Heterosexuality, it seemed, was little more than a set of palliative prescriptions for the worst of human behavior, and children became the victims. Our conceptions of children and childhood were being put at risk as gays and lesbians were denied marriage. Writing lesbian and gay families into the law of marriage became the better option. Among the many important tools feminist legal theorists have given scholars is antiessentialism: Yet at the same time, feminist legal theory tends to view men through an essentialist lens, in which men are created equal. The study of masculinities, inspired by feminist theory to explore the construction of manhood and masculinity, questions the real circumstances of men, not in order to deny men's privilege but to explore in particular how privilege is constructed, and what price is paid for it.
This book exhorts readers to apply the antiessentialist model—so dominant in feminist jurisprudence—to the study of masculinities. It demonstrates how men's treatment by the law and society in general varies by race, economic position, sexuality, and other factors. The book applies these insights to both boys and men, examining how masculinities analysis exposes both privilege and subordination. It examines men's experience of fatherhood and sexual abuse, and boys' experience in the contexts of education and juvenile justice.
Ultimately, the book calls for a more inclusive feminist theory, which, by acknowledging the study of masculinities, can broaden our understanding of male privilege and subordination. From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses.
In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But this book argues that alimony is often the only practical tool for ensuring that divorce does not treat today's primary caregivers as if they were suckers. The suggested solution is to radically reconceptualize alimony as a marriage buyout. The buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right.
The quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, the book outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children.
Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. This book develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts.
By applying multidimensional masculinities theory to law, the book both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the United States and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey.
Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied. While many young people become lawyers for the big bucks, others are motivated by the pursuit of social justice, seeking to help people for whom legal services are financially, socially, or While many young people become lawyers for the big bucks, others are motivated by the pursuit of social justice, seeking to help people for whom legal services are financially, socially, or politically inaccessible.
These progressive lawyers often bring a considerable degree of idealism to their work, and many leave the field due to insurmountable red tape and spiraling disillusionment. But what about those who stay? And what do their clients think? This book explores how progressive lawyers and their clients negotiate the dissonance between personal idealism and the realities of a system that doesn't often champion the rights of the poor.
The book draws on over fifty interviews with urban legal service lawyers and their clients to provide readers with a compelling behind-the-scenes look at how different notions of practice can present significant barriers for both clients and lawyers working with limited resources, often within a legal system that many view as fundamentally unequal or hostile.
Through consideration of the central themes of progressive lawyering—autonomy, collaboration, transformation, and social change—the book presents a subtle and complex tableau of the concessions both lawyers and clients often have to make as they navigate the murky and resistant terrains of the legal system and their wider pursuits of justice and power. This book aims at nothing less than a complete reform of the existing juvenile justice system: Uniformly, the book agrees that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities.
Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, the chapters envision a system responsive to the needs of youth as well as to the community's legitimate need for public safety. The book asks how can the ideals of equality, freedom, liberty, and self-determination transform the system? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development?
Drawing upon interdisciplinary work, as well as on-the-ground programs and experience, the book sketches out the parameters of such a system.
Jamie R. Abrams
Providing the principles, goals, and concrete means to achieve them, it imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society. No federal law in the United States requires that egg or sperm donors or recipients exchange any information with the offspring that result from the donation.
Donors typically enter into contracts Donors typically enter into contracts with fertility clinics or sperm banks which promise them anonymity. The parents may know the donor's hair color, height, IQ, college, and profession; they may even have heard the donor's voice. But they do not know the donor's name, medical history, or other information that might play a key role in a child's development.
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And, until recently, donor-conceived offspring typically did not know that one of their biological parents was a donor. But the secrecy surrounding the use of donor eggs and sperm is changing.
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And as it does, increasing numbers of parents and donor-conceived offspring are searching for others who share the same biological heritage. This book details how families are made and how bonds are created between families in the brave new world of reproductive technology. It shows how these new kinship bonds dramatically exemplify the ongoing cultural change in how we think about family.
When a child is conceived from sexual intercourse between a married, heterosexual couple, the child has a legal father and mother. Whatever may happen thereafter, the child's parents are legally Whatever may happen thereafter, the child's parents are legally bound to provide for their child, and if they don't, they'-re held accountable by law.
But what about children created by artificial insemination? When it comes to paternity, the law is full of gray areas, resulting in many cases where children have no legal fathers. This book argues that the courts should take steps to ensure that all children have at least two legal parents. Additionally, state legislatures should recognize that more than one class of fathers may exist and allocate paternal responsibility based, again, upon the best interest of the child.
The book includes concrete methods for dealing with different types of cases, including anonymous and non-anonymous sperm donors, married and unmarried women, and lesbian couples. In so doing, it first establishes different types of paternity, and then draws on these to create an expanded definition of paternity. This is the first book to provide a detailed history of how lesbian, gay, bisexual, and transsexual LGBT parents have turned to the courts to protect and defend their relationships with their This is the first book to provide a detailed history of how lesbian, gay, bisexual, and transsexual LGBT parents have turned to the courts to protect and defend their relationships with their children.
It chronicles the stories of LGBT parents who, in seeking to gain legal recognition of and protection for their relationships with their children, have fundamentally changed how American law defines and regulates parenthood. To this day, some courts are still not able to look beyond sexual orientation and gender identity in cases involving LGBT parents and their children. Yet on the whole, the stories are of progress and transformation: The birth of the first test tube baby in focused attention on the sweeping advances in assisted reproductive technology ART , which is now a multi-billion-dollar business in the United States.
Sperm and eggs are bought and sold in a market that has few barriers to its skyrocketing growth. While ART has been an invaluable gift to thousands of people, creating new families, the use of someone else's genetic material raises complex legal and public policy issues that touch on technological anxiety, eugenics, reproductive autonomy, identity, and family structure.
How should the use of gametic material be regulated? Should a child ever be able to discover the identity of her gamete donor? Who can claim parental rights? This book explores these issues and many more, noting that although such questions are fundamental to the new reproductive technologies, there are few definitive answers currently provided by the law, ethics, or cultural norms. The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement's greatest triumphs.
This book argues, however, that the resulting This book argues, however, that the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state's priorities for women's goals.
The book explores how the legal system's response to domestic violence developed, why that response is flawed, and what we should do to change it. It argues for an anti-essentialist system, which would define abuse and allocate power in a manner attentive to the experiences, goals, needs and priorities of individual women.
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The book imagines a legal system based on anti-essentialist principles and suggests ways to look beyond the system to help women find justice and economic stability, engage men in the struggle to end abuse, and develop community accountability for abuse. Extraordinary changes in patterns of family life—and family law—have dramatically altered the boundaries of parenthood and opened up numerous questions and debates.
What is parenthood and why does it What is parenthood and why does it matter? How should society define, regulate, and support it? Date - Oldest Top. A gripping explanation of the biases that lead to the blaming of pregnant women and mothers.
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In , a mentally disabled young woman in Utah was charged by prosecutors In the era of zero tolerance, we are flooded Foster care agencies team up with companies to take disability and survivor benefits from abused and neglected children. States and their revenue consultants use illusory Murphy and Jana B. Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. American political and legal culture is uncomfortable with children's sexuality.
While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with Dowd , Foreword by Charles J. A call for better child care policies, exploring the reasons why there has been so little headway on a problem that touches so many families.
Working mothers are common in the United States. In over half of all two-parent