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Category Archives: Feminism and Families
DOMA and Binational Couples
Among the many issues raised by the decision yesterday by the Obama administration to stop defending Section 3 of the Defense of Marriage Act are those related to the immigration consequences for binational LGBT couples. Does this mean that DHS … Continue reading
Posted in Feminism and Families, Immigration, LGBT Rights
1 Comment
Cyra Choudhury on “Exporting Subjects: Globalizing Family Law Progress Through International Human Rights”
Cyra Akila Choudhury (FIU) has posted to SSRN her article Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, 32 J. Mich. Int’l Law 259 (2011) Here is the abstract: This article examines the global export of domestic U.S. legal … Continue reading
Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations
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CFP: Incarcerated Mothers: Oppression and Resistance
From the FLP mailbox: CALL FOR PAPERS Demeter Pressis seeking submissions for an edited collection on: Incarcerated Mothers: Oppression and Resistance. Co-Editors: Gordana Eljdupovic and Rebecca Jaremko Bromwich. Publication Date: 2012 Deadline for abstracts: May 31, 2011. A large proportion – … Continue reading
Celebrating Divorce
The nation has a rising fascination with matrimonial discord. Apart from improving the ratings for “Real Housewives” shows, divorce is often looked at as a sad unavoidable reality. Two news items remind us that divorce is actually something to celebrate. … Continue reading
Posted in Feminism and Families, Sisters In Other Nations
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CFP: “Uniform Probate Code: Remaking American Succession Law”
From the FLP mailbox: Call for Papers The Uniform Probate Code: Remaking of American Succession Law October 21, 2011 The American College of Trust and Estate Counsel’s Legal Education Committee is organizing the fourth in a series of academic symposia … Continue reading
“Number of Women Lawyers Hits 5-Year Low at NLJ 250 Firms”
From this site: The percentage of women partners and associates working at NLJ 250 law firms this year fell to its lowest point since 2006. Women associates and partners accounted for 29.2 percent of all attorneys at NLJ 250 firms. … Continue reading
Challenging the Opponents of Marriage Equality
In addition to former representative Bob Barr’s interesting address on how his views have evolved on DOMA (the subject of my earlier post here) , the St. John’s U. School of Law Nov. 12th symposium, “Legal, Secular, and Religious Perspectives … Continue reading
Posted in Feminism and Families, LGBT Rights
1 Comment
Former U.S. Congressman Bob Barr on Marriage Equality
Having already called for the repeal of the 1996 Defense of Marriage Act when he ran for president in 2008 as the Libertarian Party nominee, Bob Barr returned to the topic of DOMA’s dysfunctions during an extensive lunchtime address at … Continue reading
Posted in Feminism and Families, LGBT Rights
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Erica Jong and her daughter Molly Jong-Fast: Opposing Views of “Proper” Mothering?
Erica Jong’s recent Wall Street Journal op-ed ”Mother Madness” has garnered a lot of (mostly negative) attention due to her criticism of modern mothering and the unrealistic expectations placed on today’s mothers, from making homemade organic babyfood to constant baby-wearing. Erica … Continue reading
Posted in Feminism and Families
1 Comment
In the Supreme Court Today: Sex Discrimination in Passing Your Citizenship On to Your Children
In the Supreme Court this morning, the Obama administration is defending discrimination in the law of U.S. citizenship on the grounds that other countries do it too. When a non-marital child is born outside the United States and has one … Continue reading
Eliminate Affluent Husband Care
The controversy over law professor Todd Henderson’s “We are the Super Rich” blog entry, posted and then withdrawn from Truth on the Market (Sept. 15, 2010) seems to have missed an underlying feminist tax policy issue. Henderson argues against President … Continue reading
Gerzog on “More QTIP Mischief”
If it weren’t for Wendy Gerzog (Baltimore), I don’t think I would have figured out a way to combine my interests in three subject matters — taxation; wills, trusts and estates; and feminist theory. Her 1993 article The Marital QTIP … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship, Women and Economics
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Buying Parental Rights
