Thursday, November 13, 2014
Wednesday, November 12, 2014
Clare Huntington, Fordham Law, has uploaded "Postmarital Family Law" on SSRN. It's forthcoming from Stanford Law Review and its abstract reads:
Family law is based on marriage, but family life increasingly is not. The American family is undergoing a seismic shift, with marriage rates steadily declining and more than four in ten children now born to unmarried parents. Children of unmarried parents fall far behind children of married parents on a variety of metrics, contributing to stark inequality among children. Poverty and related factors explain much of this differential, but new sociological evidence highlights family structure — particularly friction and dislocation between unmarried parents after their relationship ends — as a crucial part of the problem. As the trend toward nonmarital childbearing continues to spread across class lines, the effect will be most pronounced among children.
This shift is the single most important issue facing family law today, yet scholars have been slow to engage with the structure and substance of the law in response. In family law, the marital family serves as a misleading synecdoche for all families, not only marginalizing nonmarital families, but also actively undermining their already tenuous bonds.
It is essential for family law to address the needs of both marital and nonmarital families. This entails a new theory of state regulation as well as new doctrines, institutions, and norms in practice. Some feminists argue that the state should privilege caregiving between parents and children instead of marital relationships, while other commenters stubbornly advocate marriage primacy — the elevation of marriage above other family forms — despite all evidence that marriage promotion fails. These responses fundamentally misunderstand nonmarital family life, in which dynamics between parents deeply affect children yet marriage is not realistically returning. We must instead understand that it is possible to separate marriage from parenthood but not relationships from parenthood. The state must accordingly help unmarried parents become effective co-parents, especially after their relationship ends, so they can provide children with the healthy relationships crucial to child development. This theoretical insight, and the family law that flows from it, will inaugurate a larger debate about how to prepare for a world in which marriage is not the defining institution of family life.
Thus writes a NYT reporter regarding quarterback Tony Romo (he of the NFL's Dallas Cowboys) who has suffered genuinely painful injuries but feels pressure to play.
Romo is a terrific fourth-quarter quarterback, a warrior in the beloved military argot of the N.F.L. He has played with torn ligaments and broken bones and come back early from many injuries.
He walked out stiffly to meet the press Thursday morning. “I mean, it’s sore,” he said. “It’s not a comfortable feeling.”
Then he added, “Just normal stuff.”
He was lying. I called Dr. Frederick Azar, an orthopedic surgeon who is the team physician for the Memphis Grizzlies of the N.B.A. and president of the American Academy of Orthopaedic Surgeons.
“Romo’s still in the inflammatory stage; it takes three to four weeks just to calm the nerves and muscles down,” Azar said. “If he thinks he can go, O.K., but he’s going to be in a lot of pain.”
Tuesday, November 11, 2014
TBT from last year's post:
Veteran's Day raises conflicting responses from feminists. While it is a day to honor lives given in service, it is also a day that reminds us of women’s historical exclusion from power, opportunities and benefits. Women’s exclusion from the military and advantageous combat positions has had the trickle-down effect of denying them the ancillary veterans’ benefits of GI-bill education, family support, small business loans, and healthcare. Veterans’ preferences in employment, home loans, problem-solving courts, and treatment programs disparately advantage men to significant economic benefit. Even now as women seek these military opportunities, they are only tokenly being “tested” for combat roles, reminded that there "will be no lowering of standards." As if that's required. And as if the standard itself is not male defined.
For reading on gendered implications of veterans, see:
Personnel Administration v. Feeney, 442 U.S. 256 (1979).
When the men's championship is played on real grass, but the women's championships are played are artificial turf with its higher risk of injury and harm to players.
See National Law Rev, Turf War: Female Soccer Stars Sue FIFA and the Canadian Soccer Association
More than 60 of the top female soccer players, including U.S. stars Abby Wambach and Alex Morgan, have brought a lawsuit against the Canadian Soccer Association and FIFA, the international governing body of football, asserting that the organizations’ decision to play the 2015 Women’s World Cup on artificial turf constitutes gender discrimination. A men’s World Cup has never been played on artificial turf and the men will play the 2018 and 2022 World Cup tournaments on grass.
Monday, November 10, 2014
Amalia Miller and Carmit Segal, both economists, have an interesting article titled "Do Female Officers Improve Law Enforcement Quality?" It's uploaded on SSRN and the abstract reads:
We study the impact of the integration of women in US policing between the late 1970s and early 1990s on violent crime reporting and domestic violence escalation. Along these two key dimensions, we find that female officers improved police quality. Using crime victimization data, we find that as female representation increases among officers in an area, violent crimes against women in that area, and especially domestic violence, are reported to the police at significantly higher rates. There are no such effects for violent crimes against men or from increases in the female share among civilian police employees. Furthermore, we find evidence that female officers help prevent the escalation of domestic violence. Increases in female officer representation are followed by significant declines in intimate partner homicide rates and in rates of repeated domestic abuse. These effects are all consistent between fixed effects models with controls for economic and policy variables and models that focus exclusively on increases in female police employment driven by externally imposed affirmative action plans resulting from employment discrimination cases.
