering Away” of Marriage: Some Lessons from the Bolshevik Family Law Reforms in Russia, 1917-1926, 2 Georgetown Journal of Law & Public Policy 469-521 (2004) [published January 2005].

Non-Recognition of Same-Sex Marriage Judgments Under DOMA and the Constitution, 38 Creighton L. Rev. 365-420 (2005).

Goodridge and the AJusticiary@ of Massachusetts, 14 Boston. U. Pub. Int. L. J. 57-85 (2004) [published May 2005].

The Proposed Federal Marriage Amendment and the Risks to Federalism in Family Law, 2 Univ. St. Thomas L.J. 137-198 (2004) [published July 2005].

A Critical Analysis of Interstate Adoption Recognition of Lesbigay Adoptions, 3 Ave Maria L. Rev. 561-616 (2005).

Fragile Families and Family Law in Fragile Families and the Marriage Agenda 74-106 (Lori Kowaleski-Jones & Nicholas H. Wolfinger, eds. 2005).

Constitutional Protection for the Institutions of Marriage and Family in vol. 1, Pravni Zivot, Pravo 1 Univerzal ne Vrednosti (Law and Universal Values) 1126-40 (2005).


Tyranny, Federalism and the Federal Marriage Amendment, 17 Yale J. L. & Feminism 221-266 (2005) [published August 2005].

Children and the Future of Marriage, 17 Regent U. L. Rev. 279-311 (2004-2005).

Parentlessness: Adoption Problems, Paradigms, Policies and Parameters, 42 Whittier J. Child & Fam. Adv. 323 (2005).

Parenthood and the Limits of Adult Autonomy, 24 St. L. U. Pub. L. Rev. 169 (2005).

All You Need Is Love? 14 So. Cal. Rev. L. & Wo.=s Studs. 51 (2004) [published Winter 2005].

The Symbiotic Relationship Between Human Rights and Family Law in Family Life and Human Rights 973-979 (Peter Lodrup & Eva Modvar Eds. 2004).

Considering the Impacts on Children and Society of ALesbigay@ Parenting, 23 Quinnipiac L. Rev. 541-576 (2004).

Adult Sexuality, the Best Interests of Children, and Placement Liability of Foster-Care and Adoption Agencies, 6 J.L. & Fam. Studs. 59-99 (2004).

The “Withering Away” of Marriage: Some Lessons from the Bolshevik Family Law Reforms in Russia, 1917-1926, 2 Georgetown Journal of Law & Public Policy 469-521 (2004), republished as Lynn D. Wardle, The AWithering Away@ of Marriage: Some Lessons from the Bolshevik Family Law Reforms in Russia, 1917-1926 in I The Family in the New Millenium 257-295 (A. Scott Loveless & Thomas B. Holman, eds., 2007).

The Bonds of Matrimony and the Bonds of Constitutional Democracy, 32 Hofstra L. Rev. 349-377 (2003) [published Summer 2004].

The Curious Case of the Missing Legal Analysis, 18 B.Y.U. J. Pub. L. 309-370 (2004).

Marriage and Domestic Violence in the United States: New Perspectives About Legal Strategies to Combat Violence, 15 St. Thomas L. Rev. 791-805 (Summer 2003) [published May 2004).

Preference for Married Couple Adoptions B Constitutional and Policy Reflections, 5 J. L. & Fam. Studs. 345-391 (2003) [published Spring 2004].

Restrictions on Gay and Lesbian Adoption Are Not Unconstitutional in Issues in Adoption 185-186 (Wiliam Dudley ed., Greenhaven Press/Gale/Thomson, 2004).

Marriage, Relationships, Same-Sex Unions, and the Right of Intimate Associations, in Marriage and Same-Sex Unions: A Debate 190-202 (Lynn D. Wardle, Mark Strasser, William C. Duncan, & David Orgon Coolidge, eds. Praeger, 2003).

Unconventional Relations: Developments in Family Law in the United States, 2001 in The International Survey of Family Law, 2003 Edition 427-452 (2003).

Is Marriage Obsolete? 10 Mich. J. Gender & L. 189-235 (2003).


Parental Infidelity and the ANo-Harm@ Rule in Custody Litigation, 52 Cath. U. L. Rev. 81-132 (2002).

