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Category Archives: Feminism and Families
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
Posted in Feminism and Families, Women and Economics
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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
Posted in Feminism and Families, Feminist Legal Scholarship, LGBT Rights
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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
Posted in Feminism and Families, Feminism and Law, It's satire, in case that requires pointing out, LGBT Rights
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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
“Wilder Women”
That’s the title of this interesting New Yorker article about Laura Ingalls Wilder and her daughter Rose. Via.
Posted in Feminism and Culture, Feminism and Families
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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
Posted in Acts of Violence, Feminism and Families, Feminism and Law, Feminist Legal Scholarship
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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
Posted in Feminism and Families
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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
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
Posted in Feminism and Families, Feminist Legal Scholarship, LGBT Rights, Sociolinguistics
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Who”Owns”the Marriage Equality Issue?
The last several weeks have been busy ones in the battle for marriage equality. The governors of Maine and New Hampshire signed laws that allowed same sex couples to marry. California’s Supreme Court upheld the constitutionality of Proposition 8, and … Continue reading
Posted in Courts and the Judiciary, Feminism and Families, Feminism and Politics
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The Shifting Meaning of Marriage
In these times of national debate over the meaning of marriage, it’s important to remember how much feminists have achieved in shifting the meaning of marriage. In a send-up of a Christian fundamentalist, Betty Bowers explains what a traditional … Continue reading
Posted in Coerced Sex, Feminism and Families, LGBT Rights
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Marriage in California After Strauss v. Horton
The California Supreme Court took the next step today in the ongoing battle over marriage rights for same sex couples, ruling 6-1 that the people of California had properly amended their constitution last November with Proposition 8, thereby limiting marriage … Continue reading
Posted in Feminism and Families, LGBT Rights
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“The report said that the level of emotional abuse of disadvantaged, neglected and abandoned children by religious and lay staff was “disturbing” and that the Catholic Church was aware long-term sex offenders were repeatedly abusing children.”
So says this article which provides an overview of a Irish Commission into Child Abuse report: The report, that runs to thousands of pages, outlined a harrowing account of the emotional, physical and sexual abuse inflicted on young people who … Continue reading
Link Between Natal Health and Marital Status?
Earlier this week, the CDC released this report on “Changing Patterns of Nonmarital Childbearing in the United States.” The report identifies its key findings as: Childbearing by unmarried women has resumed a steep climb since 2002. Births to unmarried women … Continue reading
Posted in Feminism and Families, Women's Health
1 Comment
Schroer v. Billington Update
Nan Hunter blogged about this case here, writing: The Schroer court held that just as discrimination against converts from one to faith to another is still discrimination based on religion, so too discrimination against transgender persons is still sex discrimination. … Continue reading
Posted in Feminism and Families, Feminism and Politics, Feminism and the Workplace
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Gendered Parenthood On Mother’s Day
[I originally posted this on my own blog, Related Topics, yesterday--when it really was Mother's Day. On reflection, I wanted to post it here as well. So it's a bit late, but here it is.] It’s Mother’s … Continue reading
Posted in Academia, Feminism and Families, Feminism and Law
3 Comments
Ladies and Gentlemen of the Jury: The Role of the “Child Care Exception” in the Development of the Right of Women to Serve as Jurors
In its recent opinion in State v. Schmeiderer, 2009 WL 961787 (Tenn.Crim.App. 2009), the Court of Criminal Appeals of Tennessee rejected a convicted murder’s appeal, in which he had claimed, inter alia, that “the trial court systematically excluded women from … Continue reading
Sarah B. Lawsky and Naomi Cahn, “Embryo Exchanges and Adoption Tax Credits”
Abstract: The”Option of Adoption Act,”a Georgia bill introduced by a staunchly anti-abortion Georgia state representative, establishes procedures for genetic donors to relinquish their rights to embryos before birth and permits, but does not require, embryo recipients to petition a court … Continue reading
Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, Reproductive Rights
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Linda C. McClain, “Red Versus Blue (and Purple) States and the Same-Sex Marriage Debate: From Values Polarization to Common Ground?”
The abstract: What is the role of courts in circumstances of “values polarization”? The framing of this question brings to mind, but differs from, some familiar inquiries about the judicial role in circumstances of conscientious moral disagreement or value pluralism … Continue reading
Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, LGBT Rights
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Lambda Legal assists children of disabled parents but the cases illustrate the risk of parentage orders.
