Author: Solangel Maldonado

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Health Law Retreat Call for Works-in-Progress

Seton Hall Law School’s Center for Health & Pharmaceutical Law & Policy is pleased to announce the inaugural Mid-Atlantic Health Law Works-in-Progress Retreat, which will be held on February 10, 2017, at Seton Hall Law School in Newark, New Jersey. The purpose of the retreat is to give regional health law scholars an opportunity to share their work and exchange ideas in a friendly, informal setting. The retreat is open to anyone with an academic appointment in health law (including professors, fellows, and visitors) in any institution of higher education in the mid-Atlantic area.

The retreat will consist of an in-depth discussion of approximately 5-6 draft papers. A designated commentator will first provide a 10-15 minute overview of each paper, as well as his or her reactions. The author will then have 5 minutes to respond, following which all retreat participants will participate in a general discussion of the draft.

Persons interested in having their papers presented should submit a preliminary draft or, if that is not possible, a detailed abstract, no later than November 18 to Carl Coleman at Seton Hall Law School. Papers to be presented will be selected by December 9, and final drafts will be due on January 20. Drafts will be made available to all participants on a password-protected website.

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Introducing Guest Blogger Jane Murphy

I am delighted to welcome Jane Murphy, the Laurence M. Katz Professor of Law at the University of Baltimore murphy copySchool of Law, who will be visiting with us this month.  Professor Murphy has published widely on family and children’s issues. Her articles have appeared in the in the Cornell Law Review, Notre Dame Law ReviewNorth Carolina Law Review, the ABA Family Law Quarterly and several other journals. She is also the co-author of two books on family conflict resolution. She is the recipient of numerous grants to conduct empirical research to improve the legal system, including a two-year domestic violence study funded by the National Institute for Justice.  She has also chaired the American Bar Association’s Committee on Clinical and Skills Education and regularly serves on ABA site accreditation teams for the law schools throughout the country. She is on the Editorial Board of the Family Court Review. She received the University System of Maryland’s 2004 Award for Faculty Excellence and was the first recipient of the University of Baltimore’s Presidential Faculty Award in 2004.

Professor Murphy is the recipient of numerous other awards including the 2015 Pro Bono Resource Center of Maryland’s 25th Anniversary Honoree Partner Award, the 2011 Maryland Legal Aid Centennial Champion of Human Rights and Justice, The Daily Record‘s 2004 Leadership in Law Award and the 2003 Benjamin L. Cardin Distinguished Service Award. In 1999, Murphy was named one of Maryland’s Top 100 Women, and, in 1996, received the law school’s Full-Time Faculty Outstanding Teaching Award.

Professor Murphy has lectured on comparative family law at the University of Aberdeen, Scotland, the University of Sarajevo and Shandong University, China. In spring 2000, she was a visiting professor at the Washington University School of Law in St. Louis, Missouri. Murphy is a member of the District of Columbia, Maryland, and New York bars.

Her recent publications include:

Moving Family Dispute Resolution from the Court System to the Community, 75 Md. L. Rev. Endnotes 11 (2016)(co-authored with Jana Singer)

Divorced from Reality: Rethinking Family Dispute Resolution (NYU Press 2015) (with Jana Singer).

The Role of Political and Social Movements on Women’s Entry into the Legal Profession in Maryland: 1902 – 1918, in Finding Justice (Thompson/UVA Press 2015).

Family Mediation Theory and Practice (co-author with Robert Rubinson) (Lexis/Nexis 2nd Edition 2015)

Revitalizing the Adversary System in Family Law, 78 U.Cin. L. Rev. 891 (2010)

Resolving Family Conflicts (co-editor with Jana Singer) (Ashgate 2008)

Legal Images of Fatherhood: Welfare Reform, Child Support Enforcement, and Fatherless Children, 81 Notre Dame L. Rev. 118 (2005)

You can find her SSRN page here.

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Introducing Guest Blogger Jana B. Singer

JSinger copy 2I am delighted to introduce Professor Jana B. Singer who will be blogging with us this month.  Jana Singer is Professor of Law at the University of Maryland Frances King Carey School of Law.  She teaches courses on family law, contracts, constitutional law, and collaborative law and practice.  A 1981 graduate of Yale Law School, she has written widely on family and children’s issues and on family dispute resolution.  Her publications include Divorced From Reality: Rethinking Family Dispute Resolution (NYU Press, 2015) (with Jane Murphy) and Resolving Family Conflicts (Ashgate, 2008) (with Jane Murphy).  Professor Singer is a member of the American Law Institute and a past Chair of the Family and Juvenile Law Section of the American Association of Law Schools.  She currently serves on the editorial board of the Family Court Review and as President of the Divorce Roundtable, an interdisciplinary group of attorneys, judges, mediators and mental health professionals, dedicated to improving the process of divorce and parental separation for children and families.

Her recent publications include:

Divorced From Reality: Rethinking Family Dispute Resolution (with Jane C. Murphy) (New York University Press, 2015)

Divorce American Style: Review of Wendy Paris, Splitopia: Dispatches From Today’s Good Divorce, 50 Family Law Q. 139 (2016) (with Naomi Cahn)

Moving Family Dispute Resolution From The Court System to the Community, 75 Maryland L. Rev. Endnotes 9 (2016) (with Jane Murphy)

Bargaining in the Shadow of the Best Interests Standard: The Close Connection Between Substance and Process in Resolving Divorce-Related Parenting Disputes, 77 Law & Contemp. Prob. 177 (2014)

You can find her SSRN page here.

 

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Introducing Holning Lau

Lau Headshot copyI am delighted to welcome Holning Lau, Professor of Law and Associate Dean for Faculty Development at the University of North Carolina School of Law, who will be blogging with us this month.  Professor Lau’s current research examines international and comparative approaches to issues of gender and sexuality. He is working on projects that focus on the European Union (supported by the European Union’s Horizon 2020 Programme), Hong Kong (supported by a grant from the University of Hong Kong), and South Africa (supported by competitive grants from UNC). He is also putting final touches on an essay that draws on his own experiences with fatherhood to examine public policy proposals concerning parenting, including proposals for the United States to adopt Nordic-style laws that govern workplace parental leaves.

Prior to joining the faculty at UNC, Prof. Lau was an Associate Professor and Co-Director of the LGBT Rights Fellowship Program at Hofstra University School of Law. Before that, he was a Fellow at UCLA’s Williams Institute. He has also held visiting fellowships at the University of Hong Kong’s Centre for Comparative and Public Law.

His selected publications include:

You can find his Google Scholar page here, and his SSRN page here.

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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.