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Full-Text Articles in Law
Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore
Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore
Faculty Scholarship
Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood. Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomy--it is easy …
What Is Parenthood?: Contemporary Debates About The Family Introduction, Linda C. Mcclain, Daniel Cere
What Is Parenthood?: Contemporary Debates About The Family Introduction, Linda C. Mcclain, Daniel Cere
Faculty Scholarship
Extraordinary changes in patterns of family life – and family law – have dramatically altered the boundaries of parenthood and opened up numerous questions about debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Despite this uncertainty, the intense focus on the definition and future of marriage diverts attention from parenthood. Demographic reports suggesting a shift away from marriage and toward alternative family forms also keep marriage in constant public view, obscuring the fact that disagreements about marriage are often grounded in deeper, conflicting convictions about parenthood. This book (as the posted …
Private Ordering Under The Ali Principles: As Natural As Status, Martha M. Ertman
Private Ordering Under The Ali Principles: As Natural As Status, Martha M. Ertman
Faculty Scholarship
No abstract provided.
What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman
What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Care As A Public Value: Linking Responsibility, Resources, And Republicanism, Linda C. Mcclain
Care As A Public Value: Linking Responsibility, Resources, And Republicanism, Linda C. Mcclain
Faculty Scholarship
I begin this Article with the preceding two statements concerning care for children because they focus on the relationship between resources and responsibility and capture two conflicting approaches to that relationship. The first statement resists a definition of "responsibility" that leaves out the work of social reproduction, that is, of caring for children and preparing them to take their place as responsible, self-governing members of society. Highlighting the lack of resources that poor parents face when tackling the work of social reproduction, the statement also suggests common ground among parents across class lines as to the importance of caring for …
'Irresponsible' Reproduction, Linda C. Mcclain
'Irresponsible' Reproduction, Linda C. Mcclain
Faculty Scholarship
In recent years, there have been countless calls for reversing the rise in irresponsibility in American society.' Calls for restoring personal responsibility in both private and political life sound from both of the major political parties as well as from various cultural critics, pundits, and academics. 2 Proponents of a return to personal responsibility wage their battle on numerous fronts, advocating a cultural revolution, a moral revival, and a recovery of "virtue" to bring about a reformation of attitudes and behaviors regarded as troublesome. 3 Many voices now urge that law and public policy should encourage, or require, personal responsibility …