Nancy Polikoff writes at Bilerico: Lambda Legal announced this week that the Social Security Administration has agreed to grant child benefits to the two children of a father receiving social security disability benefits. The issue concerned recognition of the parent-child … Continue reading
Posted in Feminism and Families, Feminism and Law, LGBT Rights
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Murray on “Marriage Rights and Parental Rights: Parents, the State, and Proposition 8″
Feminist Law Prof Melissa Murray (Berkeley) has posted to SSRN her article, “Marriage Rights and Parental Rights: Parents, the State, and Proposition 8.” Here is the abstract: On November 4, 2008, 52% of Californians voted for Proposition 8, a ballot … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship
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Genetic Mother May Adopt Child Birthed by Life Partner
Manhattan Surrogate Court Judge Kristin Booth Glen has issued a decision (here) in the case of In re Sebastian. Surrogate Glen approved the issuance of a certificate of adoption to the genetic mother of a child gestated and delivered by … Continue reading
Posted in Feminism and Families, LGBT Rights, Reproductive Rights
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Elizabeth Bartholet Critiques Save the Children
Harvard Law Professor Elizabeth Bartholet has spoken against the decision of a court in Malawi denying Madonna’s request to adopt a child there: Spokesman for Save the Children, UK, Dominic Nutt, says that Mercy and other children in her position … Continue reading
Posted in Feminism and Families, Sisters In Other Nations
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The Countess and the Mogul: Bad Divorce Law
Reform of divorce laws in light of the ways in which many women end up much worse off than their ex-husbands after divorce remains a huge problem for those of us concerned about Gender Justice. But consider the current divorce … Continue reading
Posted in Feminism and Families, Feminism and Law, Women and Economics
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Judicial Flubber?: First Circuit Seemingly Repudiates Supreme Court Sex-Stereotyping Precedent In Sex Discrimination Appeal
When the Supreme Court replaced the relatively simple Frye test with the relatively complicated Daubert test for determining the admissibility of expert opinion testimony, many critics (correctly) groused that science-starved judges would not be able to rise to the task … Continue reading
Financial Scandals Hit the Surrogacy Market
Slate has more details here about funds missing from trust accounts that a California surrogacy agency recommended its clients establish to facilitate payments to surrogates. The Slate article, entitled “Fetal Foreclosure,” asks in its subtitle, “If You Stop Paying a … Continue reading
Octomom: Social Factoring the Numbers (Or, LCD meets OCD)
In recent weeks the airwaves have sizzled with stories about Nadya Suleman, the California woman who gave birth to octuplets conceived via assisted reproductive technology. In doing so, Suleman breached numerous mainstream social norms of motherhood. First and foremost, in … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship, Race and Racism, Reproductive Rights
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Hoarding Babies, Hoarding Animals
I previously blogged (here) about my essay, co-authored with Lolita Buckner Inniss, Multiple Anxieties: Breaching Race, Class and Gender Norms With Assisted Reproduction. Multiple Anxieties is about is about misplaced attention on women’s bodies. Focusing on Nadya Suleman, the … Continue reading
Murray on “Criminal Law, Family Law, and the Legal Construction of Intimate Life”
Feminist Law Prof Melissa Murray (Berkeley) has posted to SSRN her article, “Strange Bedfellows: Criminal Law, Family Law, and the Legal Construction of Intimate Life” (forthcoming, Iowa L. Rev.). Here is the abstract: This Article focuses on the relationship … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship
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What’s with all the new movies in which the woman has to fix herself so that she may be loved by a man?
That’s what Emma Rosenblum asks here in NY Magazine, writing in part: … Since Sex and the City, a woman has become the central protagonist in a genre that used to have two (so instead of Spencer Tracy and Katharine … Continue reading
Posted in Feminism and Families, Sexism in the Media, The Overrepresentation of Women
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Multiple Anxieties: Breaching Race, Class & Gender Norms With Assisted Reproduction
Lolita Buckner Inniss (Cleveland-Marshall, Ain’t I a Feminist Legal Scholar, Too?, Visiting Prof at Pace Law School) and I have posted to SSRN our working paper, Multiple Anxieties: Breaching Race, Class and Gender Norms With Assisted Reproduction. Here is the … Continue reading
CFP: Being a Mother Academic
From the FLP mailbox, this call for contributions to an edited volume: Demeter Press is seeking submissions for an edited anthology, edited by Andrea O’Reilly and Lynn O’Brien Hallstein, to be published in 2011. The idea for the collection … Continue reading
Posted in Academia, Feminism and Families
1 Comment
Exemption from Service – Mothers in the Military and Fathers at Home
The New York Times reports today about Lisa Pagan, a member of the U.S. Army Individual Ready Reserves, who brought her two small children (ages 3 and 4) with her when she had been reactivated for service and reported for … Continue reading
Posted in Feminism and Families, Feminism and the Workplace
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National Network to End Domestic Violence Praises Landmark Supreme Court Decision
From the FLP mailbox, a press release from the National Network to End Domestic Violence, exerpted here: Advocates against domestic violence today applauded the U.S. Supreme Court’s 7-2 decision to uphold the federal Lautenberg Amendment that bans convicted domestic violence … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Feminism and Families, Feminism and Law
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June 26, 2009 Family Law Conference: A Family Law Education Conference With Topics to Enliven Your Teaching
William Mitchell College of Law has issued a call for papers and presenters for its upcoming workship, “Family Law Conference: A Family Law Education Conference With Topics to Enliven Your Teaching.” Share your teaching theories, ideas and experiments! Selected papers … Continue reading
Posted in Feminism and Families, Law Teaching
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“Confronting Domestic Violence: The Role of Power in Domestic Relationships” Feb. 27th 2009 at Thomas Jefferson School of Law in San Diego
Ruth Bader Ginsburg Lecturer and Keynote Speaker Cheryl Hanna Professor, Vermont Law School Co-author, Domestic Violence and the law: Policy and Practice “Behind the Castle Walls: Is the Right to Privacy Creating a Safe Harbor for Abusers?” This conference is … Continue reading
Posted in Feminism and Families, Feminism and Law, Upcoming Conferences
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An Afterthought: The Chaste Single Mother
(Cross posted from Related Topics) This ties back to yesterday’s post. Last night I had another thought about what makes the single mothers in the NYT magazine article special and, more specifically, what shields them from the usual … Continue reading
Posted in Feminism and Families, Feminism and Law
1 Comment
Who is allowed to have children, anyway?
