Wednesday, September 12, 2012

Symposium at Iowa

The Journal of Gender, Race & Justice is holding its annual symposium on March 7-8, 2012. Titled Modern Families: Changing Families, Challenging Laws, the symposium focuses on three specific areas within family law: families of racial minorities, LGBT families, and family interactions with the criminal justice system. The Journal would like to invite legal authors of all perspectives to submit proposals for articles for the symposium to fill Volume 17 of our publication. Articles or proposal submissions, along with a curriculum vitae, should be sent to Iain Johnson at iain-johnson@uiowa.edu. The submission deadline is October 30, 2012.

Download Call For Papers.

MR

September 12, 2012 in Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)

Thursday, August 30, 2012

Partain: "Comparative Family Law, Korean Family Law, and the Missing Definitions of Family"

Roy Andrew Partain (Soongsil College of Law) has posted Comparative Family Law, Korean Family Law, and the Missing Definitions of Family,13 HongIk University Journal of Law (June 2012) on SSRN.  Here is the abstract:

This article uses comparative law to analyze the concept of ‘family’. In particular, the research focuses on how family is defined when a family group assembles outside of a nuclear marital family. The article discovers that ‘family’ is rarely defined outside of the concept of marriage in modern legal codes. However, eight characteristics and identifying behaviors of families can be found in the analysis of family law. These eight concepts are used to rebuild a potential definition of family that does not require the act of marriage. 

This article proposes that family law should include a parallel definition for families that do not meet current marital definitions of family. This article does not advocate changing current marriage codes; it merely suggests adding room for non-nuclear families in family law. These other, non-nuclear families deserve legal support and recognition. It is time for family law to recognize that all families need legal protection and legal affirmation as families. 

The reason to focus on family outside of the concept of marriage is that many family-type groups today fulfill the role of family life without legal recognition. These families serve broader societal goals of raising children, of providing for the elderly, and of sharing the burdens and responsibilities of life in a small group setting. Family law should extend the legal notion of family to include a wider array of options for non-nuclear families.

These types of families are all ‘normal’ families in some sense of the idea of family, but they may simply lack two central ingredients: marriage and a nuclear spousal pair.  These types of families should have as much legal right to formally exist as families based in nuclear marriage and sexually-based procreation. Specifically, there should be a legal entity called a “family” that serves a small group of individuals living in some form of interdependency under a common roof. The basic argument is to provide a parallel option for these types of alternative families alongside the traditional marriage-based family option.

MR

August 30, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Monday, August 27, 2012

Pearson: "Displaced Mothers, Absent and Unnatural Fathers: LGBT Transracial Adoption"

Kim H. Pearson (Gonzaga University - School of Law) has posted Displaced Mothers, Absent and Unnatural Fathers: LGBT Transracial Adoption, 19 Michigan Journal of Gender & Law 149 (2012).  Here is the abstract:

This paper interrogates race contestation and sexual orientation transmission fears, showing that race and sexual orientation appear to have developed in a parallel fashion in court decisions and advocacy rhetoric. At the point of intersection in LGBT transracial adoption, race and orientation appear to be in competition, as though Black and gay cannot co-exist. Historically, courts have devalued racial identity transmission from parents of color and expressed fear of LGBT child outcomes. Over time, courts have moved towards seemingly neutral standards; however, these standards cover homophobia and racism. 

Media and advocacy discourse pitting Black against gay has appeared in the context of Proposition 8 and Don’t Ask, Don’t Tell. LGBT transracial adoption appears to be another iteration of Black versus gay competition for the right to parent children of color. The staging of Black versus gay discourse in the context of transracial LGBT adoption reinforces stereotypes that gay fathers are male, white, and privileged, that Black fathers are absent, hyper-masculine and heterosexual, and that Black children are unwanted, damaged and dangerous. Reliance on these pernicious stereotypes creates structural costs such as obscuring the existence of LGBT families of color, concealing the history of lesbian mothering, displacing Black women as mothers, characterizing Black boys as damaged and dangerous, fixing gay men as parents of last resort, failing to acknowledge the social forces that remove Black men from the home, preventing coalition building between various groups with similar interests, and limiting the resources available to LGBT transracial families.

