Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Child welfare (2)
- Kinship (2)
- Marriage (2)
- Migration (2)
- Paternity (2)
-
- Adoption (1)
- Apartheid (1)
- Argentina (1)
- Attorneys (1)
- Authoritarianism (1)
- Batman (1)
- Bolivian immigrants (1)
- Colonialism (1)
- Constitutional equality revolution (1)
- Constitutional law (1)
- Courts (1)
- Cultural Criminology (1)
- Cultural anthropology (1)
- Customary law (1)
- Dan Canon (1)
- Dawn Elliot (1)
- Decision making (1)
- Direct democracy (1)
- Discrimination (1)
- Divorce (1)
- Domestic relations (1)
- Dominique Jones (1)
- Donor insemination (1)
- Drug abuse--Law and legislation (1)
- Drug abuse--Social aspects (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
An Evolution Of Tradition: Understanding The Unintended Effects Of The 1999 Inheritance And Marital Property Law On Intra-Family Relationships In Rwanda., Pete Freeman
Independent Study Project (ISP) Collection
In the months following the 1994 genocide in Rwanda, a disproportionate number of Rwandan women were left without husbands, homes, family, or property. These losses required women to take on cultural responsibilities hitherto reserved for men. One roadblock to assuming these responsibilities was the legal and cultural right of property ownership reserved exclusively for men. Then in 1999, the Rwandan government enacted legislation which allowed women and girls the rights to family property -- Law/nº 22/99 of 12/11/1999 on Matrimonial Regimes, Liberalities, and Successions. On paper, this Rwandan policy seemed like a step toward gender equality, a watershed moment in …
Pelear Por La Dignidad: La Lucha De Las Mujeres Trabajadoras Sexuales Voluntarias Por Derechos Laborales En Un Clima Estigmatizado Políticamente / To Fight For Dignity: The Fight Of Female Voluntary Sex Workers For Labor Rights In A Politically Stigmatized Climate, Rosalind Jones
Independent Study Project (ISP) Collection
Argentina is a country with a rich history of social movements and popular mobilization. Currently, the issue of women’s equality is highly prevalent in the national and political dialogue. An area that is frequently referenced as a divide in the feminist movement is sex work. Argentina has adopted a series of laws and regulations that have created an ‘abolitionist’ political atmosphere, outlawing the sexual exploitation of individuals and persecuting ‘pimps’, per se. The politics surrounding sex work, on paper, are meant to eliminate human trafficking rings and lower the amount of victims exploited through trafficking. However, the application of the …
Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski
Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski
Anthropology
Marital estrangement and formal divorce are vital conjunctures for married women’s kinship relations and life course, where a horizon of future possibilities are revalued and negotiated at the interstices of custom, law, and social and ritual obligations. In this article, after delineating the forms of customary and civil marriage and the possibilities for divorce or estrangement from each, I describe how some married women in Swaziland and South Africa mediate this complex social field for their children and families through pensions and continuing to pay for their partners’ insurance coverage. This was not solely out of avarice to reap future …
Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri
Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri
All Faculty Scholarship
The twentieth-century equality revolution established the principle of sex neutrality in the law of marriage and divorce and eased the most severe legal disabilities traditionally imposed upon nonmarital children. Formal equality under the law eluded nonmarital parents, however. Although unwed fathers won unprecedented legal rights and recognition in a series of Supreme Court cases decided in the 1970s and 1980s, they failed to achieve constitutional parity with mothers or with married and divorced fathers. This Article excavates nonmarital fathers’ quest for equal rights, until now a mere footnote in the history of constitutional equality law.
Unmarried fathers lacked a social …
“Why So Serious?” Threat, Authoritarianism, And Depictions Of Crime, Law, And Order In Batman Films, Brandon Bosch
“Why So Serious?” Threat, Authoritarianism, And Depictions Of Crime, Law, And Order In Batman Films, Brandon Bosch
Department of Sociology: Faculty Publications
Drawing on research on authoritarianism, this study analyzes the relationship between levels of threat in society and representations of crime, law, and order in mass media, with a particular emphasis on the superhero genre. Although the superhero genre is viewed as an important site of mediated images of crime and law enforcement, cultural criminologists have been relatively quiet about this film genre. In addressing this omission, I analyze authoritarian themes (with an emphasis on crime, law, and order) in the Batman film franchise across different periods of threat. My qualitative content analysis finds that authoritarianism themes of fear and need …
The Autonomy Of Chinese Migrants Despite Structural And Social Determinants, Helen Yu
The Autonomy Of Chinese Migrants Despite Structural And Social Determinants, Helen Yu
Independent Study Project (ISP) Collection
China is currently undergoing one of the largest domestic migration movements in its history, as hundreds of millions of its citizens move out of their countryside homes into urban areas to seek work in the wake of the nation’s rapid globalization. This paper examines the lives of these migrants – how much agency they have over their decisions and their destinies while simultaneously subject to overarching controls set onto them by economic circumstance, government laws, and cultural traditions. It explores how they subvert tradition and former government policies by leaving home, and how they respond when confronted with discrimination in …
Migrant Access To Healthcare: A Study Of Undocumented Migrant Access To Sexual Healthcare & Family Planning Services In Switzerland In 2016, Emily Egbert
Independent Study Project (ISP) Collection
