Author: Solangel Maldonado


Introducing Guest Blogger Suzanne Kim

I am delighted to welcome Suzanne Kim who will be blogging with us in September.  Professor Kim is Associate Dean for Faculty Development and Judge Denny Chin Scholar at Rutgers UniversSuzanne Kimity School of Law – Newark.  Professor Kim teaches Civil Procedure, Family Law, and Sex Discrimination.  Her scholarship, often interdisciplinary in approach, addresses intersections of family law, gender, sexuality, race, ethnicity, class, culture, and work. Prior to joining the Rutgers faculty, Professor Kim was a lecturer-in-law at Stanford Law School. She has served as an appointed member of the New Jersey Supreme Court Committee on Minority Concerns. Professor Kim earned a B.A. from Yale and a J.D. from Georgetown. She practiced law as a litigation associate with Weil, Gotshal & Manges in New York and served as a law clerk to the Honorable Denny Chin, then of the United States District Court for the Southern District of New York.

Professor Kim’s recent publications and work in progress include:

Marriage Equalities: Gender and Social Norms in Same-Sex and Different-Sex Marriage (in progress, contracted with NYU Press).

Family Leave,” with Laura Kessler and Elizabeth A. Hoffman (in progress).

In the Matter of Baby M (1988)” in New Jersey Goes A-Courting: Ten Legal Cases That Shook the Nation (ed., Paul Tractenberg, Rutgers University Press, 2013).

The Neutered Parent,” 24 Yale J.L. and Feminism 1 (2012)

Skeptical Marriage Equality,” 34 Harv. J.L. & Gender 37 (2011) (nominated for UCLA Williams Institute Dukeminier Award)

Bridging Marriage Skepticism and Marriage Equality,” in Essays On the Cutting Edge: Charting the Future of Sexual Orientation and Gender Identity Scholarship, 19 Tul. J.L. & Sexuality 174 (2010).

Marital Naming/Naming Marriage: Language and Status in Family Law,” 85 Ind. L.J. 893 (2010).

You can find her SSRN page here.


Introducing Guest Blogger Brian Sheppard

sheppard-brian-lg_1I am delighted to welcome guest blogger Professor Brian Sheppard who will be visiting with us this month.  Professor Sheppard is an Associate Professor of Law at Seton Hall Law School.  His current research uses the insights of legal philosophy and the methodologies of behavioral psychology to explore how legal and social norms affect those that are subject to them. His other academic interests include professional responsibility, jurisprudence, torts, legal history, and international law.  In 2011, he was a co-author of the report analyzing the legality of the 2009 Honduran coup for the Truth and Reconciliation Commission of Honduras, a project lauded by numerous governments as well as by the OAS and the UN.

Professor Sheppard joined Seton Hall in 2010 after serving as a Climenko Fellow at Harvard Law School, where he earned his S.J.D.  In the years before his fellowship, he served as a law clerk in Boston for Justice Martha B. Sosman of the Supreme Judicial Court of Massachusetts and for Judge Levin H. Campbell of the United States Court of Appeals for the First Circuit. While studying at Harvard Law School, he continued to work at the First Circuit as a staff attorney, working largely on criminal and immigration cases. He also coordinated the Law Teaching Colloquium of the school’s Graduate Program. Professor Sheppard earned his LL.M. from Harvard Law School and his J.D., cum laude, from Boston College Law School. He is a member of the Massachusetts Bar.

Professor Sheppard’s recent publications include:

For the Sake of Argument: A Behavioral Analysis of Whether and How Legal Argument Matters to Decisionmaking, 40 Fla. St. U. L. Rev. 537 (2013) (with Andrew Moshirnia)

Judging Under Pressure, 39 Fla. St. U. L. Rev. (2012)

Calculating the Standard Error: Just How Much Should Empirical Studies Curb Our Enthusiasm for Legal Standards?, 124 Harv. L. Rev. F. 92 (2011)

Evaluating Norms: An Empirical Analysis of the Relationship Between Norm-Content, Operator, and Charitable Behavior, 63 Vand. L. Rev. (2010) (with Fiery Cushman)

Report to the Commission on Truth and Reconciliation of Honduras: Constitutional Issues, (2011) (with Noah Feldman and David Landau)