Read more here.

MR

 

August 27, 2012 in Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)

Monday, August 20, 2012

Cohen & Chen: "Trading-Off Reproductive Technology and Adoption: A Response to Appleton and Pollak"

I. Glenn Cohen (Harvard Law) &  Daniel L. Chen (Duke Law) have recently posted their article "Trading-Off Reproductive Technology and Adoption: A Response to Appleton and Pollak," Minnesota Law Review on SSRN.  Here is the abstract:

As part of the Minnesota Law Review's Headnote online forum, we respond in this paper to Profs Susan Frelich Appleton & Robert A. Pollak, Exploring the Connections Between Adoption and IVF: Twibling Analyses, 95 MINN. L. REV. HEADNOTES 60, 66–69 (2011), which is itself a response to our article, Trading-Off Reproductive Technology and Adoption: Does Subsidizing IVF Decrease Adoption Rates and Should It Matter?, 95 MINN. L. REV. 485 (2010), http://ssrn.com/abstract=1664501. 

We view Professors Appleton and Professor Pollak’s response to our article as both complimentary and complementary. First, they are extremely generous with their praise for our project, which is particularly gratifying given how important their own work has been in the field. Second, and perhaps more importantly, they suggest a number of new tangents and ideas prompted by our project. We first summarize those contributions and how we think they fit with our article. We then very briefly discuss a few instances where we might characterize what we have said differently than they do.

MR

August 20, 2012 in Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)

Monday, August 6, 2012

CALL FOR PAPERS: "APPLIED FEMINISM AND FAMILIES"

The University of Baltimore School of Law’s Center on Applied Feminism seeks submissions for its Sixth Annual Feminist Legal Theory Conference. This year’s theme is “Applied Feminism and Families.” The conference will be held on March 7 and 8, 2013. For more information about the conference, please visit law.ubalt.edu/caf.

This conference seeks to explore how feminist legal theory affects families in the United States and abroad. We are interested in including both family law experts and experts who consider issues facing families from other legal perspectives. Papers might explore the following questions: What have been the accomplishments or shortcomings of feminist legal theory for families? How might feminist legal theory respond to the challenges facing families? What sort of support should society and law provide to families? Does feminist legal theory support state interventions into family life? In what circumstances? How do law and feminist legal theory conceptualize the roles of family members, including mothers, fathers, caretakers, children, and others? How does feminist legal theory help us understand changes in the institution of marriage and family structure? How do the needs of families vary across cultural, economic, religious, and other differences? Are theories of essentialism and intersectionality necessary or helpful in shaping laws that impact families? In what areas outside of family law could or should feminist legal theory be applied to assist families?

This conference will attempt to address these and other questions from the perspectives of activists, practitioners, and academics. The conference will provide an opportunity for participants and audience members to exchange ideas about the current state of feminist legal theories. We hope to deepen our understandings of how feminist legal theory relates to families and to move new insights into practice. In addition, the conference is designed to provide presenters with the opportunity to gain feedback on their papers.

The conference will begin the afternoon of Thursday, March 7, 2013, with a workshop for conference participants. This workshop will continue the annual tradition of involving all attendees as participants in an interactive discussion and reflection. On Friday March 8, 2013, the conference will continue with a day of presentations by legal academics, practitioners and activists regarding current scholarship and/or legal work that explores the application of feminist legal theory to issues involving families. The conference will be open to the public and will feature a keynote speaker. Past keynote speakers have included Nobel Laureate Toni Morrison, Dr. Maya Angelou, Gloria Steinem, Pulitzer Prize winning journalist Sheryl WuDunn, and Senator Barbara Mikulski.

To submit a paper proposal, please submit an abstract by 5 p.m. on October 26, 2012, to Professor Michele Gilman at mgilman@ubalt.edu. In the subject or "re" line of your submission, you must type: CAF conference submission. It is essential that your abstract contain your full contact information, including an email, phone number, and mailing address where you can be reached. Abstracts should be no longer than one page. Practitioners’ and activists’ papers need not follow a strictly academic format, but all paper proposals should address the conference theme. We will notify presenters of selected papers in mid-November. We anticipate being able to have twelve paper presenters during the conference on Friday, March 8, 2013. All working drafts of papers will be due no later than February, 15, 2013. All abstracts and drafts will be posted on the Center on Applied Feminism’s conference website to be shared with other participants and attendees.

