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Articles 1 - 7 of 7
Full-Text Articles in Law
The Curious Relationship Of Marriage And Freedom, Katherine M. Franke
The Curious Relationship Of Marriage And Freedom, Katherine M. Franke
Faculty Scholarship
Marriage is surely at a crossroad, as the chapters in this volume so richly attest. In fact, marriage may be at more than one crossroad, some pointing toward new, uncharted terrain, others amounting to intersections we have visited before. My principal interest in exploring this dynamic moment in the evolution of the institution of marriage is to better understand why and how today's marriage equality movement for same-sex couples might benefit from lessons learned by African Americans when they too were allowed to marry for the first time in the immediate post–Civil War era. I find it curious that the …
Bargaining For Motherhood: Postadoption Visitation Agreements, Carol Sanger
Bargaining For Motherhood: Postadoption Visitation Agreements, Carol Sanger
Faculty Scholarship
This Article is about the use of contract in family formation. More specifically, I want to look at how contract is now used by parents in the process of acquiring children and, as we shall see, also as a means of retaining interests in those same children under the developing regime of open adoption.
Legal Regulation Of Twenty-First-Century Families, Marsha Garrison, Elizabeth S. Scott
Legal Regulation Of Twenty-First-Century Families, Marsha Garrison, Elizabeth S. Scott
Faculty Scholarship
This post includes the table of contents, introduction and our comment as the editors of an interdisciplinary volume that explores the implications for law and policy of changes in marriage and family over the past half century. The volume includes chapters by leading social science researchers and family law scholars whose work focuses on these matters. The book captures the complexity of debates about the regulation of marriage and families and the best policy paths forward, through contributions by authors with widely varying perspectives. But it also aims to inform these debates by situating them in a framework grounded in …
Neuroscience And The Child Welfare System, Clare Huntington
Neuroscience And The Child Welfare System, Clare Huntington
Faculty Scholarship
Increasingly, scholars and policymakers are calling for programs that take a preventive approach to child abuse and neglect, rather than our current tendency to respond only after a crisis. There are significant social and economic arguments supporting this shift. The Nurse-Family Partnership, developed by David Olds and discussed in this symposium, illustrates how specific investments in family functioning can lower rates of child abuse and neglect, leading to a host of positive outcomes for children and society, from greater educational attainment to less involvement in the criminal justice system. Thinking about child well-being more broadly, the Nobel laureate James Heckman …
Representing Children At The Intersection Of Domestic Violence And Child Protection, Annette Appell, Joshua Gupta-Kagan
Representing Children At The Intersection Of Domestic Violence And Child Protection, Annette Appell, Joshua Gupta-Kagan
Faculty Scholarship
Reflecting evolving norms surrounding the legitimacy of intimate violence, the law has made steady progress toward acknowledging that domestic violence is not a private family matter, but instead demands public assistance to help survivors of that violence protect themselves and their children. Most recently, child advocates, juvenile court judges, and domestic violence advocates have joined in a concerted effort to address the co-occurrence of domestic violence and child abuse and neglect, coordinate responses and remedies among the various court systems, and develop methods to avoid re-victimizing mothers and children through legal process. This article traces civil remedies and barriers domestic …
Integrating Humanities Into Family Law And The Problem With Truths Universally Acknowledged, Carol Sanger
Integrating Humanities Into Family Law And The Problem With Truths Universally Acknowledged, Carol Sanger
Faculty Scholarship
Family Law differs from the other subjects under discussion today in at least two respects. As a matter of curricular location, it is not always considered a core course. I am therefore grateful for Melissa Murray’s public recognition of the “coreness” of Family Law within a legal education. Second, if one purpose of integrating humanities into the core curriculum is to humanize the law, it is probably safe to say that Family Law is already humanized enough. The subject comes fully loaded with all too human conflict and suffering: cruelty, anger, sex, disappointed expectations, and all of these play out …
Why Marriage?, Suzanne B. Goldberg
Why Marriage?, Suzanne B. Goldberg
Faculty Scholarship
In a well-known New Yorker cartoon, a man and a woman sit together on a couch, clearly in the midst of a conversation about marriage for gay and lesbian couples. “Haven't they suffered enough?” one of them asks. Although the cartoon characters jest, the question of why gay people are fighting so hard for the right to marry is a serious one. After all, marriage rates have been dropping steadily in the United States and in much of the world, and divorce rates remain high. Why, then, are lesbians and gay men fighting so hard to join an institution that …