Introducing Guest Blogger Zvi Triger

zvi_picI am delighted to welcome Dr. Zvi Triger who will be blogging with us in August.  Dr. Triger is the Vice Dean of the Striks School of Law in Israel.  He received his LL.B. from Tel Aviv University and his LL.M. and J.S.D. from NYU. His main research and teaching fields are contract law, family law, law and sexuality, and legal feminism. Dr. Triger clerked for the Honorable Justice Eliyahu Mazza of the Supreme Court of Israel, and practiced law at Bryan Cave Robinson Silverman LLP in New York. In addition to his extensive academic publications, Dr. Triger has published two books: a novel, “In Case of Emergency” (2005), and “Speechless: How Contemporary Israeli Culture is Reflected in Language” (co-authored with Amalia Rosenblum) (2007).

Dr. Triger’s recent articles include:

Discriminating Speech: On the Heterophilia of Freedom of Speech Doctrine, 19 CARDOZO J.L. & GENDER 349 (2013).

The Child’s Worst Interest: Socio-Legal Taboos on Same-Sex Parenting and their Subversive Impact on Children’s Wellbeing, ISRAEL REVIEW STUDIES (forthcoming 2013).

Gender Segregation as Sexual Harassment, 35 TEL AVIV UNIVERSITY L. REV. 703 (2013).

You Definitely Should Have: A Contractual Look at Israeli Wedding Gift Culture, 35 TEL AVIV L. REV. 51 (2012).

Introducing the Political Family: A New Road Map for Critical Family Law, 13 THEORETICAL INQUIRIES IN LAW 361 (2012).

Fear of the Wandering Gay: Some Reflections on Citizenship, Nationalism and Recognition in Same-Sex Relationships, 8 INTERNATIONAL JOURNAL OF LAW IN CONTEXT 268 (2012).

Freedom from Religion in Israel: Civil Marriages and Cohabitation of Jews Enter the Rabbinical Courts, 27 ISRAEL STUDIES REV. 1 (2012).

Over-Parenting (co-authored with Gaia Bernstein), 44 UC DAVIS L. REV. 1221 (2011).



Introducing Guest Blogger Michael Simkovic

simkovic-michael-lg_1I am delighted to welcome my colleague Professor Michael Simkovic who will be blogging with us through August.  Professor Simkovic is an Associate Professor at Seton Hall Law School where he teaches federal income tax, bankruptcy, and secured transactions.  His research focuses on the regulation of credit markets through the United States Bankruptcy Code, and the regulation of financial markets in general through mandatory disclosure requirements.  Professor Simkovic is an expert on the credit card industry, causes of the financial crisis of 2008, credit default swaps, securitization, leveraged buyouts, fraudulent transfer law (and other avoidance actions), and open market stock repurchases. His research was cited in the U.S. Congress’ Joint Economic Committee report recommending sweeping reforms of the credit card industry, which were enacted in 2009. His research has also been cited by researchers at the Federal Reserve Bank of New York and in popular publications such as the New York Times and USA Today.

Before joining the Seton Hall faculty, Professor Simkovic was an attorney at Davis Polk & Wardwell in New York concentrating in bankruptcy litigation; a strategy consultant at McKinsey & Company, specializing in legal, regulatory and business issues affecting financial services companies; and an Olin Fellow in Law and Economics at Harvard Law School.

Professor Simkovic’s recent articles include:

The Economic Value of a Law Degree (forthcoming 2013) (with Frank McIntyre)

Competition and Crisis in Mortgage Securitization, 88 Ind. L.J. __ (forthcoming 2013) (Winner of the 2012 American College of Consumer Financial Services Lawyers Writing Competition)

Risk-Based Student Loans, 70 Wash. & Lee L. Rev. 527 (2013)

Leveraged Buyout Bankruptcies, The Problem of Hindsight Bias, and the Credit Default Swap Solution, 2011 Colum. Bus. L. Rev. 118 (2011) (with Benjamin Kaminetsky)

The Effect of BAPCPA on Credit Card Industry Profits and Prices, 83 Am. Bankr. L.J. 1 (2009)




Introducing Guest Blogger Kerry Abrams

I am delighted to welcome Professor Kerry Abrams who will be blogging with us this month.  Professor Abrams joined the University of Virginia faculty in 2005, was promoted to full professor in 2010, and is currently the Albert Clark Tate, Jr.,abrams_kerryResearch Professor of Law. Her primary teaching and research interests are in the areas of citizenship law, immigration law, constitutional law, legal history and family law. Abrams has written numerous articles on the intersection of immigration law and family law, the history of immigration law, and the marriage equality movement.