In addition, the University of Baltimore Law Review has agreed to offer publication to a few of the selected papers presented at the conference for an issue dedicated to the conference proceedings. If you are interested in submitting your abstract for consideration by the UB Law Review, please indicate as such on your abstract submission. To be eligible for publication in the UB Law Review, submissions must not be published elsewhere. Typically, the UB Law Review publishes pieces ranging from 25 to 45 pages in length, using 12 point times new roman font and one inch margins. One volume of the Law Review is dedicated to papers from this annual symposium.

We look forward to your submissions. If you have further questions, please contact Prof. Michele Gilman at mgilman@ubalt.edu.

August 6, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Sunday, August 5, 2012

THE FUTURE OF CHILD AND FAMILY LAW: INTERNATIONAL PREDICTIONS (editor Elaine E. Sutherland)

This volume, edited by Elaine E. Sutherland, was published by Cambridge University Press on August 2, 2012. In it, experts examine child and family law in thirteen countries – Australia, Canada, China, India, Israel, Malaysia, The Netherlands, New Zealand, Norway, Russia, Scotland, South Africa and the United States. Each chapter identifies the imperatives and influences that have prevailed to date and offers informed predictions of how it will develop in the years to come. A common chapter structure facilitates comparison of the jurisdictions and in the introduction the editor highlights common trends and salient differences. The Future of Child and Family Law therefore provides practitioners, academics and policy-makers with access not just to an overview of child and family law in a range of countries around the world, but also to insights into what has shaped it and options for reform.

The volume is published in honor of Professor Eric M. Clive, a founder member of the International Society on Family Law, who will be known to many readers of this blog. As a leading academic in the field and Scotland’s longest serving law commissioner, he has been responsible for many of the developments in family law in Scotland over recent decades, but his contribution reaches far beyond a single jurisdiction, not least through his work with the Hague Conference on Private International Law – and, indeed, far beyond familylaw. Eric is currently a visiting professor at the School of Law, University of Edinburgh, and continues to research and write.  

Elaine E. Sutherland is a Professor at Lewis and Clark Law School, Portland, Oregon, and Professor of Child and Family Law at the School of Law, University of Stirling, Scotland.

For further information, see here.

MR

August 5, 2012 in Scholarship, Family Law | Permalink | Comments (4) | TrackBack (0)

Friday, August 3, 2012

Final Call for Authors: Cultural Sociology of Divorce: An Encyclopedia

We are inviting academic editorial contributors to Cultural Sociology of Divorce: An Encyclopedia, a 3-volume library reference to be published in 2013 by SAGE Publications.  We hope you’ll consider contributing to this exciting project.    

While the formal definition of divorce may be fairly concise and straightforward (the legal termination of a marital union, dissolving the bonds of matrimony between parties), the effects are anything but, particularly when children and other family members are involved. The Americans for Divorce Reform estimates that “probably, 40 or possibly even 50 percent of marriages will end in divorce if current trends continue." And outside the United States, there are markedly increased divorce rates across developed countries—divorce and its effects are a significant social factor in our culture and others. In fact, it might be said that a whole “divorce industry” has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII’s divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland only legalized divorce in the latter quarter of the twentieth century. This multi-disciplinary encyclopedia covers curricular subjects around the world ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion.  Three volumes, including over 500 articles, illuminate what has become a culture of divorce and its impact on society.  

This comprehensive project will be marketed to academic and public libraries as a print and digital product available to students via the library’s electronic services.  Each article, ranging from 900 to 4000 words, is signed by the contributor. The General Editor of the encyclopedia is Robert E. Emery, Ph.D., University of Virginia, who will review all the articles for editorial content and academic consistency.  Payment for the articles are honoraria that range from a $50 book credit from Sage Publications for article submissions up to 1,000 words up to a free copy of the encyclopedia for contributions totaling greater than 10,000 words. More than this, your involvement can help assure that credible and detailed data, descriptions, and analysis are available to students of divorce issues.