Counting the Costs of Civil Unions: Some Potential Detrimental Effects on Family Law, 11 Widener J. Pub. L. 401-442 (2002).

The Constitutionalization of Family Law, 63 Revista del Colegio de Abogados de Puerto Rico, Julio-Septiembre 2002, at 70-96.

A Comparison of Family in Japan and the United States: Diversity and Universality, 40 Comparative Law, Annals of Toyo University Institute of Comparative Law 23-43 (March 2003).

Family Law, Genetics and Artificial Procreation in the U.S.A., with Carl E. Schneider in Biomedicine, the Family and Human Rights 55-84 ( Kluwer Law Int=l, 2002).

Questoes de Fajmilia: A Importancia Da Estrutura Familiar e da Integridade Familiar (Family Matters: The Importance of Family Structure and Family Integrity), in Familia e Cidadania 25-57 (Anais de III Congresso Brasileiro de Direito de Familia, Instituto Brasileiro de Direito de Familia, Belo Horizonte, 2002).

Institutionalizing Marriage Reforms Through Federalism in Revitalizing the Institution of Marriage for the Twenty-First Century 167-175 (Alan J. Hawkins, Lynn D. Wardle, & David Orgon Coolidge eds., Praeger, 2002).

Deconstructing Family: A Critique of the American Law Institute=s ADomestic Partners@ Proposal, 2001 B.Y.U.L. Rev. 1189-1234.

Multiply and Replenish”: Considering Same-Sex Marriage in Light of State Interests in Marital Procreation, 24 Harv. J. L. & Pub. Pol=y 771-814 (2001).



Relationships Between Family and Government, 31 Cal. W. Int=l. L. J. 1-21 (2000) [actually published in 2001 with 2000 copyright date]. (This is an article I wrote for a symposium issue of this law journal; the article was based on a paper I presented several years ago at a conference in Prague.)

Historical, Social and Political Overview of the American Juvenile Court System in New Developments in Juvenile Law 117-152 (Yuhikaku Press 2001).

Threats and Challenges to the Family in the Twenty-first Century in The Family: At the Center of Human Development 41-79 (Office on Women, Catholic Bishops Conference of the Philippines, 2001).

Legal and Moral Issues of Same-Sex Marriage, in Strengthening Our Families, An In-Depth Look at the Proclamation on the Family 347-52 (David Dollahite ed. 2000).


Equal Partnership and Sacred Responsibilities of Mothers and Fathers in Strengthening Our Families, An In-Depth Look at the Proclamation on the Family 63-82 (David Dollahite ed. 2000) (chapter co-authored with Hawkins, Spangler, Hudson, Dollahite, Kelin, Rugh, Fronk, Draper, Sorensen & Hill).

Divorce Reform at the Turn of the Millenium: Certainties and Possibilities, 33 Fam. L. Q. 783-800 (1999).

The Quandary of Pro-life Free Speech: A Lesson from the Abolitionists, 62 Albany L. Rev. 853-966 (1999).

Roe v. Wade: Effects of Twenty-Five Years of Constitutionalized Abortion on Demand, in Life and Learning VIII, Proceedings of the Eighth University Faculty for Life Conference, June 1998, University of Toronto, pp. 149-183 (Joseph W. Koterski, ed. 1999).

Fighting With Phantoms: A Reply to Warring With Wardle, 1998 U. Ill. L. Rev. 629-641.

The Fundamental Importance of Laws Protecting the Marriage-Based Family, in Liber Amicorum, Marie-Thérèse-Muelders-Kelin, Droit Comparé des Personnes et de la Famille 639-659 (Bruylant Bruxelles, 1998).

Loving v. Virginia and The Constitutional Right to Marry, 1790-1990, 41 Howard L. J. 289-347 (1998).



Williams v. North Carolina, Divorce Recognition, and Same-Sex Marriage Recognition, 32 Creighton L. Rev. 187-240 (1998).

Same-sex Marriage and the Limits of Legal Pluralism, in The Changing Family 381-396 (Oxford, Hart Publishing, 1998).

Legal Claims for Same Sex Marriage: Efforts to Legitimate a Retreat from Marriage by Redefining Marriage, 39 So. Tex. L. Rev. 735-768 (1998).

Introduction to Utah Juvenile Courts in Utah Juvenile Court Guidebook 1-23 (Children and the Law Seminar, J. Reuben Clark Law School, Brigham Young University, 1998, 2004) (and in 1995 and 1997 tentative editions).

