Author: Solangel Maldonado

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Introducing Guest Blogger Nancy E. Dowd

dowd-nancyI am delighted to welcome Professor Nancy E. Dowd who will be joining us for a guest visit this month.  Professor Dowd holds the David H. Levin Chair in Family Law at the University of Florida, Levin College of Law.  Professor Dowd’s research focuses on social justice issues connected to family law, and therefore touches on not only family law but also juvenile law, constitutional law, race and gender analysis, and social change theories. She is currently engaged in research and writing about a developmental model of equality and focusing on the life course of African American boys from birth to age 18.  Two of Professor Dowd’s most recent books focus on the radical reform needed in the juvenile justice system.  Justice for Kids: Keeping Kids Out of the Juvenile Justice System (NYU Press 2011) brings together activists and scholars to articulate ways to keep kids out of the juvenile justice system, by diversion into other more helpful and supportive resolutions.  A New Juvenile Justice System: Total Reform for a Broken System (NYU Press 2015) articulates the vision of a new youth justice system focused on child well being and public safety. Her other recent book is The Man Question: Male Privilege and Subordination (NYU Press 2010), in which she explores masculinities theories as a means to expand gender analysis and also incorporate other hierarchies that affect gender, particularly race and class.

Professor Dowd served as the Director of the Center on Children and Families at the University of Florida, Levin College of Law until 2015, and in that role focused on issues of juvenile justice, social justice, non-traditional families, gay and lesbian rights, and collaboration with the Center for the Study of Race and Race Relations on issues of race and families. While director, she was also involved with successful grants that established the Intimate Partner Violence Assistance Clinic led by Professor Teresa Drake, a groundbreaking collaboration between law and medicine to establish a cutting edge clinic. That work has exposed the importance of trauma informed scholarship and service, and feeds back into Professor Dowd’s current scholarship as well.

Her other recent publications include:

  • A Developmental Equality Model for the Best Interests of Children, in Implementing Article 3 of the United Nations Convention on the Rights of the Child: Best Interests, Welfare and Well-Being (Elaine E. Sutherland & Lesley Anne Barnes Macfarlane, eds., Cambridge University Press, forthcoming 2016)
  • Collaborative Law at Divorce in the United States, in “Le ragioni degli altri”. Mediazione e famiglia tra conflitto e dialogo: una prospettiva comparatistica ed interdisciplinare (“The reasons of the others.” Mediation and family between conflict and dialogue: a comparative and interdisciplinary perspective) (Elena Urso ed. 2014).
  • Unfinished Equality: The Case of Black Boys, 2 Ind. J.L. & Soc. Equality 36 (2013)
  • What Men? The Essentialist Error of The “End of Men,” 93 B.U. L. Rev. 1203
  • Asking the Man Question: Masculinities Analysis and Feminist Theory, in Exploring Masculinities: Feminist Legal Theory Reflections (Michael Thomson & Martha Fineman eds., Ashgate 2013)
  • Sperm, Testosterone, Masculinities, and Fatherhood, 13 Nev. L.J. 101 (2013)
  • Fatherhood and Equality: Reconfiguring Masculinities, XLV Suffolk U. L. Rev. 1049 (2012)
  • Masculinities and Law: Feminist Legal Theory Meets Masculinities Theory (with Nancy Levit & Ann McGinley), in Masculinities and Law: A Multidimensional Approach (Frank Rudy Cooper & Ann McGinley eds., New York University Press, 2012)

You can find her ssrn page here

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Symposium on Exposed: Desire and Disobedience in the Digital Age

Frank Pasquale and I are delighted to introduce Professor Bernard Harcourt and the participants of our online symposium on his provocative new book Exposed: Desire and Disobedience in the Digital Age (Harvard University Press 2015).  Here is the description of the book from HUP’s webpage:

Social media compile data on users, retailers mine information on consumers, Internet giants create dossiers of who we know and what we do, and intelligence agencies collect all this plus billions of communications daily. Exploiting our boundless desire to access everything all the time, digital technology is breaking down whatever boundaries still exist between the state, the market, and the private realm. Exposed offers a powerful critique of our new virtual transparence, revealing just how unfree we are becoming and how little we seem to care.

Bernard Harcourt guides us through our new digital landscape, one that makes it so easy for others to monitor, profile, and shape our every desire. We are building what he calls the expository society—a platform for unprecedented levels of exhibition, watching, and influence that is reconfiguring our political relations and reshaping our notions of what it means to be an individual.