At this time the project is almost completely assigned with the exception of the following topics (including proposed word counts):

1.  Divorce Law-Hispanic Traditions (2000 words) (e.g. Spanish Empire's influence on communal property laws in the U.S.)
2.  Palimony (1500 words)
3.  Property Distribution (3000 words)

The final deadline for submissions for these entries is  September 24, 2012.  If you would like to contribute to building a truly outstanding reference with Cultural Sociology of Divorce: An Encyclopedia, please contact me by the e-mail information below.   I will provide you with the complete article list, submission guidelines, and sample article for your review.

Thanks very much,

Lisbeth Rogers
Author Manager
Golson Media for SAGE Publications
divorce@golsonmedia.com

 

August 3, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Tuesday, July 31, 2012

Jacobs: "Overcoming the Marital Presumption"

Melanie B. Jacobs has posted her atricle Overcoming the Marital Presumption, 50 Family Court Review (2012) on SSRN.  Here is the abstract:

Parentage law is heavily influenced by the number “two.” The traditional paradigm of one mother and one father, especially a married mother and father, has been a bedrock of Western society. In recent decades, however, the traditional two parent paradigm has started to erode and courts have responded. For example, some courts have held that a child can have two legal parents of the same sex. In other cases, a child has been deemed to have just one legal parent and yet in others, even three legal parents. These cases highlight shifts within the law of parentage that have occurred as the nuclear family has decreased in prominence and as the use of assisted reproductive technologies has changed the ways in which families are created. I have previously advocated for the expansion of legal parentage to persons not traditionally considered a legal parent, such as the lesbian partner of a legal mother. I have also suggested that, in limited circumstances, courts consider conferring legal parentage in more than two adults who are raising a child including recognizing that a child might have two fathers. In my home state of Michigan, the traditional two parent paradigm is firmly entrenched as illustrated, in part, by the state’s strict marital presumption, which does not permit a putative father the ability to challenge the husband’s paternity. About one-fifth of U.S. jurisdictions have a similarly strict marital presumption. In this short essay, I criticize the lingering marital presumption and use the critique to illustrate broader inconsistencies within the law of parentage. I also make some modest suggestions for parentage law reform.

Read more here.

MR

July 31, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Monday, July 9, 2012

Zimmerman & Post: "The Revolving Doors of Family Court: Confronting Broken Adoptions"

Brian Zimmerman and I are pleased to announce the recent publication of our law review article through Capital University Law Review.  It is entitled The Revolving Doors of Family Court:  Confronting Broken Adoptions and is available at 40 Cap. U.L. Rev. 437. 

The N.Y.C. family court is made up of many stakeholders from the legal and child welfare communities.  Undeniably, all stakeholders approach this work with the best of intentions to achieve positive outcomes for the children who come through the doors of family court.  Moving children to permanency, whether through return to a parent or through an adoption, is an important goal.  Our article arose from our daily work in the trenches which suggested to us, that while many adoptions are successful, there are many children, the exact number of which is unknown,  returning through the revolving doors of family court as a result of broken adoptions.  During the last few years, city wide discussions have properly centered on correcting inefficiencies in the adoption process, and we are not suggesting that efforts and discussion toward that end should not occur.  To the contrary, we believe that focusing on the issues identified in this article will prompt discussions that will help improve the long term outcomes for children who are adopted and to continually evaluate the efficacy of that goal on a case by case basis.  For it is the shared responsibility of the many service providers and disciplines involved in these children and teenager’s lives, both pre- and post-adoption, to acknowledge the large number of children and teenagers who are returned to the system through the revolving doors of family court, as well as their each parties’ role contributing to children returning.  Only then can a commitment be made to modify or eliminate the conditions which lead to the broken adoptions.

We are sending the cite to this article to you as you have a particular interest in and have made various contributions to the field of child welfare, advocacy and policy.

We hope you enjoy reading the article and look forward to engaging in future discussions in this area to work toward finding a solution to limit the revolving doors of family court.  Please let us know if you would like further information or would like to meet about this subject.

Best,

Dawn J. Post, Esq.                                            Brian Zimmerman, Esq.

