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Articles 1 - 22 of 22
Full-Text Articles in Law
In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez
In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez
Articles in Law Reviews & Other Academic Journals
This Article argues that the Inter-American System of Human Rights has contributed to a family system that embraces gender equality and non-heterosexual and gender non-conforming families. It argues that the system had, from its inception, an expansive idea of the family that included associations outside marriage. This was the basis for a robust development of the concepts of equality and non-discrimination by the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights. Although the IACtHR has only decided a handful of cases related to the non-heterosexual family, its rich case law on equality and the right to …
Why The Legal Strategy Of Exploiting Immigrant Families Should Worry Us All, Jamie Abrams
Why The Legal Strategy Of Exploiting Immigrant Families Should Worry Us All, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This article applies a family law lens to explore the systemic and traumatic effects of modern laws and policies on immigrant families. A family law lens widens the scope of individuals harmed by recent immigration laws and policies to show why all families are affected and harmed by shifts in state power, state action, and state rhetoric. The family law lens reveals a worrisome shift in intentionality that has moved the state from a bystander to family-based immigration trauma to an incendiary agent perpetrating family trauma.
Modern immigration laws and policies are deploying legal and political strategies that intentionally sever …
Towards Establishing Parenthood By Agreement In Jewish Law, Yehezkel Hezi Margalit
Towards Establishing Parenthood By Agreement In Jewish Law, Yehezkel Hezi Margalit
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Polarization Of Reproductive And Parental Decision-Making, Jamie Abrams
The Polarization Of Reproductive And Parental Decision-Making, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
Women’s abortion decision-making and parental decision-making in child rearing are constructed as polarized methods of decision-making. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This article exposes the ground to be gained by crossing longstanding boundaries in family law and reproductive …
Overcoming Biased Views Of Gender And Victimhood In Custody Evaluations When Domestic Violence Is Alleged, Ruth Leah Perrin
Overcoming Biased Views Of Gender And Victimhood In Custody Evaluations When Domestic Violence Is Alleged, Ruth Leah Perrin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Minors, Parents, And Minor Parents, Maya Manian
Minors, Parents, And Minor Parents, Maya Manian
Articles in Law Reviews & Other Academic Journals
As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This Article argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars …
Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez
Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez
Books
This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when …
Distorted And Diminished Tort Claims For Women, Jamie Abrams
Distorted And Diminished Tort Claims For Women, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
Childbirth is distinctly characterized in tort law by the literal emergence of a potential putative plaintiff. This Article seeks to position the birthing woman — distinct from the pregnant woman or the parent — squarely within the negligence framework and, in doing so, to challenge prevailing assumptions dominating obstetric medical decision-making. The existence of two patients and two putative plaintiffs is unique to childbirth, yet largely unexamined in tort. This Article examines how the dominant focus on fetal harms in modern childbirth overshadows the birthing woman in tort and distorts the normative dualities of childbirth.
While theoretically childbirth falls within …
Re-Problematizing Anger In Domestic Violence Advocacy, Deborah Cantrell
Re-Problematizing Anger In Domestic Violence Advocacy, Deborah Cantrell
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian
Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian
Articles in Law Reviews & Other Academic Journals
Abortion-related parental involvement mandates raise important family law issues about the scope of parents’ power over their children’s intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article suggests using insights from family law relating to functional parenthood and third party caregiving as a basis for crafting more capacious methods of ensuring adult guidance for teenage girls facing an unplanned pregnancy. Recent developments in family law bolster the case for reforming parental involvement legislation to allow teenagers to consult with …
Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters
Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero
Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters
Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero
Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey
Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino
Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino
Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey
Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck
Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Reconceiving The Family: Challenging The Paradigm Of The Exclusive Family, Alison Harvinson Young
Reconceiving The Family: Challenging The Paradigm Of The Exclusive Family, Alison Harvinson Young
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Pillow Talk, Richard Hyland
Pillow Talk, Richard Hyland
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
American University Journal of Gender, Social Policy & the Law
No abstract provided.