Law Commons^™

Accepting Educational Responsibility For Social Justice: Homeless Mothers’ And Children’S Need Of Education About Health And Nutrition, Smita Guha

Journal of Vincentian Social Action

The goal is to improve health and nutrition among new mothers and their children who were living in shelters. The mothers received workshops and booklets consisting of information, quick and healthy recipes, and learned how to prepare home-made meals with a low budget. The mothers realized nutritious foods are important for them and their children. They learned how to manage time to make nutritious food at the residence. Children regardless of their background, are our future and we need to pay attention to their needs now so that future problems could be prevented. The significance of this study is immense …

Gender Responsive Reentry: Supporting Mothers And Their Children, Michaela Bruder, Ally Malueg, Neve Patterson, Courtney Schallock

Master of Social Work Student Policy Advocacy Briefs

The unique needs and experiences of women with children are not reflected in Minnesota’s state reentry approach or federal reentry approach. The number of women in the correctional system has been steadily rising, which means more women, many of them mothers, are returning to their families and communities without the programming and supports needed to successfully resume their roles as parent and provider. Minnesota must invest in a gender-responsive reentry approach tailored specifically to the needs of women with children.

Sb 338: Amendments Relating To Medicaid Postpartum Coverage, Ivona Relja, Meredith Elkin

Georgia State University Law Review

This Act amends Medicaid postpartum coverage for mothers from a period of six months to one year. The Department of Human Services will provide postpartum care Medicaid coverage to mothers for a period of one year following the date pregnancy ends.

Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Prenatal Drug Exposure As Aggravated Circumstances, Frank E. Vandervort

Articles

In Michigan, "a child has a legal right to begin life with sound mind and body." Yet the family court may not assert Juvenile Code jurisdiction until after birth. In re Baby X addressed the question of whether a parent's prenatal conduct may form the basis for jurisdiction upon birth. It held that a mother's drug use during pregnancy is neglect, allowing the court to assert jurisdiction immediately upon the child's birth. In deciding Baby X, the Court specifically reserved the question of whether parental drug use during pregnancy might be sufficient to permanently deprive a parent of custody. …

Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch

Seattle University Law Review

This Comment asserts that students who experience discrimination on the basis of parental status have a cause of action under Title IX by using the gender stereotyping theory that is common in Title VII analysis as illustrated by Tingley-Kelley v. Trustees of the University of Pennsylvania. Part I will first provide an overview of the applicable law surrounding Title IX and Title VII. Part II will briefly summarize application of the gender stereotype theory and the applicable case law that provides the legal framework for this proposition. Part III will detail how the Title VII framework can be followed to …

Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Left Out In The Cold, Kayla Rivera

Capstones

Left Out In The Cold is a film about two mothers on the hunt to find justice after their sons were brutally murdered. Both cases are based in the Bronx, remain unsolved, and have been classified as “cold cases,” meaning they no longer have any leads.

For over three months I followed Yamilet Gambaro and Glenda Soto. They do not know each other but these women share the same pain.

Yamilet’s 17-year-old son Joshua Baez was stabbed in the heart on his way home on April 7, 2012. In October of the same year, she moved to Florida to get …

Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks

Publications

This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to require the state to make more extensive efforts to locate biological fathers, to require pregnant women to notify men of their impending paternity, or to require new mothers to give biological fathers access to infants.

These proposals disregard the mother's existing parental rights and …

A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse., Andrew J. Weisberg, Frank E. Vandervort

Articles

Substance abuse is a significant social problem in America. It is estimated that some eighteen million Americans have an alcohol abuse problem and that almost five million have a drug abuse problem. According to the National Institute on Drug Abuse, substance abuse costs some $700 billion per year Substance abuse is a major contributor to child maltreatment. It is estimated that between one- and two-thirds of cases in which children enter foster care are linked to parental substance abuse. Unfortunately, this may be an underestimate as recent research suggests that many cases, particularly cases in which children have been exposed …

Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras

Michigan Journal of Gender & Law

In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for “the right to life of the unborn,” which was deemed “equal” to the right to life of the “mother.” Since then, enshrining fetal rights in constitutions and in legislation has emerged as a key part of anti-abortion campaigning. This Article traces the constitutionalization of fetal rights in Ireland and its implications for law, politics, and women. In so doing, it provides a salutary tale of such an approach. …

Lactation Intolerance: Trivializing The Struggles Of Working Mothers & The Need For A More Diverse Judiciary, Thomas H. Limbrick

