Author: Solangel Maldonado


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.


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.


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.



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



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 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


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.


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.


Introducing Guest Blogger Aníbal Rosario Lebrón

I am delighted to welcome Aníbal Rosario Lebrón who will be blogging with us this month.  Professor Rosario Lebrón is a Puerto Rican law professor, linguist, and Aníbal Rosario Lebrónphotographer. He is currently the Ralph S. Petrilli Distinguished Visiting Assistant Professor at the University of Louisville School of Law.  He graduated with a B.S. in Biology and a J.D. from the University of Puerto Rico. Professor Rosario Lebrón’s teaching career began at the University of Puerto Rico School of Law where he taught for three years as an Adjunct Professor and served as an adviser for the Trial Advocacy Association and coach for the Law School’s trial advocacy teams. He also taught in the Pre-Law Program of the Interdisciplinary Studies Department of the Liberal Arts College of the University of Puerto Rico, Río Piedras Campus. After receiving his LL.M. in Legal Theory from New York University School of Law, Professor Rosario Lebrón taught for three years as a Visiting Assistant Professor at Hofstra University. Professor Rosario Lebrón’s research examines how certain narratives are used in Family Law, Criminal Law, and Evidence to subdue various groups based mainly on their gender and sexual identities. Professor Rosario Lebrón is also committed to closing the educational achievement gap and has worked on numerous initiatives toward this end.

Professor Rosario Lebrón’s recent publications include:

For Better and for Better: The Case for Abolishing Civil Marriage, 5 Wash. U. Jur. Rev. 189 (2013).

La juridificación de la familia y su construcción como ente apolítico [The Juridification of the Family and its Construct as a Non-Political Entity], Revista Electrónica del Instituto de Investigaciones Ambrosio L. Gioja, Año V, Número Especial, 616 (2011).

De invisibilidad, torceduras y rectitud, todas las familias tenemos un poco [All families are a bit queer, invisible, and straight], Revista Cayey Núm. 89:71 (noviembre 2009).

La revolución dentro de la revolución: Una mirada a la situación de la mujer en la Cuba socialista [The Revolution within the Revolution: A Perspective on the Condition of Women in Socialist Cuba], 75 REV. JUR. UPR 731 (2006).

You can find his SSRN page here.


Introducing Guest Blogger Richard Storrow

storrowI am delighted to welcome Richard Storrow, Professor of Law at City University of New York School of Law, who will be blogging with us this month. Professor Storrow brings human rights and social justice perspectives to his comparative scholarship on the regulation of assisted reproduction. His recent articles have explored the legal dimensions of crossborder reproductive care, the use of the proportionality principle by European courts reviewing restrictions on assisted reproduction, and the resurrection of illegitimacy classifications in the regulation of international commercial surrogacy. During the fall of 2010, he was a Fulbright Scholar to Spain where he conducted research on the development of the Spanish law of human assisted reproduction. Storrow teaches courses in property, real estate transactions, wills and trusts, family law, and reproductive technology. He is a graduate of Columbia Law School.

Professor Storrow’s recent publications include:

The Proportionality Problem in Cross-Border Reproductive Care, in The Globalization of Health Care: Legal and Ethical Issues (I. Glenn Cohen ed., 2013).

New Thinking on Commercial Surrogacy, 88 INDIANA L.J. 1281 (2013).

Religion, Feminism and Abortion: The Regulation of Assisted Reproduction in Two Catholic Countries, 42 RUTGERS L.J. 725 (2012).

 “The Phantom Children of the Republic”: Surrogacy, Globalization and the New Illegitimacy, 20 AMERICAN UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY & THE LAW 561 (2012).

Medical Conscience and the Policing of Parenthood, 16 WILLIAM & MARY JOURNAL OF WOMEN & THE LAW 369 (2010).

Therapeutic Reproduction and Human Dignity, 20 LAW & LITERATURE 257-274 (2009).

You can find his SSRN page here.


Introducing Guest Blogger Julie Goldscheid

GoldscheidI am delighted to welcome Professor Julie Goldscheid who will be blogging with us in October. Professor Goldscheid is a Professor of Law at CUNY School of Law, where she teaches courses including civil procedure, lawyering, gender, psychology and law, and gender and the law, and in the family law and equality concentrations.  She writes and speaks widely about gender equality, with a particular focus on gender-based violence and economic equality.  Before joining the CUNY faculty, she held positions including senior staff attorney and acting legal director at Legal Momentum (formerly NOW Legal Defense and Education Fund).  She spearheaded that organization’s legal work to end violence against women, which included defending the constitutionality of the civil rights remedy of the 1994 Violence Against Women Act in courts nationwide, and before the U.S. Supreme Court in United States v. Morrison.  She subsequently served as General Counsel of Safe Horizon, a leading victim assistance, advocacy, and violence prevention organization, where she oversaw its direct service, policy, and governance matters. She has served on the Board of Directors of the Stonewall Community Foundation and other NGO’s, and has been active in bar association committees and task forces.

Professor Goldscheid has served as a Senior Fellow/ Sabbatical Visitor at the Center for Gender and Sexuality Law at Columbia Law School, and as a Visiting Scholar at the Graduate Center of the City University of New York.  She is a graduate of New York University School of Law, from which she was awarded a “Recent Graduate Award.”

Her recent publications include:

The Parallel Processes of Law & Social Change: Gender Violence and Work in the United States and South Africa, chapter in Martha Fineman & Estelle Zinsstag, ed, Transitional Justice (2013).

Gender and Equality Law (Edited volume, Ashgate Publishing, 2013).

Rethinking Civil Rights and Gender Violence, 14 Geo. J. Gender & L. 43 (2013).

Elizabeth M. Schneider, et al., Implementing the Inter-American Commission on Human Rights’ Domestic Violence Ruling, 46 Clearinghouse Rev. J. L. & Pol’y 113 (July-Aug. 2012) (author of section of article).

Disparate Impact’s Impact: The Gender Violence Lens, 90 Ore. L. Rev. 33 (2011).

You can find her SSRN page here.