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Category Archives: Feminism and Families
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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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
Posted in Feminism and Culture, Feminism and Families, Feminist Legal Scholarship, Race and Racism, Reproductive Rights, The Overrepresentation of Women, Women and Economics, Women's Health
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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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