Missouri Law Review

Part II of this Note provides a brief background of the facts and the Eighth Circuit’s ultimate holding in Ames. Part III discusses the legal history of Title VII and legislative efforts to prohibit discrimination in the workplace. Part IV examines the Eighth Circuit’s reasoning. Finally, Part V comments on the supposed limited use of summary judgment in employment discrimination cases, the reasonableness of Ames’s actions, the effect of stereotypes in employment discrimination, the role that the identity of the judiciary plays in discrimination cases, and how this case could have been prevented by appropriate human resource (“HR”) management practices. …

Newfound Religion: Mothers, God, And Infanticide, Susan Ayres

Susan Ayres

This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silenced, so their acts cannot be seen as subversive feminist gestures. Part III, however, arguest that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …

Newfound Religion: Mothers, God, And Infanticide , Susan Ayres

Susan Ayres

This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silences, so their acts cannot be seen as subversive feminist gestures. Part III, however, argues that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …

Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak

Pace Law Review

This note opens the prison doors and delves into the United States female prison system, primarily focusing on the positive and negative impact of nursery programs on mothers and children, along with potential constitutional claims that can be brought against these programs. Part I provides a general background about the American prison system, and briefly touches on the constitutional standards of prisoners’ rights. It also discusses the history and development of female prisons and illustrates the rapid increase of female incarceration. Part II focuses on the prevalence of mothers within the female population in prisons. Part III introduces prison nursery …

Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen

Rona Kaufman Kitchen

Mothers who are the victims of domestic violence face unique challenges in their quest for safety. The legal response to domestic violence requires that mothers respond to abuse in specific state-sanctioned manners. However, when mothers respond accordingly, such as by reporting abuse and leaving the abusive relationship, their safety and the safety of their children is not guaranteed. Moreover, by responding in state-sanctioned manners, mothers risk a host of negative consequences including increased threat to their immediate and long-term safety, the loss of their children, undesired financial, health, and social consequences, and criminal prosecution. On the other hand, when mothers …

Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen

Rona Kaufman Kitchen

In its zealous effort to protect the lives and health of unborn children, the law frequently views the expecting mother with suspicion. In its most extreme form, the law regards the potential mother as a potential murderess. This perspective does not reflect the nature of pregnancy, it undermines the autonomy of loving mothers, and it is detrimental to children. Regardless of whether there is any conflict between mother and fetus, the State presumes the mother to be a threat to her fetus and subjugates her rights as a result. The State interferes with the mother’s autonomy, bodily integrity, parental rights, …

Breastfeeding On A Nickel And A Dime: Why The Affordable Care Act's Nursing Mothers Amendment Won't Help Low-Wage Workers, Nancy Ehrenreich, Jamie Siebrese

Michigan Journal of Race and Law

As part of the Patient Protection and Affordable Care Act of 2010 (also known as “Obamacare”), Congress passed a new law requiring employers to provide accommodation to working mothers who want to express breast milk while at work. This accommodation requirement is a step forward from the preceding legal regime, under which federal courts consistently found that “lactation discrimination” did not constitute sex discrimination. But this Article predicts that the new law will nevertheless fall short of guaranteeing all women the ability to work while breastfeeding. The generality of the Act’s brief provisions, along with the broad discretion it assigns …

Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin

Department of Justice Studies Faculty Scholarship and Creative Works

Research has consistently shown that most women under the control of the criminal justice system are mothers. The robustness of this finding has been accompanied by a failure to consider the characteristics and needs of women without children. In this study, we examine data on 1,334 formerly incarcerated women. Findings indicate that while mothers and non-mothers share some characteristics, they differ on several others, most notably demographic profile, mental health, and timing of contacts with the criminal justice system. These results suggest a need to recognize the diversity among women offender groups, particularly when developing policies and programs need.

The Payoffs And Pitfalls Of Laws That Encourage Shared Parenting: Lessons From The Australian Experience, Patrick Parkinson

Dalhousie Law Journal

A fierce argument is raging in various jurisdictions around the world about whether legislation should encourage shared parenting when mothers and fathers live apart. Much attention has been paid to changes to the law in Australia in 2006; however, there are many myths about the impact of those legislative changes. This article explains the changes and places them in the context of developments across the western world in the law of parenting after separation. It then reviews the research evidence on the effects of the 2006 reforms, particularly in terms of the encouragement of shared care. The article concludes by …

Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This Article examines the psychosocial processes of risk construction and explores how these processes intersect with core principles of Anglo-American law. It does so by critiquing current cultural and legal perceptions that mothers, especially pregnant women, pose a risk to their children’s health. The Article’s core argument is that during the last four decades, both American society and American law have increasingly come to view mothers as a primary source of risk to children. This intense focus on the threat of maternal harm ignores significant environmental sources of injury, including fathers and other men, as well as exposure to toxic …

