Category Archives: Feminism and Families

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The controversy over law professor Todd Henderson’s “We are the Super Rich” blog entry, posted and then withdrawn from Truth on the Market (Sept. 15, 2010) seems to have missed an underlying feminist tax policy issue.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

Posted in Feminism and Economics, Feminism and Families, Feminism and Law | 2 Comments

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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

Posted in Feminism and Families, Feminist Legal Scholarship | 1 Comment

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

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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

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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

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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 | Comments Off on 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.

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

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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

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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

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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

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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

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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

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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

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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

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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

Posted in Feminism and Families, Feminism and Science, Reproductive Rights | 1 Comment

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

Posted in Feminism and Economics, Feminism and Families, Women and Economics | 3 Comments

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

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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

Posted in Feminism and Families, Feminism and Law, Feminism and Technology, Feminist Legal Scholarship | 2 Comments

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

Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, From the FLP mailbox, LGBT Rights | 1 Comment

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

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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

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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

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Learning About Family Tax Credits

The National Women’s Law Center is sponsoring two on-line training/education sessions about family tax credits.  Here’s the info: Did you know that federal tax credits for families have been expanded and are now more valuable than ever? We’re not talking … Continue reading

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Alienate My Affections: The Market (In)Alienability of Attending to Others (Or, Aynnie Did You Dun?)

I have been away from my blog for quite some days now as I plunge into teaching, writing, editing articles, and finalizing my dissertation. Anyway, with all of the intellectual cross-pollination going on in my life, I find myself thinking … Continue reading

Posted in Feminism and Families, Feminism and Law | 1 Comment

Joslin on “Interstate Recognition of Parentage in a Time of Disharmony”

Feminist Law Prof Courtney Joslin (UC Davis) has posted to SSRN her article, “Interstate Recognition of Parentage in a Time of Disharmony: Same-Sex Parent Families and Beyond,” 70 Ohio St. L.J. 557 (2009).   Here is the abstract: In a … Continue reading

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The “2010 California Marriage Protection Act” will ban divorce in the state of California.

“People who supported Prop 8 weren’t trying to take rights away from gays, they just wanted to protect traditional marriage. That’s why I’m confident that they will support this initiative, even though this time it will be their rights that … Continue reading

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There’s Something About Marriage: New York Trial Court Uses Differences Between a Marriage and a Civil Union to Refuse to Dissolve the Latter

“Civil union” means that two eligible persons have established a relationship pursuant to this chapter, and may receive the benefits and protections and be subject to the responsibilities of spouses. -Vermont Stat. Ann., Title 15, Section 1201(2) (a) Parties to … Continue reading

Posted in Courts and the Judiciary, Feminism and Families, LGBT Rights | 5 Comments

“Wilder Women”

That’s the title of this interesting New Yorker article about Laura Ingalls Wilder and her daughter Rose. Via.

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Caroline Bettinger-Lopez, “Human Rights at Home: Domestic Violence as a Human Rights Violation”

The abstract: In 2005, Jessica Lenahan (formerly Gonzales) initiated the first international legal action against the United States for violating the human rights of a domestic violence victim. Ms. Lenahan’s petition to the Inter-American Commission on Human Rights, Jessica Gonzales … Continue reading

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Shocking! Housework is Still Mostly Women’s Work

In another case of empirical data backing up our already-widespread understandings, recently released data reveals that women do far more housework than men.  The report is here. This Bureau of Labor Statistics report shows that 2003 to 2007, women spent … Continue reading

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Time Allocation, “Work,” and “Household Activities”

Here‘s this really interesting interactive graph from the NY Times, which purports to show how different demographics spend their time. What’s interesting for feminists is the extent to which women spend less time on “work” and more time on “household … Continue reading

Posted in Employment Discrimination, Feminism and Families | 2 Comments

Abrams and Brooks on “Marriage as Message”

Feminist Law Prof Kerry Abrams (UVa) and her co-author Peter Brooks  (Yale, Comp. Lit.) have posted to SSRN their article, “Marriage as a Message: Same-Sex Couples and the Rhetoric of Accidental Procreation.”   Here is the abstract: In his dissent … Continue reading

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