Thursday, February 22, 2024

Lorr: “Disabling Families”

Sarah H. Lord    (Brooklyn Law School) recently posted her article, Disabling Families, on SSRN.  Here is the abstract:

The family regulation system is increasingly notorious for harming the very families—primarily Black, brown, Native, and poor—that it ostensibly aims to protect. Under the guise of advancing child welfare, families are surveilled, judged, and separated. Discrimination and ingrained prejudices against disabled parents render their families especially vulnerable to separation and termination. Once enmeshed in the system, disabled parents have little recourse against discrimination based on ableist and raced notions of parenthood. 

This Article argues that the family regulation system not only discriminates against disabled parents, but also produces disability. It identifies and theorizes three modalities of this production: construction, creation, and reinscription. The family regulation system constructs the social category of disability by assuming parents bearing a disability label are unfit and subsequently stigmatizing and separating these families. The family regulation system creates disability by causing or exacerbating impairments that render parents and their families disabled or more likely to become disabled. And the family regulation system reinscribes disability by failing to provide appropriate services or accommodations to disabled parents and then blaming a parent’s disability—rather than the lack of services—when a termination of parental rights occurs. In these three ways, the family regulation system—including the courts, caseworkers, and lawyers who enforce its functioning—produces disability.  

This Article documents how the judicial decisions and outcomes arising from the family regulation system contribute to the pathologizing of disabled people. It argues, however, that while disability is often stigmatized, it is not a negative identity, social group, or label. In fact, disability can be a disrupting force in the family regulation system. The Article concludes that disability can be a source of pride, family strength, and personal autonomy. It conceptualizes the act of parenting with a disability—by its very ordinary nature—as a form of resistance. Finally, it offers strategies for disrupting the production of disability in the family regulation system while urging the claiming of disability as a positive identity. In sum, by unearthing how disability can be constructed, created, and reinscribed by forces outside of the self, this Article challenges the dominant legal and cultural narrative that disability is solely a medical diagnosis or problem inherent to the individual bearing the disability label.

February 22, 2024 in Resources - Research, Scholarship, Family Law | Permalink | Comments (0)

Monday, July 4, 2016

Legal technicians provide family law assistance

From the News Tribune:

VNavigating the family law system can be an overwhelming and emotional process, especially for people who have no choice but to represent themselves in court.

The number of pro se litigants has steadily increased across the country, with between 60 to 90 percent of family law cases involving at least one party with no legal representation, according to information released by the American Bar Association in 2013.

"People are kind of in a society of do-it-yourself. Some people may be able to afford an attorney, but others can't. We are seeing more and more people representing themselves," Clark County Chief Deputy Clerk Baine Wilson said.

Local and state agencies recognize a strong need for assistance and have begun offering alternatives to help guide the public through the process, reported The Columbian.

Read more here.

July 4, 2016 in Attorneys, Resources - Adoption, Resources - Bar Associations, Resources - Child Custody, Resources - Child Support, Resources - Children & the Law, Resources - Civil Rights & Family Rights, Resources - Divorce, Resources - Domestic Violence, Resources - Research | Permalink | Comments (0)

Saturday, July 25, 2015

New Study Suggests the Perfect Age to Get Married

From Time:

A new study suggests that people should get married between the ages of 28 and 32 if they don’t want to get divorced, at least in the first five years.

The study was done by Nick Wolfinger, a sociologist at the University of Utah, and published by the generally pro-marriage Institute of Family Studies. It suggests that people who get married between 28 and 32 split up least in the ensuing years. This is a new development; sociologists formerly believed that waiting longer to get hitched usually led to more stability, and there was no real sell-by date.

Wolfinger analyzed data from 2006-2010 and the 2011-2013 National Survey of Family Growth. He found a sort of upside down bell curve. “The odds of divorce decline as you age from your teenage years through your late twenties and early thirties,” he writes. “Thereafter, the chances of divorce go up again as you move into your late thirties and early forties.” For each year after about 32, the chance of divorce goes up about 5% says the study.

Read more here.

July 25, 2015 in Resources - Research | Permalink | Comments (0)

Thursday, March 21, 2013

CALL FOR AUTHORS: Social History of American Families: An Encyclopedia

The statistics tell the story of the American family: According to the U.S. Census Bureau, 2010 marked the milestone when blended families or stepfamilies became the most common form of family in America; 2,100 new blended families are formed every day in this country; 41 percent of unmarried couples living together have children living in the home; over 65 percent of Americans are now a stepparent, a stepchild, a stepsibling, a step-grandparent, or touched directly by a stepfamily scenario. Moreover, the Pew Research Center reports interracial marriages are on the rise in America--in 1980, 3 percent of married couples were mixed race; today 1 in 12 couples are interracial couples.

We will produce a carefully balanced academic work that chronicles the social, cultural, economic, and political aspects of American families from the colonial period to the present. Key themes will include families and culture (including mass media), families and religion, families and the economy, families and social issues, families and social stratification and conflict, family structures (including marriage and divorce, gender roles, parenting and children, and mixed and non-modal family forms), and family law and policy. Approximately 600 articles, richly illustrated with historical photographs and video clips in the online edition, will provide the historical context for students to examine political and social debates about the importance of the family and the evolving constructions of the American family. The work will also include a collection of primary source documents demonstrating these themes across time. The signed articles, with cross-references and Further Readings are accompanied by pedagogical
elements, including the Reader's Guide, Chronology of American Families, Resource Guide, Glossary, and thorough index.

This comprehensive project will be published by SAGE Reference and will be marketed to academic and public libraries as a print and digital product available to students via the library's electronic services. The General Editors, who will be reviewing each submission to the project, are Drs. Lawrence Ganong and Marilyn Coleman, University of Missouri.

We are currently making assignment with a deadline of June 7, 2013.

If you are interested in contributing to this cutting-edge reference, it is a unique opportunity to contribute to the contemporary literature, redefining sociological issues in today's terms. SAGE Publications offers an honorarium ranging from SAGE book credits for smaller articles up to a free set of the printed product for contributions totaling 10,000 words or more.

The list of available articles is already prepared, and as a next step we will e-mail you the Article List (Excel file) from which you can select topics that best fit your expertise and interests. Additionally, Style and Submission Guidelines will be provided that detail article specifications.  If you would like to contribute to building a truly outstanding reference with Social History of American Families, please contact me by the e-mail information below. Please provide your CV or a brief summary of your academic/publishing credentials in related disciplines.

Thanks very much.

Joseph K. Golson
Author Manager
[email protected]

March 21, 2013 in Current Affairs, Resources - Divorce, Resources - Research, Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)

Sunday, October 11, 2009

Family Law Research Sources