111 Iowa L. Rev. Online 266 (2026)

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Abstract

In her important article, Toward a Private Law of Intimates’ Obligations, Emily Stolzenberg argues that our legal system’s failure to respond adequately to claims made by nonmarital cohabitants is not a local or idiosyncratic mistake, but reflects an important, broader defect in our private law. The larger concern to which Stolzenberg draws attention is private law’s failure to respond correctly or adequately to the significant category of interactions among “intimates”—understood as the transactions and interactions among cooperative parties in situations where parties act in ways neither wholly selfish nor entirely altruistic. The present Response discusses some difficulties in potential reforms, based on the fact that both the norms and expectations for cooperative behavior vary considerably across communities (and from one interacting pair to another), and because the norms by which we want parties to interact when a relationship is going well may not be the norms we want to apply (or the parties would want applied) when the relationship is over.

Published:
Friday, November 6, 2026