We are not scandalized by this. To the contrary: we crave exposure and knowingly surrender our privacy and anonymity in order to tap into social networks and consumer convenience—or we give in ambivalently, despite our reservations. But we have arrived at a moment of reckoning. If we do not wish to be trapped in a steel mesh of wireless digits, we have a responsibility to do whatever we can to resist. Disobedience to a regime that relies on massive data mining can take many forms, from aggressively encrypting personal information to leaking government secrets, but all will require conviction and courage.

We are thrilled to be joined by an amazing group of scholars to discuss this groundbreaking work, including Concurring Opinions co-founder Daniel Solove, Frank Pasquale (the co-organizer of this symposium), Lisa Austin, Ann Bartow, Mary Anne Franks, David Pozen, Olivier Sylvain, and, of course, Bernard Harcourt.   They will be posting throughout the week so check in daily and as always, we encourage you to join the discussion.

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Upcoming Symposium on Exposed: Desire and Disobedience in the Digital Age  

Starting next Monday, March 14, we will be hosting a week-long symposium on Professor Bernard Harcourt’s provocative new book Exposed: Desire and Disobedience in the Digital Age (Harvard University Press 2015).  In Exposed, Professor Harcourt urges us to recognize and resist the threats to our privacy and freedoms posed by our digital transparence.  To discuss Exposed, we will be joined by a leading group of scholars including Concurring Opinions co-founder Daniel Solove, Frank Pasquale (the co-organizer of this symposium), Lisa Austin, Ann Bartow, Mary Anne Franks, David PozenOlivier Sylvain, and, of course, Bernard Harcourt.  Mark your calendars March 14-18.

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Introducing Guest Blogger Jenny-Brooke Condon

I am delighted to welcome Professor Jenny-Brooke Condon who will be joining us for a guest visit this month. Professor Condon is an Associatecondon-jenny-brooke-lg_1 Professor of Law in the Center for Social Justice at Seton Hall Law School where she directs the Equal Justice Clinic. Her research and practice interests are in the areas of human rights, immigration law, prisoners’ rights, and constitutional law.

Professor Condon was a lead attorney in Matter of A-T, a challenge to the denial of asylum to a victim of female genital mutilation, which in conjunction with a national advocacy effort, resulted in a precedential decision by the Attorney General establishing that victims of gender-based violence are entitled to equal treatment under the asylum laws. Through the Equal Justice Clinic, she also litigated an equal protection challenge to the denial of state-funded healthcare benefits to low-income, lawful permanent residents on the basis of their alienage status before the New Jersey Supreme Court. Currently the clinic is counsel in matters addressing conditions for prisoners at a county jail, the death penalty in Alabama, public access to information regarding private prison contractors’ influence on immigration detention policy, and the deaths of migrants along the southern border.

Prior to rejoining the Seton Hall Law School faculty in 2010, Professor Condon was a John J. Gibbons Fellow in Public Interest and Constitutional Law at Gibbons P.C. where she engaged in a wide range of public interest litigation within New Jersey and nationally. During her fellowship, Professor Condon co-counseled with the ACLU in Freedom of Information Act litigation compelling the disclosure of the Office of Legal Counsel’s so-called “torture memos,” which purported to authorize the abuse of prisoners detained abroad; successfully advocated on behalf of a local citizen’s group to defend a municipal gun control ordinance in the New Jersey Supreme Court; and contributed to the criminal defense of Ali al-Marri, the last remaining enemy combatant held on U.S. soil. Her work as a Gibbons Fellow also addressed such issues as marriage equality, police misconduct, and capital punishment. As a clinical teaching fellow and Visiting Professor at Seton Hall Law from 2005-2008, Professor Condon represented numerous survivors of torture, trafficking, and domestic violence in successful claims for asylum and other immigration relief. She also helped supervise a civil litigation clinic focused on the revitalization of urban communities plagued by foreclosure and predatory lending.

In 2008, Professor Condon organized and led Seton Hall’s annual delegation of students and faculty to L’École Supérieure Catholique de Droit de Jérémie in Haiti and was a member of the delegation in 2007. Following graduation from law school, Professor Condon served as a law clerk to the Honorable Barry T. Albin, Associate Justice of the New Jersey Supreme Court. She then served as the Litigation Director for the World Organization for Human Rights in Washington, D.C. Professor Condon graduated from Seton Hall Law School magna cum laude, where she was a Chancellor Scholar, was inducted into the Order of the Coif, and served as an editor of the Law Review.

