Category Archives: Feminism and Families

CFP: It’s a Man’s World: Revealing and Addressing Hidden Gender Bias in Tax Law and Policy

American Tax Policy Institute Research Roundtable and Symposium It’s a Man’s World: Revealing and Addressing Hidden Gender Bias in Tax Law and Policy Expressions of interest due March 31, 2024 Program October 17-18, 2024, Washington DC The American Tax Policy Institute is pleased … Continue reading

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Stolzenberg Wins 2023 Haub Law Emerging Scholar Award in Women, Gender & Law

Emily Stolzenberg (Villanova) has won the 2023 Haub Law Emerging Scholar Award in Women, Gender & Law for her paper Nonconsensual Family Obligations, 48 BYU L. Rev. 625 (2022).  The press release is here. Here is the paper’s abstract: Even … Continue reading

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Paudel & Shah on the Relationship Between Menstrual Discrimination and Child Marriage

The Global South Coalition for Dignified Menstruation andRadha Paudel Foundation have published a report by Radha Paudel and Noor Jung Shah, Isn’t Menstrual Discrimination a Driver for Child Marriage. Here is the abstract: This study is undertaken to examine the … Continue reading

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CFP: Symposium on the COVID Care Crisis and its Implications for Legal Academia

The COVID care crisis and other multiplying effects of related shutdowns, embedded inequalities, and health and safety risks are likely disproportionately impacting people with caregiving responsibilities in academia. The division that separates work from home has collapsed, threatening the very … Continue reading

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Two New Feminist Judgments Books – Reproductive Justice Rewritten & Family Law Opinions Rewritten

The U.S. Feminist Judgments Project is pleased to announce the publication of two new volumes in the Cambridge University Press series. Feminist Judgments: Family Law Opinions Rewritten (Rachel Rebouché ed. 2020) This book provides new, feminist perspectives on famous family … Continue reading

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Sex Inequality in the U.S. and French #Tax Laws

Mary Roche Waller (Michigan JD 2017) has published Sex Inequality in the United States and French Income Tax Filing Systems, 73 Tax Lawyer 207 (2019). Here is the abstract: This Article explains and compares the joint and family income taxation … Continue reading

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Cook on “Johnny Appleseed: Citizenship Transmission Laws and a White Heteropatriarchal Property Right in Philandering, Sexual Exploitation, and Rape (the “Whp”) or Johnny and the Whp”

Blanche Bong Cook (Kentucky) has posted to SSRN her article, “Johnny Appleseed: Citizenship Transmission Laws and a White Heteropatriarchal Property Right in Philandering, Sexual Exploitation, and Rape (the “Whp”) or Johnny and the Whp, 31 Yale J. L. & Feminism … Continue reading

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Upcoming Louis Henkin Lecture on Human Rights @MiamiLawSchool

If you’ll be in Miami on October 15, 2019, please consider attending this lecture at the University of Miami School of Law: 8th Annual Louis Henkin Lecture on Human Rights Featuring: Catherine PowellProfessor of Law, Fordham University School of Law “Race, … Continue reading

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Caterine on Gender & Bankruptcy

Emma Caterine, a 2018 graduate of CUNY Law School, has posted to SSRN her article A Fresh Start for a Women’s Economy: Beyond Punitive Consumer Bankruptcy, 33 Berkeley J. of Gender, Law & Justice (2018). Here is the abstract: This … Continue reading

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CFP: New Trusts & Estates Collaborative Research Network of Law and Society Association

Trusts & Estates Collaborative Research Network Law and Society Association Call for Participation – Deadline October 8, 2018 [feminist scholarship warmly invited! –  Ed.] Organizers of the newly-formed Trusts & Estates Collaborative Research seek proposals that explore any aspect of … Continue reading

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New Children’s Book: “My Mom Has Two Jobs”

I recently took a break from writing law review articles to publish my first children’s picture book, which celebrates working moms — including lawyer moms. The book is titled, My Mom Has Two Jobs. I had the idea for this … Continue reading

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Shaming and Blaming Mothers Under the Law: It’s Time We Stop Expecting Mothers to Be Perfect

The perfect mother is a ubiquitous, if impossible, part of American life. We see her in spandex at the gym, working out—self-care!—a week after delivering twins. She’s at center-stage when internet experts opine about how mothers can prevent teenagers’ opioid … Continue reading

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Boso on “Rural Resentment and LGBT Equality”

Luke Boso (Visiting Professor, University of San Francisco School of Law) has posted to SSRN his  article, Rural Resentment and LGBT Equality, forthcoming in 70 Fla. L. Rev. (2019).  Here is the abstract: In 2015, the Supreme Court in Obergefell … Continue reading

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New Book on “Making Milk: The Past, Present and Future of Our Primary Food,” Cohen & Otomo, eds.