Earlier this summer, the journal Bioethics published this interesting piece by Jason K. M. Hanna (Philosophy, Northern Illinois: Revisiting Child-Based Objections to Commercial Surrogacy. Here is the abstract: Many critics of commercial surrogate motherhood argue that it violates the rights … Continue reading
Posted in Feminism and Families, Reproductive Rights
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“Feminist Mom Roundup” Theme: The Power of Words
Transatlantic Blonde has a Friday Feminist Roundup Theme (here) calling for ruminations from “feminist moms” on “The Power of Words” (however you interpret it). The first thing that the prompt brought to mind was a “This is What a Feminist … Continue reading
Posted in Feminism and Families
1 Comment
No-Fault? No Problem in NY
From the New York Law Journal, this news of significant changes to New York’s divorce law. Previously, New York was a “fault” jurisdiction, requiring a finding of adultery, abandonment, cruelty or a 1-year separation pursuant to a written instrument (that, … Continue reading
Posted in Feminism and Economics, Feminism and Families
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“Hiding-in-Plain-Sight” Facts about Marriage and Parenthood – The California Marriage Case and the Irrelevance of Gender
At the moment, commentators are busy opining about whether or not the Ninth Circuit will affirm Judge Walker’s decision not to stay his order pending appeal – thus allowing gay and lesbian couples to marry in California — and, in … Continue reading
Posted in Feminism and Families, LGBT Rights
1 Comment
ABA Resolution on Same-Sex Marriage
The ABA overwhelmingly adopted a resolution urging state (as well as territorial and tribal) governments to permit same-sex marriage: RESOLVED, That the American Bar Association urges state, territorial, and tribal governments to eliminate all of their legal barriers to civil … Continue reading
Posted in Feminism and Families, LGBT Rights
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Robin Runge’s Upcoming Radio Appearance on “Domestic Violence and the Law: China vs. the U.S.A”
On Sunday, August 8, 2010, at 5:00 p.m. (Central), Feminist Law Prof Robin Runge (North Dakota) will appear on Prairie Public radio station’s “Why?” program talking about her work in China on violence against women. Here’s the station’s official description of the … Continue reading
Posted in Acts of Violence, Feminism and Families, Sisters In Other Nations
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Gender “Artifacts,” Sex Discrimination, and the California Marriage Decision
Combing through Judge Vaughan Walker’s lengthy and momentous findings of fact and conclusions of law in Perry v. Schwarzenegger, in which he held that California’s Proposition 8 offends both federal due process and equal protection rights of same-sex couples, I … Continue reading
Posted in Feminism and Families, LGBT Rights
1 Comment
Robson Op-Ed: “Answers Found in the 10th Amendment”
On July 30, 2010, the LA Times published this op-ed by Feminist Law Prof Ruthann Robson (CUNY): Answers Found in the 10th Amendment The words of the Constitution do not change whether they are being applied to immigration or same-sex … Continue reading
Posted in Feminism and Families, Immigration, LGBT Rights
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Upping the Odds: Bristol, Levi and the Hazards of Young Marriage
The headlines are abuzz, “Bristol Palin and Levi Johnson engaged, again!” Most of us, of course, wish them well, and this time they might make it work. As Naomi Cahn and I explained, however, in Red Families v. Blue Families, … Continue reading
Posted in Feminism and Families
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DOMA Section Three Held Unconstitutional
In two companion cases – – – one filed by individual plaintiffs married in Massachusetts alleging a violation of equal protection and one filed by the Commonwealth of Massachusetts alleging Spending Clause and Tenth Amendment issues – – – federal … Continue reading
Posted in Feminism and Families, Feminism and Law, LGBT Rights
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Joslin on “Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines”
Courtney Joslin (UC Davis) has posted to SSRN her article, Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines, 41 Harv. L. & Pol’y Rev. 31 (2010). Here is the abstract: Until recently, when a lesbian couple had … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship
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Female genital cutting . . . in a U.S. hospital?
(Trigger warning) This post at Feministing — about a doctor who cuts young children with “abnormal” clitorises, and then tests their subsequent sensory perception with a vibrator (!) — is just incredibly disturbing.