Abrams is a graduate of Swarthmore College, where she earned a B.A. in English literature with highest honors. She attended Stanford Law School, where she was president of the Moot Court Board. After law school, she clerked for Judge Stanwood R. Duval Jr. of the U.S. District Court for the Eastern District of Louisiana and practiced law for several years in the litigation department of the New York City law firm of Patterson, Belknap, Webb & Tyler LLP. From 2002-05, she was acting assistant professor of lawyering at New York University School of Law.

Professor Abrams’ recent publications include:

Plenary Power Preemption, 99 Va. L. Rev. 601 (2013).

Citizen Spouse, 101 Cal. L. Rev. 407 (2013).

What Makes the Family Special?, 80 Chi. L. Rev. 7 (2013).

Marriage Fraud, 100 Cal. L. Rev. 1 (2012).

Peaceful Penetration: Proxy Marriage, Same-Sex Marriage, and Recognition, 2011 Mich. St. L. Rev. 139 (symposium issue).

You can find her SSRN author page here.


Introducing Guest Blogger Vivian E. Hamilton

I am delighted to welcome Professor Vivian E. Hamilton who will be blogging with us this month.  Professor Hamilton is an Associate Professor of Law at William & Mary School of Law where she teaches Civil Procedure, Family Law, and The Constitution and the Family.  Her scholarship has explored the religious foundations of U.S. family law, the democratic state’s obligations to its immature citizens, and the implications of insights from cognitive and developmental neuroscience on civil policies affecting the rights of adolescents and emerging adults.

Prof. Hamilton is the Immediate Past Chair of the AALS Section on Family and Juvenile Law, and has chaired the Section’s Scholarship Review Program. She serves on the boards of ACLU-Virginia and the Foundation of the Williamsburg Public Library.

She holds degrees from Yale College and Harvard Law School, where she was Articles Editor of the Harvard Civil Rights-Civil Liberties Law Review. She clerked for Judge Gladys Kessler of the U.S. District Court for the District of Columbia.

Professor Hamilton’s recent publications include:

Road Rules and Rights: The Irreconcilable Pursuits of Adolescent Life, Liberty, . . . and Licensure (Work-in-Progress).

The Age of Marital Capacity: Reconsidering Civil Recognition of Adolescent Marriage, 92 Boston U. L. Rev. 1773 (2012).

Democratic Inclusion, Cognitive Development, and the Age of Electoral Majority, 77 Brooklyn L. Rev. 1 (2012).

Immature Citizens and the State, 2010 B.Y.U. L. Rev. 100.

You can find her SSRN author page here.


Welcoming Back Gaia Bernstein

I am delighted to welcome back Professor Gaia Bernstein for another guest visit.  Professor Gaia Bernstein specializes in law and technology theory, intellectual property, law and genetics, information privacy, Internet law, reproductive technologies and family law. Her scholarship focuses on the inter-relations between technology, law and society, examining the diffusion processes of new technologies, including both medical and communications technologies. Professor Bernstein’s scholarship has been published in leading law reviews including the Vanderbilt Law Review, the Boston University Law Review, the Washington Law Review and the U.C. Davis Law Review. Her work has been selected to the Stanford-Yale Junior Faculty Forum and received extensive media coverage. Professor Bernstein is the Chair Elect of the Section on Privacy and Defamation and a member of the Executive Board of the Section on Intellectual Property of the American Association of Law Schools.

Professor Bernstein joined the Seton Hall faculty in 2004 and in 2009 was named the Margaret Gilhooley Research Fellow. Prior to joining the Seton Hall faculty, Professor Bernstein was a fellow at the Engelberg Center of Innovation Law & Policy and at the Information Law Institute at the New York University School of Law.  She has a J.S.D. from New York University School of Law, an LL.M. from Harvard Law School, a J.D. (Intellectual Property concentration with Honors) from Boston University School of Law, and a B.A. in Psychology and Political Science (magna cum laude) from Tel Aviv University. Professor Bernstein practiced law at Skadden, Arps, Slate, Meagher & Flom LLP in New York and at S. Horowitz & Co. in Israel.