The Swiss healthcare system has experienced a significant influx of vulnerable migrants over the past few years. This presents a challenge to providers and policy makers to account for and provide aid to these non-‐ Swiss citizens, such as undocumented migrants (UDM), whose status and circumstances may impede their access to healthcare. Along with this, various cultural barriers may present further challenges to access to the health system. This paper explores UDM access to health through the lens of sexual healthcare and family planning. In examining sexual health, the issues of sexually transmitted infections (STIs), HIV/AIDS, and sexual violence were …
¿El Derecho A Una Vida Sin Discriminación?: Un Análisis De Las Representaciones Discriminatorias Sobre Los Migrantes Bolivianos Por Parte De Los Residentes Argentinos En El Barrio Porteño De Flores, Kelly Johnson
Independent Study Project (ISP) Collection
Argentina has always been a country where migration has influenced the nation’s identity. Although migration from bordering countries towards Argentina is a phenomenon that dates back to the beginnings of the nation, since the 1990s this migratory phenomenon has been the most visible in the country, especially migration from Bolivia. The visibilization of these migrants, who do not always share the characteristics of the hegemonic Argentine (the figure of the son of white European immigrants), caused in the 1990s a surge of discrimination and social rejection. Combined with the continued existence of the restrictive “Videla Law,” a migratory law from …
Proceso Identitario: La Vinculación Entre La Autoadscripción De Jóvenes Chinos-Argentinos En Buenos Aires, Argentina Y Las Oportunidades Laborales, Experiencias Educativas Y La Conservación Del Idioma Chino, Cassiopeia Lee
Independent Study Project (ISP) Collection
The purpose of this research is to analyze the identity processes of Chinese/Taiwanese-Argentinean young people in Buenos Aires, Argentina and connect their self-identifications with experiences and decisions related to education, careers, and cultural preservation. The narrative of Chinese and Taiwanese immigrant experience in Argentina traditionally focuses on the role of these immigrants in the supermarket sector of the economy, emphasizing conflict between the immigrant community and Argentinean natives and the isolation of the Chinese community perpetuated by the role the children of these immigrants played as translators and workers especially during the years between the 1970s and the 1990s. This …
Hogg, Karen (Fa 842), Manuscripts & Folklife Archives
Hogg, Karen (Fa 842), Manuscripts & Folklife Archives
FA Finding Aids
Finding aid only for Folklife Archives Project 842. This collection “Same Sex Marriage and the Law: An Oral History Project” is comprised of 16 interviews with attorneys--who participated in the 2013 case of Obergefell v. Hodges that challenged Kentucky’s laws related to recognition of same-sex marriages--and couples involved in the movement who sought change and hope for equality.
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
Publications and Research
Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …
(Mis)Recognizing Polygamy, Kerry Abrams
Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins
Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell
Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell
Department of Sociology: Faculty Publications
This paper addresses how the law affects LGBQ-parent families. We first outline the legal landscape that LGBQ parents face in the US, underscoring that it varies drastically by state and creates inequity for families. Reviewing existing social science research, we then address how the law affects three processes for LGBQ people: desiring parenthood, becoming a parent, and experiencing parent- hood. Our review indicates that the law affects if and how LGBQ people become parents. LGBQ people consider the law as they make decisions about whether to pursue adoption, donor insemination, or surrogacy and often view the latter two pathways as …
Detoxing The Child Welfare System, Allison E. Korn
Detoxing The Child Welfare System, Allison E. Korn
Faculty Scholarship
This Article considers the varying reasons why drug policies informing child welfare interventions are not evolving as part of the drug policy reform movement, which has successfully advocated for initiatives that decrease mass incarceration, end mandatory minimums, and decriminalize or legalize marijuana use and possession. Many existing child welfare laws and policies that address parental drug use rely on the premise that prenatal exposure to a controlled substance causes inevitable harm to a child. Furthermore, they presume that any amount of drug use by a parent places a child in imminent danger, or is indicative of future risk of harm. …
Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman
Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman
Faculty Scholarship
This Response to Professors Levin, Jacobs, and Arora’s article To Accommodate or Not to Accommodate: (When) Should the State Regulate Religion to Protect the Rights of Children and Third Parties? focuses on their claim that the law governing religious exemptions to medical neglect is messy, unprincipled, and in need of reform, including because it violates the Establishment Clause. I disagree with this assessment and provide support for my position. Specifically, I summarize and assess the current state of this law and its foundation in the perennial tussle between parental rights and state authority to make decisions for and about the …
Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman
Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
Long before the Supreme Court’s seminal parenting cases took a due process Lochnerian turn, American courts had been working to fashion family law doctrine on the premise that parents are only entrusted with custody of the child, and then only as long as they meet their fiduciary duty to take proper care of the child. With its progressive, anti-patriarchal orientation, this jurisprudence was in part a creature of its time, reflecting the evolutionary biases of the emerging fields of sociology, anthropology, and legal ethnohistory. In short, the courts embraced the new, “scientific” view that social “progress” entails the decline and, …