The Potential Impact of Homosexual Parenting on Children, 1997 U. Ill. L. Rev. 833-920 (1997).

Liberty, Equality & the Quest for Family Justice in the United States in Families & Justice 208-229 (Brussels: Bruylant, 1997).

Dividing the “New Property” Upon Divorce: The Quest for Economic Equity in Law in Motion 678-710 (Roger Blanpain, ed., Kluwer Int=l, 1997).

Parenting in American LawToday and Tomorrow in The Legal Relationship Between Parents and Children 111-147 (Choo Soo Kim ed. 1997); also in the 11 Koren Journal of Family Law 623-655 (1997) (in Korean).


International Marriage Recognition: A World Dilemma, in Families Across Frontiers 75-88 (Nigel Lowe & Gillian Douglas, eds., The Hague; Martinus Nijhoff Publishers, 1996).

A Critical Analysis of Constitutional Claims for Same-Sex Marriage, 1996 B.Y.U.L.Rev. 1-101.

International Marriage and Divorce Regulation and Recognition: A Survey, 29 Family Law Q. 497 (1995) (included also in a 2001 children=s education publication entitled Pro-Con-Individual & Society (Brown 2001) and in 2005 it was included in an online version of the same anthology (permission granted August 2005).

Essay: The Use and Abuse of Rights Rhetoric: The Constitutional Rights of Children, 27 Loyola U. Chi. L. J. 321-348 (1996), reprinted as The Use and Abuse of Rights Rhetoric: The Constitutional Rights of Children reprinted in Children’s Rights in Library of Essays on Rights (Michael D. Freeman, ed., Ashgate Publishing Ltd. 2003).

Conscience Clauses in Encyclopedia of U.S. Biomedical Policy 45-57 (Robert H. Blank & Janna Merrick eds, Greenwood Publishing, 1996).

United States: Deconstructing the American FamilyBDevelopments in Family Law During 1993, with Margaret F. Brinig 33 U. Louis, J. Fam. L. 541-553 (1995).

Divorce Violence and the No-Fault Divorce Culture, 1994 Utah L. Rev.741-75.

Crying Stones: A Comparison of Abortion in Japan and the United States, 14 N.Y.L. Sch. J. Int=l & Compar. L. 183-259 (1994).

Foreword: Family Restructuring at the End of the Twentieth Century - Issues for a New Century, 8 B.Y.U.J. Pub. L. 1-21 (1994).

Dissent: Perspectives from the Book of Mormon, Journal of Book of Mormon Studies, vol. 3, no. 1, at 53-73 (Spring 1994).

Thomas Jefferson v. Casey, The Human Life Review, vol. XX, no. 3, at 49-58 (Summer 1994).

Protecting the Rights of Conscience of Health Care Providers, 14 J. Legal Medicine 177-230 (1993).

The Evolving Rights and Duties of Stepparents: Making New Rules for New Families in Parenthood in Modern Society, Legal and Social Issues for the Twenty-first Century 375-393 (John Eekelaar & Petar Sarcevic eds, Martinus Niijhauf Co. 1993).

A Matter of Conscience: Legal Protection for the Rights of Conscience of Health Care Providers, 2 Cambridge Q of Health Care Ethics 529-42 (1993).


No-Fault Divorce and the Divorce Conundrum, 1991 B.Y.U.L. Rev. 79-142.

Time Enough”: Webster v. Reproductive Health Services and the Prudent Pace of Justice, 17 Fla. L. Rev. 881-986 (1989).



Suicide Among the Elderly: A Family Perspective, in An Aging World, Dilemmas and Challenges for Law and Social Order 683-726 (J. Eekelaar & D. Pearl eds. 1989).

Parents’Rights v. Minors’ Rights Regarding the Provision of Contraceptives to Minors, 68 Neb. L. Rev. 216-260 (1989).

The Constitution as Covenant, 27 BYU Studies 11-28 (1988).

Judicial Appointments to the Lower Federal Courts in Abortion and the Constitution: Reversing Roe v. Wade Through the Courts 215-41 (George town Univ. Press 1987).

Sanctioned Assisted Suicide: :Separate But Equal” Treatment for the ANew Illegitimates:@, 3 Iss. in L. & Med. 245-66-(1987).