Posted in Acts of Violence, Feminism and Families, Feminism and Medicine, LGBT Rights
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NYT on Parental Leave in Sweden
A fascinating discussion from the NYT a few weeks ago underscores the fact that no, current United States gender norms are not a particularly normal or natural baseline, and that other, healthier options are available. As the article notes, Sweden’s … Continue reading
Posted in Feminism and Families
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In Memory of My Mother
I am Very Busy these days Writing and Editing Important Work. I have no time to blog these days, and certainly not today. However, my mother is making me write this. For those who know me, this may seem surprising, … Continue reading
Posted in Feminism and Families
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Parenting, Female and Male, in Hours
Since I became a parent, I’ve been feeling like a rare bird, an engaged parent who happens to be a male. Throughout my day, in the back of my mind, I object to the marginalization of male parents. A recent … Continue reading
Posted in Feminism and Families
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Huntington on “Purple Haze”
Clare Huntington (Colorado) has posted to SSRN her review essay Purple Haze, __ Mich. L. Rev. (forthcoming), a review of Naomi Cahn and June Carbone’s Red Families v. Blue Families. Here is the abstract: In this age of vitriolic politics, it … Continue reading
New York Reforms Law on Establishing Paternity for Inheritance Purposes
New York State Governor David A. Paterson has signed into law a bill that allows paternity to be established for inheritance purposes by genetic marker test. The text of the bill is here. The Governor’s press release is here. The … Continue reading
Posted in Feminism and Families
1 Comment
The Regulation of Naming
Yofi Tirosh, Faculty of Law, Tel Aviv University, has published A Name of One’s Own: Gender and Symbolic Legal Personhood in the European Court of Human Rights, in volume 33 of the Harvard Journal of Law and Gender (2010). Here … Continue reading
Posted in Academia, Feminism and Culture, Feminism and Families, Feminism and Law, Feminist Legal History
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“Maryland’s roadblock to helping victims of abuse”
WaPo article by Eileen King: The Maryland House Judiciary Committee has a reputation for being not only a place where good bills go to die but also where witnesses can expect little sympathy for having suffered from violent or sexual … Continue reading
Posted in Acts of Violence, Feminism and Families, Feminism and Law
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Naomi Cahn and June Carbone, “Blue Biology: Women, Economics, and Family Values”
Full text at the HuffPo, excerpt below: … The economy and biology are on a collision course. The latest news confirms what many women fear — wait too long and your eggs are gone. The scientific findings aren’t quite that … Continue reading
Posted in Feminism and Families, Feminism and Law, Reproductive Rights
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High divorce rates and teen pregnancy are worse in conservative states than liberal states, but moral panic won’t help lower divorce rates and teen pregnancy in conservative states; education will.
Read a recent op-ed by this title written by Feminist Law Profs Extraordinare Naomi Cahn and June Carbone here! –Ann Bartow
Posted in Feminism and Families, Feminism and Law, Reproductive Rights
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Is there a gendered difference in how long it takes someone to become a “real” citizen?
That’s not exactly the question in Flores-Villar v. United States, a case in which the Court granted cert. today. But the case does involve a statute which provided a gender differential for unmarried mothers and unmarried fathers regarding the … Continue reading
Posted in Courts and the Judiciary, Feminism and Families, Immigration
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“All in the Family? Interdisciplinary Conference on Kinship and Community” March 25-26 at CUNY
On March 25 and 26, 2010, the CUNY Graduate Center will host the conference, “All in the Family? An Interdisciplinary Conference on Kinship and Community.” The program is co-sponsored by the Center for the Humanities; the Andrew W. Mellon Foundation; … Continue reading
Posted in Feminism and Families, LGBT Rights, Upcoming Conferences
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Importance of Honesty in Donor-Conceived Families
At the Denver Motherhood conference, I’m listening now to a talk by Wendy Kramer, co-founder and Director of the Donor Sibling Registry. Here’s an excerpt from the organization’s “About Us” statement: The Donor Sibling Registry (DSR) was founded in 2000 … Continue reading
Posted in Feminism and Families, Feminism and Law, Feminism and Medicine, Reproductive Rights
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U Denver Conference “Motherhood: Reclaiming Our Past, Transforming Our Future”
