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Articles 1 - 12 of 12
Full-Text Articles in Law
Is "Bird Nesting" In The Best Interest Of Children?, Michael T. Flannery
Is "Bird Nesting" In The Best Interest Of Children?, Michael T. Flannery
Faculty Scholarship
No abstract provided.
The Hand That Rocks The Cradle: How Children's Literature Reflects Motherhood, Identity, And International Adoption, Susan Ayres
The Hand That Rocks The Cradle: How Children's Literature Reflects Motherhood, Identity, And International Adoption, Susan Ayres
Faculty Scholarship
Children's books are "a source of law" for children because "[children] are constantly trying to make sense of what is going on around them, and although literature itself is only a constituent of life experience, as a constituent it is potentially of the greatest importance." As adults and lawyers, we can also read children's books as a source of law because they reflect patriarchal ideologies about the family and stigma surrounding adoption. Like other myths, children's books tell stories about origins and constitute not only subjects but are also the foundation of law by reflecting legal norms and projecting legal …
Toward A More Perfect Union: The Road To Marriage Equality For Same-Sex Couples, Jennifer L. Levi
Toward A More Perfect Union: The Road To Marriage Equality For Same-Sex Couples, Jennifer L. Levi
Faculty Scholarship
The Author believes that civil unions have become synonymous with inequality. In this posture, the term inequality should be descriptive rather than subjective. She argues that civil unions relegate gay and lesbian couples to second-class status. However characterized or defined, civil unions are not marriages. Those two statuses are not equivalent; they are not equal. Within that framework, in order for any one person to decide where he or she stands on the issue of whether gay and lesbian couples should be entitled to marriage, civil unions, something else, or nothing, he or she must first understand why marriage matters …
Unemployment Insurance Reform For Moms, Karen Czapanskiy
Unemployment Insurance Reform For Moms, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein
Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein
Faculty Scholarship
No abstract provided.
Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark
Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark
Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
[N]Ot A Story To Pass On: Constructing Mothers Who Kill, Susan Ayres
[N]Ot A Story To Pass On: Constructing Mothers Who Kill, Susan Ayres
Faculty Scholarship
Toni Morrison has said in her Nobel acceptance speech, “We die. That may be the meaning of life. But we do language. That may be the measure of our lives.” How we “do language” in judicial decisions about infanticide can perhaps be compared to and informed by fiction such as Toni Morrison’s Beloved.
Beloved provides a fictional account of the life of a historical woman, a slave who escaped to freedom and then attempted to kill all four of her children, successfully killing one when her master came to claim her under the Fugitive Slave Act. In addition to …
Is The Work-Family Conflict Pathological Or Normal Under The Fmla? The Potential Of The Fmla To Cover Ordinary Work-Family Conflicts, Katharine B. Silbaugh
Is The Work-Family Conflict Pathological Or Normal Under The Fmla? The Potential Of The Fmla To Cover Ordinary Work-Family Conflicts, Katharine B. Silbaugh
Faculty Scholarship
The Family and Medical Leave Act (FMLA) provides relief to workers, helping them in their struggle to meet the sometimes competing demands of work and family. There have been numerous attempts to expand legislation to cover more occasions where work and family obligations are in tension. This Essay will address one way that the courts may be expanding the Act’s application. It will investigate whether this modest interpretive expansion can be explained partially by society’s deeper understanding of the challenges of work-family balance over the ten years since the FMLA’s passage. Have we changed our general understanding of conflicts between …
Monogamy's Law: Compulsory Monogamy And Polyamorous Existence, Elizabeth F. Emens
Monogamy's Law: Compulsory Monogamy And Polyamorous Existence, Elizabeth F. Emens
Faculty Scholarship
Right now, marriage and monogamy feature prominently on the public stage. Efforts to lift prohibitions on same-sex marriage in this country and abroad have inspired people on all sides of the political spectrum to speak about the virtues of monogamy's core institution and to express views on who should be included within it. The focus of this article is different. Like an "unmannerly wedding guest," this article invites the reader to pause amidst the whirlwind of marriage talk and to think critically about monogamy and its alternatives.
Marriage, Cohabitation, And Collective Responsibility For Dependency, Elizabeth S. Scott
Marriage, Cohabitation, And Collective Responsibility For Dependency, Elizabeth S. Scott
Faculty Scholarship
Marriage has fallen on hard times. Although most Americans say that a lasting marriage is an important part of their life plans, the institution no longer enjoys its former exclusive status as the core family form. This is so largely because social norms that regulate family life and women's social roles have changed. A century (or even a couple of generations) ago, marriage was a stable economic and social union that, for the most part, lasted for the joint lives of the spouses. It was the only option for a socially sanctioned intimate relationship and was the setting in which …
Just Monogamy?, Elizabeth F. Emens
Just Monogamy?, Elizabeth F. Emens
Faculty Scholarship
Right now, marriage and monogamy feature prominently on the public stage. Efforts to lift state and federal prohibitions on same-sex marriage have inspired people across the political spectrum to speak about the virtues of monogamy’s core institution and to express views on who should be included within it. In this brief comment, I want to talk about something else. Like an “unmannerly wedding guest,” I want to invite the reader to pause amidst the whirlwind of marriage talk, to think about alternatives to monogamy. In particular, I want to talk about multiparty relationships, or “polyamory,” as these relationships are called …