Her publications include:

The Preempting of Equal Protection for Immigrations, ____ Wash. & Lee L. Rev. ____ (forthcoming 2015)

 Illegal Secrets, 91 Wash. U. L. Rev. 1099 (2014)

 Extraterritorial Interrogation: The Porous Border Between Torture and U.S. Criminal Trials, 60 Rutgers L. Rev. 3 (2008)

You can find her ssrn page here.

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Online Symposium on Merle Weiner’s “A Parent-Partner Status for American Family Law”

9781107088085It is an honor to introduce Professor Merle Weiner and the participants of our online symposium on A Parent-Partner Status for American Family Law (Cambridge University Press). This week we will be discussing Professor Weiner’s provocative new book, which critiques the law’s reliance on marriage, domestic partnerships, and contracts to set the parameters of parents’ legal relationship to each other rather than looking to their status as parents.   Professor Weiner proposes creating a legal “parent-partner” status to guide parents to act as supportive partners and discourage uncommitted couples from having children together. Her proposed status would shift the focus from the adults’ romantic relationships to the parental partnership.

At a time when many adults are increasingly postponing or foregoing marriage, but not childbearing, A Parent-Partner Status raises many important and difficult questions. What are the risks of creating a legal parent-partner status?  Should the law be in the “relationship work” business? How would a parent-partner status affect non-traditional families?  What are its potential risks and benefits for families that have experienced domestic violence? Should the law attempt to discourage reproduction between uncommitted individuals?

To consider these and many other fascinating questions, we have invited a group of leading family law scholars: Professors Richard Banks, Brian Bix, Naomi Cahn, June Carbone, Leigh Goodmark, Clare Huntington, Jane Murphy, and of course, Professor Weiner.

Let the discussion begin.

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Upcoming Online Symposium on Merle Weiner’s “A Parent-Partner Status for American Family Law”

9781107088085During the week of October 26, 2015, we will be hosting an online symposium on Professor Merle Weiner’s provocative new book A Parent-Partner Status for American Family Law (Cambridge University Press). In this book, Professor Weiner critiques our current legal approach to parental relationships in which the birth or adoption of a child has little significance for parents’ legal relationship to each other. She argues that the law’s reliance on marriage, domestic partnerships, and contracts to set the parameters of parents’ legal relationship is outdated and requires a new legal and social structure to guide parents so they act as supportive partners and to deter uncommitted couples from having children together.  Drawing from psychology, sociology and biology, she proposes the creation of a “parent-partner” status within family law and shifts the legal framework away from the traditional focus on romantic relationships to the realities of parental partnership.

To discuss A Parent-Partner Status, we will be joined by an exciting group of scholars (including Merle Weiner): Richard Banks, Brian Bix, Naomi Cahn, June Carbone, Leigh Goodmark, Clare Huntington, Alicia Kelly, and Jane Murphy.

Mark your calendars October 26-31.

 

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Mushy Language and the Limits of Intimate Agreements: Reflections on Love’s Promises

It is an honor to be invited to comment on Professor Martha Ertman’s thought-provoking and excellent book. I have taught family law for 15 years and devote a lot of class time to assisted reproduction, adoption, palimony, and prenuptial agreements—in other words, contracts. However, until I read Love’s Promises, I, like many others, did not fully appreciate the ubiquity of contracts in families and family law. After all, we rarely refer to agreements between intimate partners as “contracts”—apparently preferring the softer “agreement” as in co-parenting agreement, cohabitation agreement, or prenuptial agreement—precisely because we don’t think (or want to think) about contracts and love in the same sentence. Professor Ertman deftly demonstrates that we all rely on contracts and non-legally binding agreements (which she calls “deals”) in our intimate relationships to our benefit. I found it impossible to read Love’s Promises without examining my own family relationships and noticing how many contracts and deals we have created. But in the end Love’s Promises is a love story between co-parents, between a parent and a child, and between intimate partners—a love story made possible by carefully thought-out contracts. Read More

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CALL FOR PAPERS (EXTENDED UNTIL MAY 8, 2015)

National Business Law Scholars Conference (NBLSC)

Thursday & Friday, June 4-5, 2015
Seton Hall University School of Law, Newark, NJ

This is the sixth annual meeting of the NBLSC, a conference which annually draws together legal scholars from across the United States and around the world. We welcome all scholarly submissions relating to business law. Presentations should focus on research appropriate for publication in academic journals, law reviews, and should make a contribution to the existing scholarly literature. We will attempt to provide the opportunity for everyone to actively participate. Junior scholars and those considering entering the legal academy are especially encouraged to participate.

