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Full-Text Articles in Law
Caring For Children And Caretakers, Mary Becker
Caring For Children And Caretakers, Mary Becker
Chicago-Kent Law Review
This Commentary remarks on the work of Fineman and Williams, particularly their contributions to this Symposium. Both argue for better supports for caretakers and link such support to equality for women. In addition, this Commentary remarks on a recent article by Katherine Franke attacking feminist arguments for support of caretakers. Becker argues that better social and economic supports for caretakers and their dependents are necessary, not just to lessen the inequality between women and men, but as key components of a government fulfilling its primary goal—ensuring that all citizens are able to develop their capabilities.
Taking Care, Katherine M. Franke
Taking Care, Katherine M. Franke
Chicago-Kent Law Review
In this Commentary, Franke seeks to historically contextualize the Symposium contributions of Fineman and Williams. Given that both Fineman and Williams urge a larger role for the state, the market, and private employers in addressing the demands of human dependency, Franke turns to the experiences of African Americans in the immediate post-Civil War period to illuminate the precedent for externalizing the costs of dependency outside the family, as well as the complexities of so doing. The experiences of African Americans during this time instruct that public support brings with it a set of disciplinary norms that render that support a …
Care, Work, And The Road To Equality: A Commentary On Fineman And Williams, Michael Selmi
Care, Work, And The Road To Equality: A Commentary On Fineman And Williams, Michael Selmi
Chicago-Kent Law Review
In this Commentary, Selmi questions whether a strategy designed to enable wo- men to devote more time to care work is likely to lead to greater equality for women. Selmi canvasses recent data on women's labor force activity and suggests that the key to equality remains with attaining greater convergence in men's and women's work behavior.
Raced Histories, Mother Friendships, And The Power Of Care: Conversations With Women In Project Head Start, Lucie E. White
Raced Histories, Mother Friendships, And The Power Of Care: Conversations With Women In Project Head Start, Lucie E. White
Chicago-Kent Law Review
This Article seeks to disrupt the polarized debate about care that is taking shape among feminist scholars. Drawing from ethnographic interviews with low-income wo- men in a South Central Los Angeles Head Start program, White sets forth a conception of care that is grounded in historical practices within African American communities for confronting race and gender violence, affirming each person's dignity and potential, and promoting social justice.
Unraveling Privilege: Workers' Children And The Hidden Cost Of Paid Childcare, Mary Romero
Unraveling Privilege: Workers' Children And The Hidden Cost Of Paid Childcare, Mary Romero
Chicago-Kent Law Review
In this Article, Romero argues that individual solutions to the problem of childcare in the United States results in hidden costs of paid reproductive labor that is transferred to the families of private household workers and nannies. Without a nationally funded childcare program that provides services for all families, regardless of economic means or citizenship status, employers are unwilling to pay a living wage and benefits to workers. Socially appropriate mothering prescribed by childcare experts, advocates child-centered, emotionally demanding, labor-intensive, and financially draining methods. The substitute mothering that is currently purchased by hiring domestics and nannies transfers the more physical …
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
Chicago-Kent Law Review
This Article argues that care is a public value and that facilitating it is a component of government's responsibility to foster persons' capacities for self-government. Ample foundation for recognizing this value may be found in feminism and liberalism; this Article also suggests that important civic republican ideals, such as the political economy of citizenship, might be reconstructed to support it. "Welfare reform, phase two," with its rhetoric of supporting "working families," offers an opportunity to think creatively about institutional arrangements that would move the United States closer to a new caregiving order and to address the human costs of the …
Advance Pricing Agreements: Confidential Return Information Or Written Determinations Subject To Release?, John L. Abramic
Advance Pricing Agreements: Confidential Return Information Or Written Determinations Subject To Release?, John L. Abramic
Chicago-Kent Law Review
Since the inception of the IRS Advance Pricing Agreement ("APA") program in 1991, the IRS, in order to protect participant confidentiality, had refused to disclose APAs. In 1996, The Bureau of National Affairs filed suit against the IRS in order to force disclosure of APAs. Before the dispute was resolved in 1999, Congress amended section 6103 of the tax code to include APAs among the types of confidential tax return information that may not be publicly disclosed. This Note discusses the law relevant to the issue of whether or not APAs should be disclosed, the recent litigation concerning APA disclosure, …