Mathilde Cohen (U Conn) and Yoriko Otomo (SOAS, University of London) have published an edited volume, Making Milk: The Past, Present and Future of Our Primary Food (Bloomsbury, 2017). Here is the publisher’s description: What is milk? Who is it … Continue reading

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Maynard on “How the NCAA Infringes on the Freedom of Families”

Goldburn P. Maynard Jr. (Louisville) has published in the Wisconsin Law Review Online his essay “They’re Watching You: How the NCAA Infringes on the Freedom of Families.”  Here is an excerpt: This Essay argues that the NCAA’s surveillance of the … Continue reading

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Parenting in an Activist High School

High school students in Parkland, Florida have showed us that our teenagers can be brave and effective when mobilized around a cause. Their work is breathtaking to read about. My children’s high school in New Jersey also made national news … Continue reading

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Weissman on “Due Process Should Apply to Victims, Too”

Last week, Deborah M. Weissman (UNC)  published in the Raleigh News & Observer  an op-ed entitled Due Process Should Apply to Victims, Too.  Here is an excerpt: President Donald Trump recently announced that he favors due process of law. In … Continue reading

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Pratt on Tax Deductions for IVF, Egg Donation, and Surrogacy

Over at the TaxProf Blog, Professor Katherine Pratt (Loyola-L.A.) has an op-ed, Morrissey Creates New Uncertainty Regarding Tax Deductions for IVF, Egg Donation, and Surrogacy.  Commenting on the Tax Court’s decision in Morrissey v. United States (11th Cir. Sept. 25, 2017), Pratt … Continue reading

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Tait on “Corporate Family Law”

Allison Anna Tait (Richmond) has published Corporate Family Law, 112 Nw. U. L. Rev. 1 (2017).  Here is the abstract: There is no such thing as corporate family law. But there are corporate families, and corporate families fight. What happens … Continue reading

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Shayara Bano v. Union of India: A Watershed Moment in the Battle for Women’s Rights in India

The following is a guest post by Malcolm Katrak. Mr. Katrak is a Law Clerk to Justice (Retd.) S. N. Variava, Former Judge, Supreme Court of India. In the past, he has worked with Mr. Darius Khambata, Former Vice-President, London … Continue reading

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Israeli Supreme Court Cites Feminist Law Profs in Opinion on Surrogacy

The Israel Supreme Court has cited three feminist law profs in an important decision (here — in Hebrew) regarding the constitutional right to enter into surrogacy agreements under Israeli law.  The scholars cited (in English) are: Gaia Bernstein (Seton Hall), … Continue reading

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England and Wales Family Court Decision: Example of a Feminist Judgment

Earlier this week, Mr. Justice Peter Jackson of the English and Wales Family Division of the High Court handed down a relatively run-of-the-mill custody decision in what I think is an extraordinary format. The decision is written as a signed … Continue reading

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Goodmark on “Should Domestic Violence Be Decriminalized?”

Leigh Goodmark (Maryland) has posted to SSRN her article, Should Domestic Violence Be Decriminalized? 40 Harv. J. of L. & Gender 53 (2017).  Here is the abstract: In 1984, the United States started down a path towards the criminalization of … Continue reading

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Meier on “Mapping Gender: Shedding Empirical Light on Family Courts’ Treatment of Cases Involving Abuse and Alienation”

Joan Meier (GW) has posted to SSRN her article, Mapping Gender: Shedding Empirical Light on Family Courts’ Treatment of Cases Involving Abuse and Alienation, 35 Law & Ineq. 311 (2017). Here is the abstract: This article provides an empirical view … Continue reading

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Ben-Asher on “In the Shadow of a Myth: Bargaining for Same-Sex Divorce

Noa-Ben Asher (Pace) has posted to SSRN her article “In the Shadow of a Myth: Bargaining for Same-Sex Divorce,” forthcoming in 78 Ohio St. L.J. (2017).  Here is the abstract: This Article identifies and offers solutions to an emerging problem … Continue reading

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Is Ginsburg’s Decision in Sessions v. Morales-Santana Good for Women?