Co-Borough Director                                         Kings County Assigned Counsel Panel

The Children’s Law Center                                44 Court St., Suite 905

44 Court St., 11th Floor                                     Brooklyn, NY 11201

Brooklyn, NY 11201                                         (718) 855-0413

(718) 522-3333 x146                                        bzimmerman116@gmail.com

dpost@clcny.org

 

July 9, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Tuesday, June 19, 2012

Kelly: "Navigating Gender in Modern Intimate Partnership Law"

Alicia B. Kelly (Widener University - School of Law) has posted Navigating Gender in Modern Intimate Partnership Law, 14 Journal of Law & Family Studies (2012) on SSRN. Here is the abstract:

With women edging up to become half the workforce, claims of women’s economic empowerment now abound. But the reality is that gender equality has not been mainstreamed. The truly eye-opening new data is how marginalized and partial many women’s attachment to the labor force continues to be. Simultaneously, another misleading narrative also circulates — that of separateness — of disconnected individualism. In the context of intimate partnership and feminist legal theory, this Article pushes back against these accounts and demonstrates their problematic link. Contrary to the storylines, many women’s lives in fact remain characterized by deep bonds with partners, children, and extended family, and these connections tend to make women less economically powerful. This vulnerability is recurrently developed inside couple relationships, particularly because labor division still often translates into women specializing in unpaid work.

In this Article I explore how a feminist family law should respond to the connections and risks that come with intimate partnering. I contend that existing intimate partner economics law misses opportunities for strengthening bonds and unfairly distributes the risks and rewards of partnering by turning asymmetry into gendered inequality. This stems from law’s false assumptions that partners are situated equally and are largely unconnected. In contrast, expanding the lens from my earlier work on partnership marriage, I propose that for both unmarried and married couples, law should be based on economic sharing behavior and the benefits and burdens it recurrently produces. As one example of its application, I overview how the theory translates into law when couples break up. This serves to define, modernize and advance the partnership ideal that has so far only been partially developed and implemented in law. I situate my proposal and argue for its appeal in what I identify as related pluralist feminist and family law agendas. This framework is important for sex equality. By recognizing and valuing care work within the family economy, it mitigates the economic risks of sharing that tend to be more acute for women. Yet it resists assignment of the care-giving role to women by recognizing sharing whatever the pattern, thus supporting a range of choices. The sharing model serves equality in another critical way as well, as its principles apply across different forms of couple relationships, whether married or cohabiting, same sex or opposite sex.

MR

June 19, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Kelly: "Actualizing Intimate Partnership Theory"

Alicia B. Kelly (Widener University - School of Law) has posted Actualizing Intimate Partnership Theory, 50 Family Court Review 258 (2012) on SSRN.  Here is the abstract:

This article offers concrete ways to modernize and advance existing laws governing the economics of couple relationships through fuller development and implementation of a “partnership of equals” theory. This is much needed because contemporary law does not adequately protect against financial vulnerabilities produced by partnering, and does not fairly share its benefits. As a result, law contributes to inequalities across a range of groups: between men and women; between cohabitants and married couples; and between same sex and opposite sex couples. Accordingly, I recommend a shift in law’s foundation and application. Couple’s law should be based on economic sharing behavior, broadly and specifically defined to include decision making as well as labor contributions, and should apply to unmarried as well as married couples. Further, law must recognize that sharing activities often importantly shape each partner’s financial situation, including, to an extent, earning power. Drawing on this foundation, I describe specific ways to actualize these principles in legal practice, focusing on when couples break up. Economic advantages and disadvantages that were developed jointly should be shared. At the same time, however, some financial resources are not or are not completely shaped by partnering. In addition, sharing patterns can vary, with the vast majority of married couples being strongly economically intertwined and cohabitants being widely variable. So, for all intimate partnerships, I propose that the legal standard should be an assessment of the degree of economic interdependence in the relationship with resulting rules for sharing property and income streams that vary accordingly. As ripe arenas for extending the reach of the partnership model I offer, for married couples, I focus on alimony and the recent push for guidelines and caps, and for cohabitants, I briefly consider support obligations and the nascent shift in U.S. law toward a joint property regime.