Saturday, November 8, 2014
Deborah N. Misir is in the sixth month of a high-risk pregnancy. So Ms. Misir, a Long Island lawyer, has asked that an upcoming trial for one of her clients — set for about two months before her due date — be postponed.
Doctors told Ms. Misir, 42, to “avoid stress, pressure and upsetting confrontations, which could result in medical complications that could threaten the life of my baby,” according to a letter she wrote on Wednesday to the judge.
But thus far, Ms. Misir’s request has gone nowhere: The United States attorney’s office has fought the proposed delay, and the judge, citing her health, even asked about a trip to Washington that she said she was planning.
“I am puzzled by the U.S. attorney’s office’s objection to any adjournment due to my pregnancy,” Ms. Misir said. “Pregnancy — much less high-risk pregnancy — has long been recognized in this country as a legal disability requiring accommodation."***
In an Oct. 20 letter to the judge opposing the request, prosecutors wrote that the case had been long pending; that Ms. Misir had agreed previously to the January date; and that she had a “highly experienced and able” co-counsel. The government also cited Mr. Tabone’s right to a speedy trial, adding, “The court should not countenance further delay of the trial.” ***
She wrote that she had worked as a Justice Department lawyer, as an ethics lawyer in the White House and as a deputy assistant secretary of labor for policy.
“In over 17 years of federal practice,” she said, “I have never been treated so disrespectfully, brutally, and with lack of basic civility by opposing counsel, as has occurred in this court.”
Friday, November 7, 2014
Today, families are no longer quite so cookie cutter similar. Some families are comprised of a mother and her children and a father who is no longer an active member of the family or never has been. Other families consist of two absent parents, leaving the parental role to be fulfilled by grandparents or foster families. And there are, for the first time in history, a fair amount of same sex parents who are raising children. These types of family are a few million strong.
Despite studies proving otherwise, some people still insist that children are being ruined by this type of family dynamic. They deem homosexual couples as "unfit"parents, but don't seem to have concrete or legitimate evidence to substantiate their claims. They fight against same-sex adoption with the fervor of a quarterback at the Super Bowl.
So, what do opponents argue?
Check out the rest here.
Thursday, November 6, 2014
Athena Nguyen (Monash), Through the Eyes of Women? The Jurisprudence of the CEDAW Committee, Outskirts Mag. (May 2014).
In 1999, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (OP CEDAW) was adopted. The OP CEDAW was received with much enthusiasm as it enabled women, for the first time, to submit a communication to the CEDAW Committee about a violation of their CEDAW rights and to seek redress at an international level. Whilst some of this enthusiasm has since been dampened by the significant number of communications that have been declared inadmissible and by criticisms about the progressiveness of the Committee’s views, the Committee has nonetheless issued a number of important decisions on areas such as violence against women, reproductive health and gender stereotyping. In this paper, the jurisprudence of the CEDAW Committee’s views will be examined. The question will be asked, have the views of the CEDAW Committee been cautious or progressive? Consistent or inconsistent? Commendable or regrettable? This paper will demonstrate that in cases involving severe human rights violations, such as violence, rape or death, the CEDAW Committee has been strong in its views and has incorporated a good analysis of how gender has contributed to these violations. However, for matters in which the discrimination has not been as direct or the consequences have not been as severe, the Committee has not undertaken the more nuanced analysis that is needed to draw out the human rights violations that have occurred. Hence, whilst the CEDAW Committee has commendably advanced the international law on women’s human rights in some areas, it has also been reluctant and slow to do so in others.
Wednesday, November 5, 2014
Ben A. McJunkin has recently uploaded on SSRN "Rank Among Equals," which is forthcoming from the Michigan Law Review. The abstract reads:
Dignity is on the march. As illustrated by Justice Kennedy’s recent majority opinion in United States v. Windsor, the concept — once seen as exclusive to moral philosophy — has taken on increasing importance in the legal realm, particularly in the recognition of individual human rights. Jeremy Waldron's recent book, Dignity, Rank, and Rights, offers a profound and provocative take on dignity's newfound centrality to law. Waldron contends that dignity currently operates as a universal legal status that entails individual rights. He suggests that this development reflects the gradual democratization of aristocratic privilege — a kind of "leveling up" of humanity.
This Review disentangles and separately examines the two core accounts of dignity in Waldron's work. The first, which purports to identify the nature of contemporary legal dignity as a form of status, appears to be promising step toward better understanding the role dignity plays in law. The second, Waldron's historical account of dignity's development that offers up something like an origin story for our contemporary conceptions, is more troubling. Borrowing from feminist theory and queer theory, as well as from the equality projects to which they are allied, I contend that Waldron's narratives of extending aristocratic privilege threaten to entrench inequality and injustice while limiting the potential for marginalized groups to employ dignity as a deeply remedial legal tool. I urge Waldron to revisit dignity's expressive connection to human worth, which has proven central to dignity-based antidiscrimination and antisubordination projects.