When History Is History: Maxwell Street, "Integrity," And The Failure Of Historic Preservation Law, Mark D. Brookstein
When History Is History: Maxwell Street, "Integrity," And The Failure Of Historic Preservation Law, Mark D. Brookstein
Chicago-Kent Law Review
As part of its $500-million expansion, the University of Illinois, Chicago Campus, is expanding its present campus south over the area that includes historic Maxwell Street, Chicago's entry point for disparate ethnic and racial groups. Interested parties sought to have the area declared a historic district under the National Historic Preservation Act in order to prevent demolition of many buildings in the area. The nomination was subsequently rejected by the keeper of the National Register, after the city of Chicago recommended against nomination due to Maxwell Street's blighted condition. This Note explores historic preservation law in general and as it …
Abandoned Equity And The Best Interests Of The Child: Why Illinois Courts Must Recognize Same-Sex Parents Seeking Visitation, Laurie A. Rompala
Abandoned Equity And The Best Interests Of The Child: Why Illinois Courts Must Recognize Same-Sex Parents Seeking Visitation, Laurie A. Rompala
Chicago-Kent Law Review
In Illinois, the Illinois Marriage and Dissolution of Marriage Act ("IMDMA") governs child custody and visitation issues. In the past, Illinois courts have adopted common law equitable principles to find standing for individuals who play significant parental roles in a child's life, and who seek visitation. Recognizing that it serves the best interests of the child, these courts have exercised their equitable powers to find standing for individuals who are the practical equivalent of parents. The Illinois Appellate court In re C.B.L. recently rejected this common law tradition when asked to find standing for a nonbiological lesbian co-parent seeking visitation. …
The E-Sign Act: The Means To Effectively Facilitate The Growth And Development Of E-Commerce, Scott R. Zemnick
The E-Sign Act: The Means To Effectively Facilitate The Growth And Development Of E-Commerce, Scott R. Zemnick
Chicago-Kent Law Review
In this new world of electronic communications and digital information technology, e-commerce is not only forcing companies to redefine the means of conducting their business, but it is also changing the basic legal infrastructure. There is currently an enormous amount of activity underway by the states to clarify the law regarding the conduct of e-commerce transactions. Though the various state legislative initiatives, including the Uniform Electronic Transactions Act, show an agreement among the states to develop a legal infrastructure that will support the use of security procedures with the public policy goal of further facilitating the growth and development of …
The Second Coming Of Care, Kathryn Abrams
The Second Coming Of Care, Kathryn Abrams
Chicago-Kent Law Review
In this Commentary on White's article, Abrams examines the differences between two incarnations of the feminist conversation about care: an early version, that viewed care as a characteristic of, or emanation from, women; and a more contemporary version, that focuses on caregiving as an often undervalued social practice, central to the lives of many women but also performed by others. Abrams examines the ways in which White's article forms a bridge between these two moments, and also offers a new conception of law's relation to caregiving and other feminist goals: a view of law as enabling, rather than producing …
How High The Apple Pie? A Few Troubling Questions About Where, Why, And How The Burden Of Care For Children Should Be Shifted, Mary Anne Case
How High The Apple Pie? A Few Troubling Questions About Where, Why, And How The Burden Of Care For Children Should Be Shifted, Mary Anne Case
Chicago-Kent Law Review
In this Commentary, Case urges more careful thought from a feminist perspective about the as yet underexplored details and implications of proposals to shift more of the burden of care for children from mothers to employers or the state. Among her concerns is that some possible ways of structuring employer or governmental responsibility risk further increasing the advantages of men with wives and children at the expense of relatively untraditional women such as the childless and those in jobs disproportionately occupied by men with dependent spouses.
From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan Williams
From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan Williams
Chicago-Kent Law Review
This Article introduces the notion of gender not as difference or as dominance, but as tradition. The work of Pierre Bourdieu and Judith Butler are tapped for insights into the cultural system that defines the relationship of market work to family work; the term "domesticity" is used to describe that system. Domesticity is presented as an important, if partial, model that offers crucial insights into the work/family axis of gender—and into the strengths and limitations of conceptualizing work/family issues in terms of "care." This Article argues that "care" is work, and distinguishes seven distinct types of care work.