Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Gender (2)
- Politics and Social Change (2)
- Public Affairs, Public Policy and Public Administration (2)
- Social Policy (2)
- Arts and Humanities (1)
-
- Asian Studies (1)
- Civil Rights and Discrimination (1)
- Comparative Methodologies and Theories (1)
- Constitutional Law (1)
- Family, Life Course, and Society (1)
- Feminist, Gender, and Sexuality Studies (1)
- Gender and Sexuality (1)
- Human Rights Law (1)
- International and Area Studies (1)
- Legal History (1)
- Medical Specialties (1)
- Medicine and Health Sciences (1)
- Obstetrics and Gynecology (1)
- Policy History, Theory, and Methods (1)
- Public Law and Legal Theory (1)
- Public Policy (1)
- Religion (1)
- Religion Law (1)
- Sociology of Culture (1)
- South and Southeast Asian Languages and Societies (1)
Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine Baker
The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine Baker
All Faculty Scholarship
Most contemporary family law scholarship assumes that propriety of a DNA default for establishing parenthood - a presumption that, in the absence of marriage, whoever had the sex with the mother that resulted in the child should be the father of the child. This article problematizes that DNA default. It demonstrates how the DNA default necessarily magnifies the legal and social importance of sex, discounts the legal significance of women's reproductive labor, and marginalizes all children living outside the binary, heteronormative norm that a genetic regime necessarily edifies. When scrutinized, the DNA default looks just as moralistic and exclusionary as …
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
All Faculty Scholarship
The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.
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 …