From the New Republic (also contains a video feed):
In an interview with NPR earlier this fall, pre-school teacher Glen Peters recounted, “They couldn't find the bathroom code for the men's bathroom, so I actually had to go to the women's room while someone stood guard outside the bathroom. I knew at that moment that I was a bit of a unicorn.” Peters is part of the small cohort of males teaching pre-school nationally; in fact, barely 2 percent of early education teachers are men, according to 2012 labor statistics. And with universal pre-K taking center stage in our country’s most populous city, the absence of male influence at this stage of development is getting increased scrutiny.
Steven Antonelli, currently the director for Bank Street Head Start, has spent more than two decades working in early childhood education and has experienced first-hand the challenges men in this field face. In an interview with New Republic executive editor Greg Veis, Antonelli considers these hurdles and the importance of early childhood education.
Tuesday, November 4, 2014
That this is news says it all.
Two women in private practice are making their debuts this month arguing before the U.S. Supreme Court, a forum where women from law firms are still underrepresented at the lectern.
In 2013, 17 percent of the arguments before the court were made by women, according to an Associated Press report, but many of those were government lawyers or from public interest groups.
Alyza Lewin of Lewin & Lewin in D.C. will argue Nov. 3 in Zivotofsky v. Kerry, a closely watched test of executive versus legislative power in foreign policy.
Allyson Ho of Morgan, Lewis & Bockius in Dallas will argue a week later, in M&G Polymers USA v. Tackett, a high-stakes business case that could expose employers to billions in extra health care costs for retirees.
A capsule look at the two lawyers follows.
It used to be legally required. In the 1870s and the 1970s (to vote, for example). But why now? See BBC News, Why Should Women Change Their Name on Getting Married?
Feelings can run high over the issue of surname change, as demonstrated by recent criticism of Amal Alamuddin's decision to change her name when she married George Clooney. Some feminists point out that women suffer serious detriment to their careers when they change their names - that they signal their submission to their husbands, and reinforce to their own children the idea that women are inferior to men.
Others shrug the issue off and say that women's names mean little to them, or point out that a birth name is usually the name of the woman's father anyway. Those who think a woman should change her surname often say that it's not really important, but, given the choice between the various options, they prefer to go with "tradition".
This argument, of course, presupposes that traditions are worth preserving. But in fact, just a brief dip into the history of marital surname change - a specifically English phenomenon - reveals that its origins are at best controversial. And at worst, they are deeply unsavoury.
Sunday, November 2, 2014
NEW HAVEN — A sexual harassment case that has been unfolding without public notice for nearly five years within the Yale School of Medicine has roiled the institution and led to new allegations that the university is insensitive to instances of harassment against women. The case involves a former head of cardiology who professed his love to a young Italian researcher at the school and sought to intervene in her relationship with a fellow cardiologist under his supervision. A university committee recommended that he be permanently removed from his position, but the provost reduced that penalty to an 18-month suspension.
This is a bit dated by cyberspace standards (it happened about two weeks ago), but for interested readers, there was a Chronicle of Higher Ed article about sexual harassment in philosophy departments, especially at Colorado. Here's a blog excerpt from Nous (the philosophy blog):
Today’s Chronicle of Higher Education has a long article (may be paywalled) on the University of Colorado Department of Philosophy’s issues with sexual misconduct and climate for women, with remarks from people inside and outside the department.
They wanted to help solve their field’s longstanding problems over the treatment of women and find ways to improve the climate on their own campus. But instead, the philosophy department’s decision to invite an outside review has left it struggling to survive after the investigators concluded it was rife with “inappropriate, sexualized unprofessional behavior.”…
Philosophy professors worry that the reaction to the review—completed last fall by a panel of the American Philosophical Association’s Committee on the Status of Women—may now destroy the department. Even the head of that national committee says Boulder’s philosophers are right to be concerned. “I don’t expect a department that has a deeply cold climate for women, and has had for years, to be able to clean it up in a year and without a fair amount of pain,” says Hilde Lindemann, a philosophy professor at Michigan State University. “But I dare say they are fighting for their lives.”…
The three female philosophers who visited Boulder early last fall as part of the review interviewed professors, students, and administrators. The committee issued its scathing 15-page report in November. It said that women had filed 15 complaints with the university’s Office of Discrimination and Harassment since 2007 and that female graduate students reported feeling anxious and demoralized. Many incidents of alleged harassment, the report said, occurred off campus and after hours while faculty members and graduate students socialized over alcohol. Female faculty members reported working from home to avoid their male colleagues.
Almost no one here recognized the portrait of the department.