Wednesday, September 3, 2014

Same-Sex Marriage Ban upheld in Louisiana

From ABC News:

A federal judge upheld Louisiana's ban on same-sex marriages on Wednesday, a rare loss for gay marriage supporters who had won more than 20 consecutive rulings overturning bans in other states.

Read more here.

MR

September 3, 2014 | Permalink | Comments (0) | TrackBack (0)

"Help Families From Day 1"

From  Clare Huntington (Fordham Law School), writing for the New York Times,

THE opening of Mayor Bill de Blasio’s universal pre-kindergarten program this week will give 53,000 children access to free, full-day pre-K in New York City, compared with 20,000 enrolled last year. This is well worth celebrating, and other cities and states should follow suit. But this investment in school preparation is not enough. If we want to close the income-based achievement gap, we need to begin much earlier.

Families are the ultimate pre-pre-school. Research in neuroscience and other fields has established that parents and caregivers provide a crucial foundation during the first few years of life. Our public policies, however, make it much harder for families, especially families living in poverty, to lay this foundation.

In my research, I have cataloged government policies that undermine parent-child relationships during early childhood. Our legal system, for example, destabilizes low-income, unmarried families, distracting them from parenting. Forty-one percent of children are born to unmarried parents. These parents are usually romantically involved when the child is born, but these relationships often end. Rather than help these ex-partners make the transition into co-parenting relationships, the legal system exacerbates acrimony between them. States impose child support orders that many low-income fathers are unable to pay, creating tremendous resentment for both parents. And courts are not a realistic resource for many unmarried parents, leaving them to work out problems on their own.

Read more here.

MR

 

September 3, 2014 | Permalink | Comments (0) | TrackBack (0)

Tuesday, September 2, 2014

Family Law Hiring Announcement

CALIFORNIA WESTERN SCHOOL OF LAW in San Diego invites applications for an entry-level, tenure-track faculty position to begin in the fall of 2015. Our curricular needs are in Family Law, Business Law, and Clinical Teaching. We are particularly, though not exclusively, interested in candidates who are interested in teaching in our Clinical Internship Program, as well as in one of the above-mentioned subject areas. Candidates who would contribute to the diversity of our faculty are strongly encouraged to apply. Interested candidates should email their materials to Professor Scott Ehrlich, Chair of the Faculty Appointments Committee, at sbe@cwsl.edu. California Western is San Diego’s oldest law school. We are an independent, ABA-approved, not-for-profit law school committed to producing practice-ready lawyers. California Western is an equal opportunity employer.

September 2, 2014 | Permalink | Comments (0) | TrackBack (0)

Monday, September 1, 2014

Happy Labor Day!

September 1, 2014 | Permalink | Comments (0) | TrackBack (0)

Thursday, August 28, 2014

Call for Papers

Download Call for Papers here (Friday, September 19th Deadline) for the Feminist Legal Theory Collaborative Research Network at the Law and Society Association Annual Meeting.

MR

August 28, 2014 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

The Family Law Scholars and Teachers Conference

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, the Family Law Scholars and Teachers Conference, has been known in the past as the Emerging Family Law Scholars and Teachers Conference (EFLS). That group held an annual conference for the past eight years, but until now has been limited to junior scholars. This year we are opening the conference to scholars at all levels of seniority, and are hoping that many of you can join us.

            The conference will take place on Monday, June 22, 2015, in Orlando, Florida—the day of the AALS workshop’s opening reception. Since our conference will be held earlier that day, these two events will not conflict. We will be hosted for the day by Florida A&M University College of Law, which is just a few minutes’ drive from the Doubletree Hotel that hosts the AALS workshop.