MR

June 19, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Sunday, June 17, 2012

Ryznar & Stępień-Sporek: "The Harmonization of Matrimonial Property Regimes"

Margaret Ryznar (Indiana University Robert H. McKinney School of Law) and Anna Stępień-Sporek (University of Gdańsk School of Law) have posted The Harmonization of Matrimonial Property Regimes on SSRN.  Here is the abstract:

Although family law often differs by jurisdiction, harmonization efforts would make such state laws uniform. In the United States, the major obstacle to the harmonization of family law is the federal system. In the European Union, on the other hand, efforts to harmonize the family laws of member states are increasingly successful. This significant experiment in harmonization offers lessons into the roles of jurisdictional autonomy, cultural relativism, and legal absolutes in society, all of growing importance in an increasingly mobile society and in light of the European Union Commission’s pending proposal for harmonization of matrimonial property regimes.

MR

 

June 17, 2012 in Divorce (grounds), Marriage (impediments), Property Division, Scholarship, Family Law | Permalink | Comments (2) | TrackBack (0)

Saturday, June 16, 2012

Joining IU McKinney School of Law

On a personal note, I am happy to announce that I am joining the faculty of Indiana University Robert H. McKinney School of Law as associate professor of law this Fall.  I will be teaching Family Law, Trusts & Estates, Juvenile Law, and Comparative & International Family Law. 

MR

June 16, 2012 in Current Affairs, Scholarship, Family Law | Permalink | Comments (3) | TrackBack (0)

Friday, June 8, 2012

Hirshman: "Victory: The Triumphant Gay Revolution"

Linda Hirshman has published a new book, "Victory: The Triumphant Gay Revolution."  The book's description is here:

Supreme Court lawyer and political pundit Linda Hirshman details the stunning story of how a resourceful and dedicated minority transformed the notion of American marriage equality and forged a campaign for cultural change that will serve as a model for all future political movements. In the vein of Taylor Branch’s classic Parting of the Waters, Hirshman’s groundbreaking Victory: The Triumphant Gay Revolution is the powerful story of a massive shift in American culture. Hirshman offers an insider’s view of the crucial struggle that is leading to change, incorporating her unique experiences and insights and drawing upon new interviews—with movement titans such as Frank Kameny and Phyllis Lyon, with next-generation activists such as Evan Wolfson of Freedom to Marry, and with allies including the likes of New York Senator Kirsten Gillibrand—to create a comprehensive, inspiring history of change in our time.

MR

 

June 8, 2012 in Current Affairs, Scholarship, Family Law | Permalink | Comments (2) | TrackBack (0)

Thursday, June 7, 2012

Final Call for Papers: Cultural Sociology of Divorce: An Encyclopedia

We are inviting academic editorial contributors to Cultural Sociology of Divorce: An Encyclopedia, a 3-volume library reference to be published in 2013 by SAGE Publications.

While the formal definition of divorce may be fairly concise and straightforward (the legal termination of a marital union, dissolving the bonds of matrimony between parties), the effects are anything but, particularly when children and other family members are involved. The Americans for Divorce Reform estimates that “probably, 40 or possibly even 50 percent of marriages will end in divorce if current trends continue." And outside the United States, there are markedly increased divorce rates across developed countries—divorce and its effects are a significant social factor in our culture and others. In fact, it might be said that a whole “divorce industry” has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII’s divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland only legalized divorce in the latter quarter of the twentieth century. This multi-disciplinary encyclopedia covers curricular subjects around the world ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion.  Three volumes, including over 500 articles, illuminate what has become a culture of divorce and its impact on society.  

This comprehensive project will be marketed to academic and public libraries as a print and digital product available to students via the library’s electronic services.  Each article, ranging from 900 to 4000 words, is signed by the contributor. The General Editor of the encyclopedia is Robert E. Emery, Ph.D., University of Virginia, who will review all the articles for editorial content and academic consistency.

If you are interested in contributing to the encyclopedia, it can be a notable publication addition to your CV/resume and broaden your publishing credits. Payment for the articles are honoraria that range from a $50 book credit from Sage Publications for article submissions up to 1,000 words up to a free copy of the encyclopedia for contributions totaling greater than 10,000 words. More than this, your involvement can help assure that credible and detailed data, descriptions, and analysis are available to students of divorce issues.