To submit a presentation, email Professor Eric C. Chaffee at eric.chaffee@utoledo.edu with an abstract or paper by May 8, 2015. Please title the email “NBLSC Submission – {Name}”. If you would like to attend, but not present, email Professor Chaffee with an email entitled “NBLSC Attendance.” Please specify in your email whether you are willing to serve as a commentator or moderator.

For registration and hotel information, go to http://law.shu.edu/events/national-business-law-conference/

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Introducing Guest Blogger Sean Williams

shw395-mediumI am delighted to welcome Professor Sean Williams, from the University of Texas School of Law, who will be joining us for a guest visit this month. Professor Williams writes in the areas of tort theory, family law, and behavioral law and economics.  He has examined the role of happiness research in tort awards, the implications of individual justice accounts of tort law for damages in wrongful death suits, and the empirical and philosophical justifications for allocating more safety resources to children compared to adults.  He has also examined bargaining dynamics between spouses in post-nuptial negotiations, the resilience of overly optimistic beliefs in marriage, consumer contracts, and employment relationships, and the broad legal implications of ambiguity aversion.

Prof. Williams graduated with High Honors from the University of Chicago Law School.  Before his appointment at the University of Texas School of Law, he was a Climenko Fellow and Lecturer on Law at Harvard Law School. Prior to his legal career, he analyzed large national datasets to uncover trends in teen pregnancy and risky adolescent behaviors more generally.

His recent publications include:

Probability Errors: Over-Optimism, Ambiguity Aversion, and the Certainty Effect, in The Oxford Handbook on Behavioral Economics and the Law (2014).

Statistical Children, 30 Yale J. Reg. 63 (2013).

Lost Life and Life Projects, 87 Indiana L. J. 1745 (2012).

Self-Altering Injury, 96 Cornell L. Rev. 535 (2011).

Sticky Expectations: Responses to Persistent Over-Optimism in Marriage, Employment Contracts, and Credit Card Use, 84 Notre Dame L. Rev. 733 (2009).

Postnuptial Agreements, 2007 Wis. L. Rev. 827 (2007).

You can find his ssrn page here.

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Introducing Guest Blogger Kathryn Fort

I am delighted to welcome Kathryn E. Fort who will be blogging with us this month. Ms. Fort is the Staff Attorney for the IndigenousKate 2 Law and Policy Center at Michigan State University College of Law. She joined the Center in 2005 as the Indigenous Law Fellow. In her role with the Center she teaches both an experiential learning class and traditional classes in federal Indian law, researches and writes on behalf of Center clients, and manages administrative aspects of the Center. She is also the director of the QUICWA Collaborative Court Monitoring Program for Oakland and Ingham Counties. Ms. Fort has written articles on laches and land claims, and the Indian Child Welfare Act. Her publications include articles in the George Mason Law Review, Saint Louis University Law Journal, and American Indian Law Review. She co-edited Facing the Future: The Indian Child Welfare Act at 30 with Wenona T. Singel and Matthew L.M. Fletcher (Michigan State University Press 2009). She also co-edits the popular and influential Indian law blog, TurtleTalk.

Ms. Fort graduated magna cum laude in from Michigan State University College of Law with the Certificate in Indigenous Law, and is licensed to practice law in Michigan. She received her B.A. in History with honors from Hollins University in Roanoke, Virginia.

Her recent publications include:

Tribal Disruption and Indian Claims (with Matthew Fletcher and Nicholas J. Reo), 112 Mich. L. Rev. First Impressions (2014)

The Vanishing Indian Returns: Tribes, Popular Originalism, and the Supreme Court, 57 St. Louis U. L.J. 297 (2013)

Indian Children and Their Guardians Ad Litem (with Matthew Fletcher), 95 Boston University Law Review Annex 59 (2013)

Waves of Education: Tribal-State Court Cooperation and the Indian Child Welfare Act, 47 Tulsa L. Rev. 529 (2012)

Disruption and Impossibility: New Laches and the Unfortunate Resolution of the Iroquois Land Claims in Federal Court, 11 Wyoming L. Rev. 375 (2011)

You can find her SSRN page here.