            For those of you who are not familiar with the EFLS conference, the main purpose of the meeting is to allow family law scholars to receive detailed, constructive feedback on their work in a supportive, collegial environment. In addition, the meeting is a forum to meet others in the field and talk about teaching, service, developments in the law, and other relevant themes raised by participants. Scholars present their work—either in its very initial form (an incubator session) or in its more developed form (a work-in-progress session)—in intimate groups. We have a very strong norm that participants carefully read drafts of the papers in advance of the sessions, and there are no formal presentations. Many of us feel that this has been a very meaningful conference that significantly contributed to our development as scholars and teachers.

            Although we have decided to open up the conference to scholars at all levels, we are still committed to preserving the conference’s intimate and supportive character. Therefore, we can accommodate only 45 participants, selected on a first-come-first-served basis. Additionally, although we will try to fulfill all requests for an incubator or work-in-progress session, if space is limited, we will give some preference to junior scholars. As always, there is no registration fee, and people only need to pay for their meals and accommodation. The Doubletree Hotel will give the discounted rate for rooms a couple of days prior to the conference.

            We will open up the registration and submission, via TWEN, in February 2015. For now, if you would like to receive announcements about the conference, please sign in on our TWEN page. To do that, go to “Add Courses” and select “Family Law Scholars and Teachers 2015 Conference.” If you have already selected the course in 2014, we will migrate your e-mail automatically and you do not need to register again. You should expect to receive an e-mail with further information about submissions and registration in February 2015.

            If you have any questions or comments, feel free to contact co-chairs Erez Aloni (ealoni@law.whittier.edu) or Jessica Dixon Weaver (jdweaver@smu.edu).

Best wishes,

FLST Planning Committee

 

Erez Aloni

Anibal Rosario Lebron

Dara Purvis

Sarah Swan

Bela Walker

Jessica Dixon Weaver

August 28, 2014 | Permalink | Comments (0) | TrackBack (0)

Tuesday, August 5, 2014

Girls Don't Cause Divorce

From Slate:

For years, researchers have observed a correlation between U.S. couples with daughters and their likelihood of divorce, which tends to be somewhat higher than for couples with sons. In both academic circles and in popular culture, this trend wasn’t simply considered a positive association, but a clear causal relationship: a notable portion of research held that daughters were actually the ones causing divorces, because fathers prefer boys and only want to stay married to women who give birth to them. But thanks to a new study on the roots of relationship conflict, this belief — which now seems not only reductive, but also blatantly sexist — might start to recede from view.

According to a study published in the journal Demography on Wednesday, the association between divorce rates and daughters might actually have less to do with what happens in a female child’s lifetime and more to do with what happens before birth. Researchers Amar Hamoudi and Jenna Nobles posit that because female embryos tend to be hardier than male embryos, daughters are more likely to come of relationships that are already in some sort of turmoil during pregnancy. Sons, on the contrary, would be less likely to be born into such relationships, because male embryos do not have the same robustness as their female counterparts.

Read more here.

MR

August 5, 2014 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Monday, August 4, 2014

Pot & Child Custody

From DelawareOnline:

DENVER – A Colorado man loses custody of his children after getting a medical marijuana card. The daughter of a Michigan couple growing legal medicinal pot is taken by child protection authorities after an ex-husband says their plants endangered kids.

And police officers in New Jersey visit a home after a 9-year-old mentions his mother’s hemp advocacy at school.

While the cases eventually were decided in favor of the parents, the incidents underscore a growing dilemma: While a pot plant in the basement may not bring criminal charges in many states, the same plant can become evidence in child custody or abuse cases.

Read more here.

MR

August 4, 2014 | Permalink | Comments (2) | TrackBack (0)

Saturday, August 2, 2014

Fernández & Wong: "Free to Leave? A Welfare Analysis of Divorce Regimes"

Raquel Fernández & Joyce Cheng Wong have a new paper entitled "Free to Leave? A Welfare Analysis of Divorce Regimes."  Here is the abstract:

During the 1970s the US underwent an important change in its divorce laws, switching from mutual consent to a unilateral divorce regime. Who benefitted and who lost from this change? To answer this question we develop a dynamic life-cycle model in which agents make consumption, saving, labor force participation (LFP), and marriage and divorce decisions subject to several shocks and given a particular divorce regime. We calibrate the model using statistics relevant to the life-cycle of the 1940 cohort. Conditioning solely on gender, our ex ante welfare analysis finds that women would fare better under mutual consent whereas men would prefer a unilateral system. Once we condition not only on gender but also on initial productivity, we find that men in the top three quintiles of the initial productivity distribution are made better off by a unilateral system as are the top two quintiles of women; the rest prefer mutual consent. We also find that although the change in divorce regime had only a small effect on the LFP of married women in the 1940 cohort, these effects would be considerably larger for a cohort who lived its entire life under a unilateral divorce system.

MR

August 2, 2014 | Permalink | Comments (0) | TrackBack (0)

Friday, August 1, 2014

Marital Home

From JDSupra Business Advisor:

We know how difficult it is to remain under the same roof with your spouse during a divorce.  Generally, during an initial consultation, clients always ask us what is the quickest way to remove his/her spouse from the marital residence. Unfortunately, since generally neither party has a superior right to the home, the answer is that neither party can remove the other from the house.  We know that this answer is often frustrating to hear.

Read more here.

MR

August 1, 2014 | Permalink | Comments (0) | TrackBack (0)

Thursday, July 31, 2014

Parental Autonomy

From the Atlantic:

In South Carolina, a 46-year-old black woman has been arrested for letting her daughter play in a nearby park while trying to earn a living. "The mother, Debra Harrell, has been booked for unlawful conduct towards a child," a local TV station reports. "The incident report goes into great detail, even saying the mother confessed to leaving her nine-year-old daughter at a park while she went to work."

Read more here.

MR

July 31, 2014 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 30, 2014

Biggest Divorce Case in London

From Bloomberg:

When Jamie Cooper-Hohn, the wife of the billionaire founder of The Children’s Investment Fund Management UK LLP, met Christopher Hohn at a dinner party while they were at Harvard University in the early 1990s, she asked what he wanted to do with his life.

“He said he wanted to make a lot of money,” she testified in their divorce case in London earlier this month. “I told him I wouldn’t date him if all he wanted to do was make money.”

Hohn convinced her that he wanted to “make the world a better place,” and the couple spent the following two decades building one of the world’s largest charitable foundations, fueled by his hedge fund. Now they’re fighting over how to divide $1.3 billion in marital assets.

Read more here.

MR

July 30, 2014 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 29, 2014

Review of Carbone and Cahn's "Marriage Markets"

From the New York Times:

Two professors of family law, June Carbone and Naomi Cahn, have written a crisp and cogent account — rich with detail and utterly free of legalese — of America’s failure to invest in its children.

Their book, “Marriage Markets,” asserts that this failure lies not only in public policy but also in the private lives of Americans. Marriage, the time-honored way of fostering the interests of children, no longer works for many Americans. In an economy ruptured by increasing inequality, millions of men and women are deciding that marriage imposes obligations that they cannot meet. Nearly half of all marriages fail; more than 40 percent of American children are born to single mothers.

This is not a romantic book. Professor Carbone, who teaches at the University of Minnesota, and Professor Cahn, of George Washington University, describe picking a marriage partner as a high-stakes negotiation to find the most promising person, both emotionally and financially, for a lifelong commitment. It is a contract that comes with rights and responsibilities defined and enforced by law.

Read more here.

MR

July 29, 2014 in Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)

Monday, July 28, 2014

Wedding Spending

From Quartz:

Now that June—currently the most popular month for weddings in the US—is over, we took a breath from attending matrimony-related rehearsal dinners, cocktail hours, ceremonies, receptions, and brunches to nurse our collective hangover and compare the fiscal damage of an American wedding today with a Depression-era celebration 80 years ago.

What we found is that the US has loved to spend a lot on wedding celebrations for the better part of a century (which may be why Steve Martin’s opening monologue in the highly enjoyable 1991 film Father of the Bride was nearly identical to Spencer Tracy's 1950 version—and still rang true).