Pam Johnston Dahl Helm: Lost To Our Mothers, Diana Wood Conroy

Faculty of Law, Humanities and the Arts - Papers (Archive)

In the time I knew Pam Johnstoni during her doctoral study at the University of Wollongong (1995-1998) the search for mothers, the need for certain and indissoluble affections underpinned her art and writing. The father was lost and absent: there was a constant matrilineal momentum in her positioning of herself. “To explore mother daughter relationships, to examine oral histories as a way back to Aboriginal connections to land”, she wrote, was pivotal to her work (Johnston 1997, p.5). As a tribute to her, and because of my admiration for her courage and passion for justice I would like to tease …

Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels

Michigan Journal of Gender & Law

For more than thirty years, adoption law reform advocates have been seeking to restore for adult adoptees the right to access their original birth certificates, a right that was lost in all but two states between the late 1930s and 1990. The advocates have faced strong opposition and have succeeded only in recent years and only in eight states. Among the most vigorous advocates for access are birth mothers who surrendered their children during a time it was believed that adoption would relieve unmarried women of shame and restore them to a respectable life. The birth mother advocates say that …

Role Of Mothers In The Family, Church And Society, Chinedu Chibueze Ihenetu-Geoffrey

Chinedu Chibueze Ihenetu-Geoffrey

Much of the confusion and misunderstanding with regard to the role of women in the church, family and in society, has to do with the failure of recognizing that the family, like any other institution in society, is influenced by changes taking place in society. The family, like individuals, does not operate in a social vacuum, but in a socio-cultural-historical environment, which changes with time. The role of mothers in today’s world has grown past the traditional and African role of motherhood exemplified by being ‘perpetual housewives’. Their roles now transcend into the society, the church and most importantly, the …

Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard

Michigan Journal of Gender & Law

Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …

Poor Mothers And Lonely Single Males: The ‘Essentially’ Excluded Women And Men Of Australia, Roger Patulny, Melissa Wong

Faculty of Law, Humanities and the Arts - Papers (Archive)

It is unclear how much gendered social exclusion and disconnection reflects a problem or a preference. Women may prefer market-disengagement despite the risk of exclusion from ‘normal’ social activities through financial incapacity, and men may prefer marketengagement despite the risk of disconnection from informal social networks. This article examines these issues amongst Australian men and women. It finds women, particularly single and low-income mothers, are more socially excluded, and men, particularly single middle-aged men, are the most socially disconnected, after preferences. Future policy should be cognisant of contact preferences, intra-household support dynamics, long work hours and prevailing gender norms.

Off-Balance: Obama And The Work-Family Agenda, Rona Kaufman Kitchen

Rona Kaufman Kitchen

During his bid for the Presidency, Barack Obama specifically identified work-family conflict as a key issue that would receive attention and reform if he became President. After entering the White House, President Obama continued to consistently articulate that work-family balance issues were a priority for America's families and for his administration. In May 2011, the President reaffirmed his dedication to the issues that face working parents, stating that his administration was, "striving to help mothers in the workplace by enforcing equal pay laws and addressing workplace flexibility as families balance the demands of work, child and elder care, and education." …

Mothering As A Life Course Transition: Do Women Go Straight For Their Children?, Venezia Michalsen

Department of Justice Studies Faculty Scholarship and Creative Works

In this study, qualitative, in-depth interviews were conducted with 100 formerly incarcerated mothers to explore the relationship between attachment to children and desistance from criminal behavior. Exploratory data analysis revealed that mothers do believe that children play important roles in their desistance, consistent with the tenets of life course theory. However, children were also described as sources of great stress, which may in turn promote criminal behavior. Women also related desistance to reliance on self and a higher power, and to a desire to avoid future involvement with the criminal justice system. The article concludes with a call for more …

Hiv And Women: Incongruent Policies, Criminal Consequences, Aziza Ahmed

Aziza Ahmed

The new agency UN WOMEN must play an active role in the standardization of laws and policies at the global and national level where their incongruence has negative and often criminal consequences for the health and lives of women and girls. This article focuses in on three such examples: opt-out testing for HIV, criminalization of vertical transmission, and the new World Health Organization guidelines on breastfeeding.

Sweden, Singapore, And The States: A Comparative Analysis Of The Impact Of Taxation On The Welfare Of Working Mothers, Nancy Shurtz

Saint Louis University Law Journal

No abstract provided.