Her recent articles include:

Ordinary People and the Promotion of Progress (in progress)

Unintended Consequences: Prohibitions on Gamete Donor Anonymity and the Fragile Practice of Surrogacy,  forthcoming Indiana Health Law Review (Symposium) (2012)

Over-Parenting, 44 U.C. Davis L. Rev. 4 (2011) (with Zvi Triger) Article featured in: The NY Times, Forbes, ABC News, ABA Journal Magazine, ABA Journal Website, AOL, Israel’s National Radio, Time-Out Tel-Avivand Yediot’s 7 Days.

In the Shadow of Innovation, 31 Cardozo Law Review 2257 (2010) (Selected to the Stanford-Yale Junior Faculty Forum).

Regulating the Technologies of Reproduction: Timing, Uncertainty and Donor Anonymity, 90 Boston University L. Rev. 1189 (2010)

Direct-to-Consumer Genetic Testing: Gatekeeping the Production of Genetic Information, 79 UMKC Law Review 283 (2010) (symposium)

You can find Gaia’s SSRN author page here.


Welcoming Back Maxine Eichner

I am delighted to welcome back Professor Maxine Eichner for another guest visit.  Maxine is a Professor of Law at the UNC-Chapel Hill School of Law. Her teaching interests include sex equality, family law, employment and employment discrimination law, legal theory and torts. She writes on issues at the intersection of law and political theory, focusing particularly on family relationships, social welfare law and policy; sex equality; and the relationship of the family, the workplace, and market forces.

Professor Eichner attended Yale College and Yale Law School, where she was an articles editor of the Yale Law Journal. She also holds a Ph.D. in political theory from UNC. After law school, she held a Women’s Law and Public Policy Fellowship through Georgetown Law School, clerked for Judge Louis Oberdorfer in the United States District Court for the District of Columbia, and then clerked for Judge Betty Fletcher in the United States Court of Appeals for the Ninth Circuit. She also practiced civil rights, women’s rights, and employment law for several years at the law firm of Patterson, Harkavy, and Lawrence in Raleigh, N.C. before joining the faculty at UNC-Chapel Hill School of Law in 2003.

Professor Eichner is an editor of Family Law: Cases, Text, Problems (2010) (with Ellman, Kurtz, Weithorn, Bix, and Czapanskiy). She is also Reporter for the Uniform Law Commission’s Visitation and Custody Issues Affecting Military Personnel and Their Families Committee.

Her recent publications include:

The Family and the Market Redux, 13 Theoretical Inquiries in Law 1 (2012)

The Supportive State: Families, Government, and America’s Political Ideals (Oxford University Press 2010) (winner Van Hecke-Wettach Award for scholarship).

Families, Human Dignity, and State Support for Caretaking: Why the United States’ Failure to Ameliorate the Work-Family Conflict is a Dereliction of the Government’s Basic Responsibilities, 88 N.C. L. REV. 1593 (2010).

School Surveys and Children’s Education: The Argument for Shared Authority between Parents and the State, 36 Journal of Law and Education 3 (2009)

Feminism, Queer Theory, & Sexual Citizenship, in GENDER EQUALITY: DIMENSIONS OF WOMEN’S EQUAL CITIZENSHIP (with J. Grossman and L. McClain) (Cambridge Press 2009).

You can find Maxine’s SSRN author page here.


Introducing Guest Blogger Tayyab Mahmud

I am delighted to introduce Tayyab Mahmud who will be blogging with us for the next month.  Professor Mahmud is Professor of Law and Director of the Center for Global Justice at Seattle University. He holds a Ph.D. in Political Science, and before going to law school taught International Relations and Political Science.  A graduate of the University of California Hastings College of the Law, he is licensed to practice in California and Pakistan. He started his career as a law professor at Cleveland-Marshall College of Law in 1989 and was a Visiting Scholar at Harvard Law School in 1997-1998. Between 2004-2006, he was Professor of Law and Chair, Global Perspectives Group, at the John Marshall Law School in Chicago. Currently, he is a Law & Public Affairs (LAPA) Fellow at the Woodrow Wilson School of Public and International Affairs at Princeton University.