Read more here.

MR

Hat Tip: SH

July 28, 2014 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Sunday, July 27, 2014

Graduating in Wedding Dresses

From the Wall Street Journal:

BEIJING—On an overcast June day, 20 women in white gowns stood in a row on a grassy field. They had spent the morning fussing with one another's hair and makeup, and now, for the big moment, smiled into the camera.

But this was a graduation celebration, not a wedding.

Here in China, college women are spurning caps and gowns and choosing to commemorate their graduations in white tulle, instead.

"Who doesn't like wedding dresses?" said Liu Xiangping, who was among those posing for graduation shots that day, along with nearly two dozen fellow classmates clad in white. (Their four male classmates wore suits.)

Read more here.

MR

July 27, 2014 | Permalink | Comments (0) | TrackBack (0)

Saturday, July 26, 2014

Price of Weddings

From Bloomberg:

Nearly 300,000 U.S. couples will get married this month. With a $30,000 average tab, the highest since theKnot.com began its annual wedding survey in 2007, that’s north of $8 billion spent in June alone. If everyone projected to get married in 2014 splurged like that, the 2 million or so events would cost $63 billion.

Honeymoon not included.

Read more here.

MR

July 26, 2014 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Friday, July 25, 2014

7th Circuit Opinion on Wedding Officiants

A recent 7th Circuit decision held that certified secular humanist celebrants must be allowed to solemnize marriages in Indiana.

Download the Opinion here.

MR

Hat Tip: GW

July 25, 2014 | Permalink | Comments (0) | TrackBack (0)

Thursday, July 24, 2014

No Divorce

The new queen of Spain cannot divorce her husband.  Read more here.

MR

July 24, 2014 | Permalink | Comments (1) | TrackBack (0)

Wednesday, July 23, 2014

Pre-Engagement Ring Hand Procedures

From the New York Times:

It was the stuff of Marie Valencis’ dreams: a 3.9-carat, princess-cut, platinum engagement ring with a diamond band — which her fiancé picked out by himself. But after the initial elation wore off, a seemingly more practical matter popped into her head: What about the selfies she would invariably post on Facebook, Instagram and elsewhere?

Never mind that she was a sprightly 30 years old. Despite the bauble shimmering on her finger, her hand looked scaly, she said, with a few sunspots dotting it. “When I saw a picture, I thought, ‘Oh, it doesn’t look very smooth, plump and youthful,’ ” said Ms. Valencis, a baker in Farmington, Conn. “I wanted a hand makeover.”

In the time that has passed since the Styles section last reported on hand-lift procedures (March 15, 2012), doctors are saying that they are seeing more newly engaged women come in specifically with the selfie in mind.

Read more here.

MR

July 23, 2014 | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 22, 2014

Hasday's "Family Law Reimagined"

From Jill Elaine Hasday (University of Minnesota), writing for Slate:

Too often, the law permits sibling relationships to be severed by an adoption or a parent’s divorce or death. Sometimes, siblings are left with no way to stay in touch with each other. When siblings placed in different households have had the chance to write or speak publicly about their experiences, they have emphasized the pain, sadness, and complete shock that separation can inflict.

The tie between siblings is often the longest lasting relationship that a person ever experiences. Social science research makes clear that strong bonds between brothers and sisters can develop very early in childhood. Many children spend more time with their siblings than with anyone else, and siblings who grow up together accumulate a store of shared memories that can shape each sibling for life. Children with absent, dysfunctional, or warring parents often forge especially intense bonds with each other that provide solace, nurturing, and secure emotional attachments.

But as I discuss in my new book, Family Law Reimagined, the legal system has long acted as if marriage and parenthood are the only two family relationships that matter. In recent years, the law has expanded its focus slightly by directing more attention toward unmarried couples. Yet courts and legislatures still do remarkably little to protect sibling ties.

Read more here.

MR

July 22, 2014 in Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)