In Sessions v. Morales-Santana, a decision written by Justice Ginsburg, the Supreme Court ruled unconstitutional today a federal law that makes it more difficult for U.S. citizen fathers than mothers to transmit citizenship to non-marital child born abroad.  Previously, unmarried … Continue reading

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Lipman on Anti-Poverty Relief Delivered Through the Tax Code

Francine Lipman (UNLV) blogs here at the Surly Subgroup about newly-released national and state poverty statistics. The post is a short and clear explanation of how significant anti-poverty relief is delivered through the tax code to millions of people, including … Continue reading

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Higdon on “Divorce and the Serial Monogamist: The Ex Ante Consequences of Legalized Polygamy”

Michael Higdon (Tennessee) has posted to SSRN his paper, Divorce and the Serial Monogamist: The Ex Ante Consequences of Legalized Polygamy.  Here is the abstract: The question of whether the fundamental right to marry might also include the right to … Continue reading

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Free ABA Telecast – “The Tax Code and Income Inequality: Limitations and Political Opportunities”

The ABA Section of Civil Rights and Social Justice is hosting this free teleconference, co-sponsored with the ABA Section on Taxation. Feminist Law Prof Francine Lipman (UNLV) is one of the featured speakers. FREE TELECONFERENCE* The Tax Code and Income … Continue reading

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Egg Freezing in Three Easy Steps?

The folks at motherboard.com report here on a London pop-up shop called “Timeless.” It looks like a beauty-product store but is designed to inspire conversations about female fertility and egg freezing. Here’s how the article describes the shop: The Timeless … Continue reading

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Tait on “The Return of Coverture”

Allison Anna Tait (Richmond) has posted to SSRN her essay, The Return of Coverture, 114 Mich. L. Rev. First Impressions (2016).  Here is the abstract: Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and … Continue reading

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Aloni on Ending Tax Breaks for Marriage

Erez Aloni (Whittier) has published an op-ed in the (UK) Guardian, Married People Tend to be Wealthier, So Why Give Them Tax Breaks?  Here is an excerpt: If marriage is increasingly the preserve of those who are already better off, … Continue reading

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Joshi, “The Respectable Dignity of Obergefell v. Hodges”

Yuvraj Joshi, the Peter and Patricia Gruber Fellow in Global Justice at Yale Law School, has posted to SSRN his essay, The Respectable Dignity of Obergefell v. Hodges, forthcoming in the California Law Review’s Circuit (online publication).  Here is an … Continue reading

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Merle Weiner’s New Book: “A Parent-Partner Status for American Family Law”

Cambridge University Press has published a new book by Merle Weiner (Oregon), A Parent-Partner Status for American Family Law (2015).  Here is the description: Despite the fact that becoming a parent is a pivotal event, the birth or adoption of … Continue reading

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A Legislative History of Illegitimacy In British Columbia

Susan B. Boyd, University of British Columbia Faculty of Law, and Jennifer Flood, Thorsteinssons LLP, have published Illegitimacy in British Columbia, Saskatchewan, Ontario, and Nova Scotia: A Legislative History. Here is the abstract. Over time, provincial legislation in Canada modified … Continue reading

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NY Gay Couple Not Married Couldn’t Have Been Divorced…Duh

A very strange case got some attention in the New York Law Journal this week.  New York County Surrogate Nora S. Anderson has (sensibly) ruled in the Matter of Leyton, 2013-4842/A/B, NYLJ 1202730202742, at *1 (Surr., NY, Decided June 16, … Continue reading

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Frozen Embryos and the Canadian Legal Regime

Stefanie Carsley, McGill University Faculty of Law, has published Rethinking Canadian Legal Responses to Frozen Embryo Disputes at 29 Canadian Journal of Family Law 55 (2014). Here is the abstract. This article examines and critiques Canadian legal responses to disputes … Continue reading