At this time the project is completely assigned with the exception of two entries:

1.  Sole Custody of Children (2200 words)

2.  Palimony (1200 words)

The final deadline for submissions for these entries is June 25, 2012. 

If you would like to contribute to building a truly outstanding reference with Cultural Sociology of Divorce: An Encyclopedia, please contact me by the e-mail information below. I will provide you with submission guidelines and a sample article for your review. 

Lisbeth Rogers

Author Manager

Golson Media

divorce@golsonmedia.com

June 7, 2012 in Scholarship, Family Law | Permalink | Comments (3) | TrackBack (0)

Wednesday, May 23, 2012

Tait: "A Tale of Three Families: Historical Households, Earned Belonging, and Natural Connections"

Allison Anna Tait (Gender Equity and Policy Postdoctoral Associate, Yale Women Faculty Forum) has posted A Tale of Three Families: Historical Households, Earned Belonging, and Natural Connections, 63 Hastings Law Journal (2012), on SSRN.  Here is the abstract:

Cases targeting family regulation in the 1970s turned, for the first time, on three contrasting and sometimes competing theories of the family – historical households, earned belonging, and natural connections. This Article introduces and defines these three theories and offers a descriptive account of how the theories were used by litigants and the Supreme Court alike to measure discrimination, evaluate the rights of individual family members and, often, increase household equality. The theory of historical households, developed with great success by Ruth Bader Ginsburg, invoked a Blackstonian family defined by gender hierarchy and the law of coverture, and posited that this model was in need of legal reordering. Earned belonging, offered by Ginsburg as a replacement for historical households, presented a new and more democratic family theory centered on ideas of conduct-based outcomes. The earned belonging theory proposed that an individual could earn her full place in the family through positive conduct and performance. The theory of natural connections, on the contrary, promoted received wisdom about family ordering based on biologic “truths” about sex-based differences. Courts operating according to natural connections theory privileged maternal rights, rejected many paternal claims, and affirmed laws promoting the nuclear, or natural, family. The work of this Article is to present a new and synthetic reading of cases about wives, illegitimate children, and unwed fathers that follows these three logics, revealing how they weave together and why earned belonging provides the strongest support for Ginsburg’s original vision of an equalized household.

MR

May 23, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Tuesday, May 15, 2012

Widiss: "Changing the Marriage Equation"

Deborah A. Widiss (Indiana University Maurer School of Law) has recently posted Changing the Marriage Equation, 89 Washington University Law Review 721 (2012) on SSRN.  Here is the abstract: 

This Article brings together legal, historical, and social science research to analyze how couples allocate income-producing and domestic responsibilities. It develops a framework — what I call the “marriage equation” — that shows how sex-based classifications, (non-sex-specific) substantive marriage law, and gender norms interrelate to shape these choices. The marriage equation has changed over time, both reflecting and engendering societal preferences regarding the optimal allocation of breadwinning and caretaking responsibilities. 

Until fifty years ago, sex-based classifications in family and employment law aligned with gender norms to enforce an ideology of separate spheres for men and women. The groundbreaking sex discrimination cases of the 1970s ended legal distinctions between the duties of husbands and wives but left largely in place both gender norms and substantive rights within marriage, tax, and benefits law that encourage specialization into breadwinning and caregiving roles. Thus, contrary to popular conception, the modern marriage equation does not actually promote equal sharing of these responsibilities. Rather, it still encourages specialization, although the law is now formally agnostic about which spouse plays which role. The vast majority of different-sex couples still follow to some extent traditional gender roles; a body of emerging social science research suggests that same-sex couples typically allocate these responsibilities more equally than different-sex couples. But claims that same-sex couples may therefore serve as a model for different-sex couples improperly ignore that the data sets in these studies predate legal marriage for same-sex couples. By permitting disaggregation of the marriage equation to gauge more accurately the relative significance of sex, gender norms, and substantive marriage law, the new reality of same-sex marriage can serve as a natural experiment that should inform both study design and policy reform.

