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Family Law in a Changing America
Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contri...
Cases and Materials on Sexual Orientation and the Law
This casebook on the law of sexual orientation and gender identity weaves historical, sociological, and literary perspectives into the legal material. It provides comprehensive coverage of many significant recent developments, including the Supreme Court's 2013 same-sex marriage cases and the regulatory aftermath of the striking down of the Defense of Marriage Act. This edition also adds new material on the interstate recognition of same-sex couples' marriages, First Amendment claims raised by LGBT rights opponents, and family law disputes between LGBT parents. In addition, it significantly expands its coverage of gender identity issues.
Religious Freedom, LGBT Rights, and the Prospects for Common Ground
LGBT, faith, and academic thought-leaders explore prospects for laws protecting each community's core interests and possible resolutions for culture-war conflicts.
Gay Fathers, Twin Sons
For readers concerned about LGBTQ rights and the history of U.S. citizenship policies, get the book that Booklist says is "insightful" and "an accessible human story with a happy ending." The January 2018 headline story in the Los Angeles Times was riveting. Andrew from the United States and Elad Dvash-Banks from Israel married in Canada in 2010 when gay couples could not marry in these countries. The couple conceived fraternal twins, Aiden and Ethan, with a Canadian surrogate by means of egg and sperm donation. The two boys were born just four minutes apart. Aiden was conceived with a donated egg and Andrew's sperm cell, and Ethan was conceived with a donated egg (from the same woman) and E...
Special Issue: Social Movements/Legal Possibilities
Social movements provide the engine of legal change and law itself spurs social movement activity. This issue includes articles on social movements in several different nations, including France, South Africa and Canada, asking us to consider the way context is reflected in movement activities.
Social Parenthood in Comparative Perspective
Investigates social parents – people who function as parents but who may not be recognized as such in the eyes of the law What makes a person a parent? Around the world, same-sex couples are raising children; parents are separating and re-partnering, creating blended families; and children are living with grandparents, family friends, and other caregivers. In these situations, there is often an adult who acts like a parent but who is unconnected to the child through biogenetics, marriage, or adoption—the common paths for establishing legal parenthood. In many countries, this person is called a “social parent.” Psychologically, and especially from a child’s point of view, a social p...
Families, Relational Attachments, and the Law of Collaborative Family-Making
This book points to a crisis at the heart of modern family law’s treatment of “collaborative family-making”: gamete contributions, surrogate motherhood, adoption, functional parenthood, foster care, and kin caregiving. Born of inequality and anchored by exclusivity and secrecy, the dominant legal framework governing collaborative family-making focuses on the acquisition of collaborative services by legal and intended parents without expecting or fostering any lasting bonds between them. This acquisitional framework is starkly disconnected from empirical accounts of the lived experience of collaborations, which demonstrate complex and ongoing relational attachments that extend beyond a ...
Global Gender Constitutionalism and Women's Citizenship
Considers whether and how constitutions have affirmed women's equal citizenship status, from the birth of constitutionalism to the present.
More Than Marriage
Introduces an expansive vision of the family and a brilliant legal arrangement that will protect the lives of millions of adults. Today, about half of all adults are unmarried. Many of those are in significant relationships—some intimate, others based in friendship, finances, or family ties—but the law offers them few protections. Amid the growing recognition that modern families take all shapes, More Than Marriage presents a refreshing vision for the future. With this book, noted family-law expert John G. Culhane takes us on a guided tour of how the march toward marriage equality spun off a number of other legal statuses, and explores how the law has expanded and where it falls short. T...
What Obergefell V. Hodges Should Have Said
Rewriting the Supreme Court's landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how--through legal imagination and political struggle--arguments once dismissed as "off-the-wall" can later become established in American constitutional law.