Don’t Tell My Parents: Parents’ Rights Regarding the Provision of Contraceptives to Their Children in Values & Public Policy 181 -219 (1986).



Cable Comes of Age: A Constitutional Analysis of the Regulation of AIndecent= Cable Television Programming, 63 Denver U.L. Rev 621-95 (1986).

Rethinking Roe v. Wade, 1985 B.Y.U.L. Rev. 231-64.

Restricting Abortion Through Legislation, in To Rescue the Future: The Pro-Life Movement in the Eighties 101-18 (D. Andrusko ed. 1984).

The Impact of the Proposed Equal Rights Amendment Upon Family Law, 23 J. Fam. L. 477-519 (1984).

Rethinking Marital Age Restrictions, J. Fam. L. 1-57 (1984).

Passive Euthanasia; A Three Dimensional View, in Perspectives in Mormon Ethics 285-315 (D. Hill, ed., Publishers Press, 1984).

The Effect of the Human Life Amendment on State Law and Prosecution, in Restoring the Right to Life: The Human Life Amendment 53-80 (J. Bopp ed. 1984).

The Gap Between Law and Moral Order: An Examination of the Legitimacy of the Supreme Court Abortion Decisions, 1980 B.Y.U.Law Rev. 911-35.
*Book Reviews:

Lynn D. Wardle, Autonomy, Protection and Incremental Developments in Family Law, A Review of Family Law in America, 39 Fam. L. Q. 805-820 (2005) [published Jan. 2006].



Book Review: Cardozo by Andrew L. Kaufman, 16 Constitutional Commentary 459-476 (1999).

Book review of Roger D. Launius & Linda Thatcher, eds, Differing Visions: Dissenters in Mormon (University of Illinois Press, 1994) in B.Y.U. Studies, vol. 35, no. 4, pp. 232-242 (1996).



Uncovering An American Legacy, 22 Southern University Law Review 127-143 (1995) (reviewing J. Clay Smith, Jr., Emancipation, the Making of the Black Lawyer 1844-1944 (University of Pennsylvania Press 1993)).

Family Law in Practice and Theory: A book review of American Family Law in Transition, 45 Ohio St. L.J. 499 (1984).
*Other Professional, Scholarly and Pedagogical Publications:

Teacher’s Manual for Family Law from Multiple Perspectives (West Academic Publishing 2014) (with Mark P. Strasser & Lynne Marie Kohm).

Conscience Exemptions, 14 Engage 77-80 (Feb. 2013) the Federalist Society monthly journal [published July 2013].

The Boundaries of Belonging: Allegiance,Purpose and Definition of Marriage (shortened republication), 33 The Australian Family. 4-18. (Australia, 2012)

Abortion in the Case of Rape: Moral and Prudential Considerations, second essay about abortion in the case of rape was published by PublicSquare.Net in a series of four pro-con essays about that topic. The exchanges are published at http://publicsquare.net/why-pregnancy-due-to-rape-fails-as-a-justification-for-abortion in 2011.

Same-Sex Marriage and the Limits of Legal Positivism: A Tail or A Leg? (published in Spanish as Matrimonio Entre Personas Del Mismo Sexo ¿ Un Rabo O Una Pata?) in "Cuadernos de Derecho de Familia" (Oct/2010), at 13-15.

A Brief Review of the Case Against Legalizing Same-Sex Marriage was published in “Idea Exchange” a collection of pro-con essays in Academic Solutions a new ABC-CLIO/Praeger Publishers database for undergraduate students in 2010.

Abortion in the Case of Rape: A Response to Todd Bindig was published online by PublicSquare.Net in a series of four pro-con essays about that topic in 2010.

The Influence of Family Form and Stability on Criminal Behavior by Minors (based in part upon another law review article I wrote) was presented in absentia at the Twenty-third Conference of the Mt. Kopaonik School of Natural Law in Serbia, and published in the conference proceedings book, Pravni zivot [Law and Life] in December 2010.

Access and Conscience: Principles of Practical Reconciliation, in AMA online journal, Virtual Mentor, (2009; 11(10):783-787) available at

http://virtualmentor.ama-assn.org/2009/10/pfor1-0910.html (October 2, 2009).