MR

May 15, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Saturday, May 12, 2012

Reviews of Books Dealing with Motherhood...

... are found in the New York Times here.

MR

Hat Tip: Naomi Cahn

May 12, 2012 in Scholarship, Family Law | Permalink | Comments (2) | TrackBack (0)

Wednesday, May 9, 2012

Call for Papers

Only 5 topics left for the call below:

 

We are inviting academic editorial contributors to Cultural Sociology of Divorce: An Encyclopedia, a 3-volume library reference to be published in 2013 by SAGE Publications.  We hope you’ll consider contributing to this exciting project.     

While the formal definition of divorce may be fairly concise and straightforward (the legal termination of a marital union, dissolving the bonds of matrimony between parties), the effects are anything but, particularly when children and other family members are involved. The Americans for Divorce Reform estimates that “probably, 40 or possibly even 50 percent of marriages will end in divorce if current trends continue." And outside the United States, there are markedly increased divorce rates across developed countries—divorce and its effects are a significant social factor in our culture and others. In fact, it might be said that a whole “divorce industry” has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII’s divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland only legalized divorce in the latter quarter of the twentieth century. This multi-disciplinary encyclopedia covers curricular subjects around the world ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion.  Three volumes, including over 500 articles, illuminate what has become a culture of divorce and its impact on society.  

This comprehensive project will be marketed to academic and public libraries as a print and digital product available to students via the library’s electronic services.  Each article, ranging from 900 to 4000 words, is signed by the contributor. The General Editor of the encyclopedia is Robert E. Emery, Ph.D., University of Virginia, who will review all the articles for editorial content and academic consistency.  Payment for the articles are honoraria that range from a $50 book credit from Sage Publications for article submissions up to 1,000 words up to a free copy of the encyclopedia for contributions totaling greater than 10,000 words. More than this, your involvement can help assure that credible and detailed data, descriptions, and analysis are available to students of divorce issues.

At this time the project is almost completely assigned with the exception of the following topics (including proposed word counts): 

  1. Africa, History of Divorce in  2,500
  2. Europe, History of Divorce in  3,000
  3. Literature, Adult  2,500
  4. Politicians and Divorce (famous cases)  2,000
  5. Property Distribution 3,000

The final deadline for submissions for these entries is June 15, 2012.  If you would like to contribute to building a truly outstanding reference with Cultural Sociology of Divorce: An Encyclopedia, please contact me by the e-mail information below.   I will provide you with the complete article list, submission guidelines, and sample article for your review. 

Thanks very much,

Lisbeth Rogers

Author Manager

Golson Media for SAGE Publications

divorce@golsonmedia.com

May 9, 2012 in Scholarship, Family Law | Permalink | Comments (2) | TrackBack (0)

Thursday, May 3, 2012

Hasday: "Siblings in Law'

Jill Elaine Hasday (U of MN Law) has recently posted "Siblings in Law," 65 Vanderbilt Law Review 897 (2012) on SSRN.  Here is the abstract:

Legal regulation of the family focuses on two canonical relationships: marriage and parenthood. Courts, legislatures, and scholars routinely take family law’s concentration on just two family ties to be so commonsensical as to require no explicit discussion or explanation. Yet marriage and parenthood are not the only family relationships that can be central to family life. Family law’s reflexive orientation around marriage and parenthood diverts attention and scrutiny from considering how the law should regulate and protect other family ties. For instance, the sibling relationship is a crucial, yet noncanonical family tie. Family law views children almost exclusively through the lens of children’s relationships with their parents, rather than the lens of children’s relationships with their siblings. The law offers siblings only modest and sporadic protection, too often permitting adoption and parental divorce or death to separate siblings and sometimes leave them with no right to contact each other or even learn of each other’s existence. But siblings can be vital sources of support, love, nurturing, and stability for children, and family law could and should do much more to safeguard sibling ties when they are threatened. This essay uses the example of sibling relationships, which have received remarkably little legal attention, to explore the law’s treatment of noncanonical family relationships and to consider some of the reform possibilities that emerge when we free ourselves from the assumption that family law should focus narrowly on marriage and parenthood.

MR

May 3, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)