(Cross posted from Related Topics) These thoughts are generated by a confluence of things I’ve been reading/writing about. Put them all together and I’m troubled. –If you look back. you’ll see a recent post here about the movement … Continue reading
Posted in Feminism and Families, LGBT Rights
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Anna Quindlen, “The End of Swagger”
Here are the first two paragraphs of Quindlen’s recent Newsweek column: As Barack Obama and Hillary Rodham Clinton begin to use their uncommon authority and intelligence to implement a new American international agenda, it might behoove them to read a … Continue reading
Posted in Feminism and Families, Feminism and Politics, Sisters In Other Nations
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Benson on”Failure to Arrest: A Pilot Study of Police Response to Domestic Violence in Rural Illinois”
Sara Benson (Illinois) has posted to SSRN her working paper entitled”Failure to Arrest: A Pilot Study of Police Response to Domestic Violence in Rural Illinois.” It is a qualitative research study conducted in rural Illinois regarding police … Continue reading
Posted in Acts of Violence, Feminism and Families, Feminism and Law
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Pamela Foohey, “Child Support and (In)Ability to Pay: The Case for the Cost Shares Model”
Forthcoming in the Journal of Juvenile Law & Policy, Vol. 13, No. 1, 2009 The Abstract: Currently enacted child support guidelines primarily focus on maintaining children’s economic well-being when a single household is split into two. This article argues that … Continue reading
Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship
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GENDER, PARENTING, AND THE LAW: A Symposium Saturday, February 7, 2009 at Stanford Law School
Parenting, Gender, and the Law is a symposium sponsored by the Stanford Journal for Civil Rights and Civil Liberties, with support from the Clayman Institute, Stanford University Feminist Studies Department, Graduate Student Council at Stanford University, and Stanford Law School. … Continue reading
Posted in Feminism and Families, Feminism and Law, Upcoming Conferences
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A Minor Tax Victory for Non-Traditional Families
In a non-precedential decision in Leonard v. Commissioner (T.C. Summary Opinion 2008-141) (full opinion here), the Tax Court permitted a pro se taxpayer to take dependency exemption deductions for the grandchildren of her “friend,” an adult woman with whom the taxpayer had been … Continue reading
Posted in Feminism and Families, LGBT Rights, Women and Economics
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Naomi R. Cahn, “Test Tube Families Why the Fertility Market Needs Legal Regulation”
Fabulous feminist law prof Naomi Cahn, one of the best feminist legal theorists around, has a new book out: Synopsis of publisher NYU Press: The birth of the first test tube baby in 1978 focused attention on the sweeping advances … Continue reading
Posted in Feminism and Families, Feminism and Law, Feminism and Science, Recommended Books, Women's Health
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Kessler on “Getting Class”
Laura Kessler (Utah) has posted to SSRN her working paper “Getting Class.” Here is the abstract: Gender-based economic inequality has been a longstanding concern of feminist legal theory, particularly as it affects middle-class women. Yet much legal feminist literature remains … Continue reading
Posted in Feminism and Families, Feminist Legal Scholarship, Women and Economics
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New coverage of the study which shows that “mothers” earn less than other lawyers.
Lawyers Weekly reports: “In a study of over 700 graduates of the University of Michigan Law School who graduated between 1970 and 1996 my statistical tests indicated that fathers earn 15 to 20 percent more than lawyers without children (a … Continue reading
Posted in Feminism and Families, Legal Profession
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Women and Girls As Property
The source is the Daily Mail, a newspaper of somewhat dubious reliability, and I can’t find similar accounts anywhere else, but fwiw (ETA: Guardian article here): Saudi court tells girl aged EIGHT she cannot divorce husband who is 50 years … Continue reading
Posted in Coerced Sex, Feminism and Culture, Feminism and Families, Feminism and Law, Feminism and Religion, Sisters In Other Nations
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Globalization of Surrogacy Markets – US and India
Nazneen Mehta is a second-year law student at Columbia Law School and is writing a Note on the international market in surrogacy services – particularly between relatively affluent “intended parents” in the US and poor female surrogates in India. Her … Continue reading
Posted in Feminism and Families, Feminism and the Workplace, Feminist Legal Scholarship, Reproductive Rights, Women's Health
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