Introduction to Utah Juvenile Courts in UTAH JUVENILE COURT GUIDEBOOK (Lynn D. Wardle & David Read, eds, 3d. ed. 2009)

“Access and Conscience: Principles of Practical Reconciliation,” was published in October in the AMA online journal, Virtual Mentor. (2009; 11(10):783-787) available at



http://virtualmentor.ama-assn.org/2009/10/pfor1-0910.html (October 2, 2009).

Introduction to Utah Juvenile Courts in UTAH JUVENILE COURT GUIDEBOOK (Lynn D. Wardle & David Read, eds, 3d. ed. 2009) was published in the local (in-law-school) third edition of Utah Juvenile Court Guidebook.

Introduction, Marriage in Central and Eastern Europe: The Hope of the Future in Marriage and Quasi-Marital Relationships in Central and Eastern Europe at xiii-xvi (BYU Academic Publishing, Lynn D. Wardle & A. Scott Loveless, eds., 2008)

Potrzeba globalnego odrodzenia malzenstwa (Global Need for Revival of Marriage), in Rotzina -- Wiosna dla Europy i Swiata (Family -- Springtime for Europe and the World) 368-372 (Lomianki 2008)

Point/counterpoint: Protecting Marriage Is a Matter of Basic Human Rights, 6 Nashville Bar J. 7 (Nov. 2006).


The Proclamation on the Family and the Importance of the Family in an Age of Uncertainty, in The Worlds of Joseph Smith, A Symposium held at the NSW Parliament House and State Library of NSW, on May 20-21, 2005, at 56-62 (2006).

Restrictions on Gay and Lesbian Adoption Are Not Unconstitutional in Issues in Adoption 185-186 (William Dudley ed., Greenhaven Press/Gale/Thomson, 2004).

Should Same-Sex Marriage Be Legal, No, in Focus on Law Studies, Vol. XIX, No. 1, Fall 2003 (March 2004) at 5-6 (published by the Division for Public Education of the American Bar Association).

Divorce Consequences: The American Experience With Unilateral No-Fault Divorce, in Papers for the International Conference on Divorce: Causes and Consequences (Sponsored by ISFL and CUPL, July 19-20, Beijing [P.R.C.]) (distributed to approximately 100 family law scholars from 23 nations attending conference in Beijing).

Response, Image, Analysis, and the Nature of Relationships, in Marriage and Same-Sex Unions: A Debate 114-118 (Lynn D. Wardle, Mark Strasser, William C. Duncan, & David Orgon Coolidge, eds. Praeger, 2003).

Response, Beyond Equality, in Marriage and Same-Sex Unions: A Debate 186-189 (Lynn D. Wardle, Mark Strasser, William C. Duncan, & David Orgon Coolidge, eds. Praeger, 2003).

Transcript, Marriage Law: Obsolete or Cutting Edge? Symposium, Panel IV, The Tuture of Legal Marriage: Is Marriage Law Obsolete? Or Will Law Adapt to Recognize Changing Forms of Marriage and Family? 10 Mich. J. Gender & L. 21, 115-38 (2003) (transcript of panel discussion in which I participated).



Constitutional Claims for Gay Couple Adoption and the Marriage Factor in Adoption presented at the Marriage, Adoption and Best Interests of the Child Symposium, November 1, 2002, at Capital Law School, Columbus, Ohio was republished in the anthology Current Controversies: Issues in Adoption by The Gale Group (2003).

Transcript The Constitution, Second Parent Adoptions and The Best Interests of Children: An Interview with Professor Lynn Wardle, 7 Mich. Ch. Welfare L.J. 18-23 (Winter/Spring 2003).



A Critical Analysis of Constitutional Claims for Same-Sex Marriage in Pro/Con II at 65-70 (Brown Partwords, UK, 2002) (extracted from my 1996 BYU L. Rev. article of the same name.


When Dissent is Stifled: The Same-Sex Marriage and Right-To-Treatment Debates, in Narth Bulletin, vol. 8 no. 2 (Aug. 2000) at 26-31.

Some New Threats to Marriage and the Marriage-Based Family for Society in Cutting Edge at 38-54 (New Zealand Education Development Foundation, September 2000).

The Importance of Marriage and the Marriage-Based Family: A Review and Response, in Cutting Edge at 12-23 (New Zealand Education Development Foundation, September 2000).

