DePaul University College of Law > Faculty & Staff > Faculty A-Z > Jane Rutherford

Jane Rutherford

  • Professor of Law
  • Full-time
  • (312) 362-5269
  • ​1166 Lewis Center

Professor Rutherford is a widely cited scholar in both family law and constitutional law. Her divorce reform articles have generated a national debate about income sharing that provides the basis for her efforts on both the state and national levels to make divorce law more equitable. Similar concerns about equality have motivated her work in constitutional law, which recently has focused on issues of religious liberty, children’s rights, and voting. Professor Rutherford is currently working on books on divorce and voting.


AB, University of Chicago; JD, University of Michigan

Courses Taught

  • Children & the Law
  • Constitutional Process
  • Law & the Family Unit
  • Selected Issues in International Law


  • Articles
  • Books
  • Book Chapters
  • Book Reviews
  • Miscellaneous


2009 Inherited Behaviors: The Responsibility of Communities for the Environments They Create for Juveniles, ____ Law & Contemp. Probs. ____ (forthcoming). string;#
2007 Symposium, Ties That Bind:Family Relationships, Biology, and the Law: Community Accountability for the Effect of Child Abuse on Juvenile Delinquency in the Brave New World of Behavioral Genetics, 56 DePaul L. Rev. 949 (2007). string;#Click Here
2001 Religion, Rationality, and Special Treatment, 9 Wm. & Mary Bill Rts. J. 303 (2001). string;#Click Here
1998 One Child, One Vote: Proxies for Parents, 82 Minn. L. Rev. 1463 (1998). string;#Click Here
1996 Equality as the Primary Constitutional Value: The Case for Applying Employment Discrimination Laws to Religion, 81 Cornell L. Rev. 1049 (1996). string;#Click Here
1995 The Meek Shall Inherit the Earth: A Power-Based Theory of Unconstitutional Conditions on Religion, 72 Denv. Univ. L. Rev. 909 (1995). string;#Click Here
1992 The Myth of Due Process, 72 B.U.L. Rev. 1 (1992). string;#Click Here
1992 With Barbara Tishler, Equalizing the Cost of Divorce Under the Uniform Marriage and Divorce Act: Maintenance Awards in Illinois, 23 Loy. U. Chi. L. J. 459 (1992). string;#Click Here
1990 Duty in Divorce: Shared Income as a Path to Equality, 58 Fordham L. Rev. 539 (1990). string;#Click Here
1987 Beyond Individual Privacy: A New Theory of Family Rights, 39 U. Fla. L. Rev. 627 (1987). string;#Click Here


1994 With S. Brody and L. Vietzon, Introduction to Legal Drafting (Little, Brown & Co., 1994). string;#

Book Chapters

Book Reviews


1987 Applying the Fair Labor Standards Act to Plant Closings: Who Should be Paid First, the Bank or the Workers?, 1986-87 A.B.A. Preview 418 (May 29, 1987). string;#