The conference “Motherhood: Reclaiming Our Past, Transforming Our Future” has just gotten under way at University of Denver Sturm College of Law. Dean Martin Katz (Denver) gave a blissfully short welcome, followed by Professor Judy Walsh (University of Dublin School … Continue reading
Posted in Feminism and Families, Feminism and Law
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The Courage of Her Evictions (Or, Working on a Night Move)
A recent New York Times article on eviction and low-income black women offered the following: “New research is showing that eviction is a particular burden on low-income black women, often single mothers, who have an easier time renting apartments than … Continue reading
Posted in Feminism and Families, Race and Racism, Women and Economics
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Decentralizing Family
Given the ongoing Prop. 8 trial and the debate over same-sex marriage, I thought it would be timely to draw your attention to a paper that I posted on SSRN last fall. The paper is titled “Decentralizing Family: An Inclusive … Continue reading
Posted in Academia, Feminism and Families, Feminism and Law, LGBT Rights
1 Comment
Joslin on “The Evolution of the American Family”
Courtney Joslin (UC Davis) has posted to SSRN her short article, “The Evolution of the American Family,” published in the Summer 2009 issue of the ABA Human Rights magazine. Here is a portion of the abstract: This short piece examines … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship
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Traditional Marriage Through the Ages
Click here for Ann Telnaes’s animated take on the subject over at the Washington Post. -Tony Infanti
Posted in Feminism and Families, LGBT Rights
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Perry v. Schwarzenegger,”The Proposition 8 Trial”: A Primer
The well-publicized trial on the constitutionality of California’s Proposition 8 banning same-sex marriage begins today before Judge Vaughn Walker in the United States District Court for the Northern District of California (court website for case here). Recall that the California … Continue reading
Posted in Feminism and Families, LGBT Rights
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Feminist Theory Meets Empirical Research on Surrogate Mothers
The topic of surrogacy seems to elicit strong and sometimes conflicted reactions. In particular, it has been the subject of some less than favorable discussion in posts on this blog (see here and here, both cross-posts from other blogs) and … Continue reading
June Carbone, “Inequality Starts At Home”
As part of the Roosevelt Institute’s ongoing ‘Feminomics’ series, running on the New Deal 2.0 blog, June Carbone was asked to reflect on women’s changing roles in the economy. Her essay is available here and was also featured on … Continue reading
E-Marriage Update
NPR’s December 14th Morning Edition featured Michigan State University College of Law profs Adam Candeub and Mae Kuykendall and their proposal for”e-marriage,”through which same-sex couples could obtain marriage licenses from states in which such unions are legal, and then have … Continue reading
Posted in Academia, Feminism and Families, Feminism and Law, LGBT Rights
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On Forging Sustainable Parental Bonds.
Last Sunday’s New York Times Magazine cover story, Who Knew I was Not the Father?, discusses the complexities of identifying which men to label as”fathers.” The article told the heartbreaking stories of men who believed that they were the biological … Continue reading
Adam Candeub and Mae Kuykendall, “E-Marriage: Breaking the Marriage Monopoly”
From this press release: “Michigan State University College of Law Professors Adam Candeub and Mae Kuykendall announce the creation of the Legal E-Marriage Project, a clearinghouse for legislative proposals to institute “e-marriage.” Their proposal has the potential to alter the … Continue reading
Robson on “Compulsory Matrimony”
Feminist Law Prof Ruthann Robson (CUNY) has posted to SSRN her chapter, Compulsory Matrimony, from the new Ashgate Press book Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations (Martha A. Fineman, Jack E. Jackson and Adam P. Romero eds., … Continue reading
Posted in Feminism and Families, Feminism and Law, LGBT Rights, Recommended Books
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Contact the AALS About Restoring Child Care Services During the Annual Meeting.
If you’re a law professor with young children, you’ve probably noticed that AALS has discontinued the previous practice of offering child care services to members attending the annual meeting, due to low enrollment in the past. Our understanding is that … Continue reading
Posted in Academia, Feminism and Families, Feminism and Law, Feminists in Academia, Law Teaching
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Single Mothers Stigmatized in Korea
The New York Times has an article here on the stigma that single women face in Korea. For those who chose to become mothers outside of marriage, the social pressure can be significant. [E]ach year, social pressure drives thousands … Continue reading
Posted in Feminism and Families, Sisters In Other Nations
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