DOMA: Protecting Federalism in Family Law, The Federal Lawyer, vol. 45, no. 2, Feb, 1998, at 30-35.

Revisiting DOMA, Ore. St. Bar. Bull., June 1998, at 21-26 (essentially the same article as published in The Federal Lawyer).

AVillage People,@ Introduction to the Family Law Symposium on Parent and Child in North American Family Law, 1997 B.Y.U.L.Rev. i-ix.

A.D.R. in the U.S.A. in Families & Justice 534-340 (Brussels: Bruylant, 1997).

Statement and Prepared Statement in The Defense of Marriage Act, Hearing Before the Subcomm. on the Constitution of the Committee on the Judiciary, U.S. House of Representatives, 104 Cong., 2d Sess., on H.R. 3396, May 15, 1996 (Serial No. 69) at 158-180.

Statement and Prepared Statement in the Defense of Marriage Act, Hearing Before the Committee on the Judiciary, United States Senate, 104 Cong., 2d Sess., on S. 1740, July 11, 1996 (S. Hrg. 104-5530 at 23-42).

The Road to Moderation: The Significance of Webster for Legislation Restricting Abortion, 17 Law, Medicine & Healthcare 376-383 (1989).


The Adoption Conundrum, Parts I & II Utah Lawyer Alert June 30, 1989, at 4-8, and July 31, 1987, at 6-9.

Restoring the Constitutional Balance; The Need for a Legal Ramification of the Human Life Amendment, Constitutional Amendment to Reverse Roe v. Wade, prepared statement presented February 28, 1983, in Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, 98 Cong., 1st Sess. 47 (selected for inclusion in Abortion, Society and the Law (3rd ed., University Press Books).

Legalines: Domestic Relations (Harcourt, Brace, Jovanovich, 1981, 1982, 1986, 1991 eds.).

An Integrated Approach to Legal Writing and Legal Analysis , with G. Williams, C. Hawkins, L. Hawkins, and W. Durham (J. Reuben Clark Law School, 1980-85) (course materials).
*Editorships, Publications Advisory Boards:

Member, Editorial Advisory Board, The Natural Family: An International Journal of Research and Policy (formerly The Family in America), 2016-present, and previously Board of Editorial Advisors of The Family in America, 2008-2015.

Member, Editorial Board of the journal Medicine, Law and Society edited at the University of Maribor, Slovenia, 2016-present.

Member, Executive Committee of the AALS Section on Children and the Law, 2013-present.

Peer Reviewer for the International Journal of Religious Freedom, September 2012.

Reviewer for the Journal of the Faculty of Law of Novi Sad University (Serbia), 2012-present.

Member, Publishing Council of “Law, Theory and Practice”, published by the faculty of law, economics and the judiciary at the University of Business Academy in Novi Sad, Serbia, 2012.

Managing Editor (and co-founder), International Journal of the Jurisprudence of the Family (2010-present).

Editorial Advisory Board, Kluwer International Encyclopaedia of Laws 1998-present.


Advisory Board, Issues in Law and Medicine, 1994-present.

Advisory Board, Canadian Journal of Family Law, 1997-2015.

Advisory Board, SSRN, LSN Family & Children’s Law eJournal, 2001-present.

Advisory Board, Georgetown Journal of Gender & the Law, 2007-2010.

National Advisory Board, Journal of Law & Family Studies 1998-2014.

Advisory Board, World Congress of Families, 2015-present.

Editor of Issue, Special Symposium on International Marriage and Divorce Regulations and Recognition in 29 Family Law Q. 497-720 (1995).

Lead Editor of Utah Juvenile Court Guidebook, Written by Children and the Law Seminar, J. Reuben Clark Law School, Brigham Young University (2004) (1998) (and 1995 and 1997 tentative editions).

Scientific Board of the Dionysiana Review (website at http://www.dionysiana.srctomis.ro) published at Ovidius University of Constantza (Romania) by the Centre for Religious

and Juridical-Canonical Study and Research of the Three Monotheistic Religions, 2010-

present.

International Board of Advisors, Journal of Legal Studies (jouralal de Studii Juridice), published by “Petre Andrei” University Faculty of Law in Romania, 2009-present.

Board of Advisors of the Ruth Institute since May 2009-present.

Weekly or bi-monthly contributor of commentary articles in CNSNews.com



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