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Equal Protection and Parental Leave

Keith Cunningham-Parmeter, Willamette University College of Law, is publishing (Un)Equal Protection: Why Gender Equality Depends on Discrimination in volume 109 of the Northwestern University Law Review (2015). Here is the abstract. Most accounts of the Supreme Court’s equal protection jurisprudence … Continue reading

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Goodmark on “Militarized Masculinity and Police Officers Who Commit Intimate Partner Abuse”

Leigh Goodmark (Maryland) has posted to SSRN her paper Hands Up at Home: Militarized Masculinity and Police Officers Who Commit Intimate Partner Abuse. Here is the abstract: The deaths of Michael Brown and Eric Garner and the almost daily news … Continue reading

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The Battered Woman Syndrome In Canadian Criminal Law

Elizabeth A. Sheehy, University of Ottawa, Common Law Section, has published Defending Battered Women on Trial, at Defending Battered Women on Trial: Lessons From the Transcripts 1 (Vancouver: UBC Press, 2014). Here is the abstract. In the landmark Lavallee decision … Continue reading

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Aloni on the Partisan Politics of Marriage

Erez Aloni (Whittier) has an op-ed in the Guardian, Republicans Want ‘Stronger’ Marriages but are Fighting Equality Within Them.  Here is an excerpt: Even as social conservatives pontificate on preserving the sanctity of marriage and the importance of making divorce … Continue reading

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Cost of Child Care is a Feminist Issue

Writing for the Berkeley alumni magazine, author Tamara Straus asks, “What Stalled the Gender Revolution? Child Care That Costs More Than College Tuition.” Here is an excerpt: Vox reported in August that child care costs are growing at nearly twice … Continue reading

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Balkinization Roundtable on Clare Huntington’s “Failure to Flourish: How Family Law Undermines Family Relationships””

There’s been a symposium over at Balkinization about Clare Huntington’s book, Failure to Flourish: How Family Law Undermines Family Relationships.  A round-up of all the posts is here. -Bridget Crawford

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Nursing Mothers on the Academic Job Market

The October 22, 2014 edition of the Chronicle ran an “Advice” column, Breastfeeding on the Job Market, by a pseudonymous professor in the humanities.  The professor describes her experiences as a job candidate and bringing her nursing infant with her … Continue reading

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Huntington, “Help Families from Day 1”

Clare Huntington (Fordham) has published an op-ed, Help Families from Day 1, in the New York Times, tied to the opening of universal pre-kindergarten in New York City.  Here is an excerpt: In my research, I have cataloged government policies … Continue reading

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Save the Date: Family Law Scholars and Teachers Conference, June 22, 2015

From the FLP mailbox: Dear Friends and Colleagues, We would like to invite you to a working-paper conference that we are planning to hold in the days before the AALS mid-year family law conference in Orlando next summer. Our group, … Continue reading

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Huntington on “How Law Undermines Family Relationships”

Clare Huntington (Fordham Law School) has published a new book, Failure to Flourish: How Law Undermines Family Relationships (Oxford University Press 2014).  Here is Oxford’s description:  Exploring the connection between families and inequality, Failure to Flourish: How Law Undermines Family … Continue reading

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New Book Announcement: Jill Elaine Hasday, “Family Law Reimagined”

Jill Elaine Hasday (Minnesota) has published a new book, Family Law Reimagined (Harvard U. Press, 2014).  Here is the publisher’s description: One of the law’s most important and far-reaching roles is to govern family life and family members.  Family law … Continue reading

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French in an Uproar about Judith Butler’s Gender Theories

From the Boston Globe: On Feb. 2, Paris once again became a vast political stage. One hundred thousand demonstrators had gathered, galvanized by a danger looming over the Republic. The threat was not, as in times past, fascism or Nazism, … Continue reading

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Family Status, Federalism, and the Windsor Decision

Courtney G. Joslin, University of California, Davis, School of Law, has published Windsor, Federalism, and Family Equality at 113 of Columbia Law Review Sidebar 156 2013). Here is the abstract. In a 5-4 decision authored by Justice Kennedy, the Court held … Continue reading

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