From 2006-2008, Professor Mahmud was Co-President of the Society of American Law Teachers (SALT), an organization of progressive law teachers working for justice, diversity, and academic excellence. Currently, he serves on the Advisory Committee of the Board of Governors of SALT, and the Steering Committee of the Board of Directors of Latina/o Critical Legal Studies, Inc. (LatCrit). He has served on the editorial boards of The American Journal of Comparative Law, Hastings Int’l & Comparative Law Review, Journal of Third World Legal Studies, and the Journal of Humanities Research.

Professor Mahmud has published extensively in the areas of comparative constitutional law, human rights, international law, legal history and legal theory. His primary research areas are critical legal theory, colonial legal regimes, international law, and post-colonial legal systems. His current research is focused on neoliberal political economy and extra-constitutional usurpation and exercise of power in post-colonial states.

His recent publications include:

Debt and Discipline, 64 AMERICAN QUARTERLY ____ (forthcoming).

Debt, Discipline and the 99%: Neoliberal Reordering of Capitalism and the working Classes, 104 KENTUCKY LJ.  ___ (forthcoming).

Is it Greek or déjà vu all over again?: Neoliberalism, and Winners and Losers of International Debt Crises, 42 LOYOLA CHICAGO  L. J. 629 (2011).

PIGGS, ITraxx Sov, Neoliberalism, and Unshackled Finance Capital, 1 GLOBAL BUSINESS L. REV. 108 (2011).

Colonial Cartographies, Postcolonial Borders, and Enduring Failures of International Law: The Unending War along the Afghanistan-Pakistan Frontier, 20 BROOKLYN J. INT’L L. 1 (2010).

“Surplus Humanity” and Margins of Law: Slums, Slumdogs, and Accumulation by Dispossession, 14 CHAPMAN L. REV. 1 (2010).

Geography of Law & the Law of Geography: A Postcolonial Mapping, 3 WASH. U. JUR. REV. 64 (2010).

Slums, Slumdogs, and Resistance, 18 AM. U. J. GENDER, SOCIAL POLICY & THE LAW 685 (2010).

You can find Professor Mahmud’s SSRN author page here.


Introducing Guest Blogger Angela P. Harris

It is my pleasure to introduce Professor Angela P. Harris who will be visiting with us this month.  Professor Harris joined the U.C. Davis School of Law faculty in 2011. She began her career at the U.C. Berkeley School of Law in 1989, and has been a visiting professor at the law schools of Stanford, Yale, and Georgetown. In 2010-11, at the State University of New York – University at Buffalo School of Law, she served as vice dean of research and faculty development. She writes widely in the field of critical legal theory, examining how law sometimes reinforces and sometimes challenges subordination on the basis of race, gender, sexuality, class, and other dimensions of power and identity. Her writings have been widely anthologized and have been translated into many languages, from Portuguese to Korean.

Harris received her bachelor’s degree from the University of Michigan and a master’s degree in social science (with a specialization in the sociology of culture) from the University of Chicago, where she also received her J.D.  She clerked for Judge Joel M. Flaum on the Seventh Circuit Court of Appeals, and then briefly practiced with the firm of Morrison & Foerster in San Francisco before making her way to Berkeley. At Berkeley Law, Harris taught a variety of courses. Along with her friend Luke Cole, she taught the first seminar on environmental justice at Berkeley Law. At the University at Buffalo, along with Professor Stephanie Phillips, she pioneered a seminar called “Mindfulness and Professional Identity: Becoming a Lawyer While Keeping Your Values Intact.” She is the recipient of the Rutter Award for Distinction in Teaching from Berkeley Law.

Harris is the author of a number of widely reprinted and influential articles and essays in critical legal theory. She is also a prolific co-author of casebooks, including Criminal Law: Cases and Materials; Race and Races: Cases and Materials for a Diverse America; Gender and Law; and Economic Justice. Among other awards for her mentorship of students and junior faculty, she received the 2008 Clyde Ferguson Award from the Minority Section of the Association of American Law Schools.  She is the co-editor of a forthcoming book on the experiences of women of color in academia, entitled Presumed Incompetent: The Intersections of Race and Class for Women in Academia.

Her recent publications include:

Rotten Social Background and the Temper of the Times, 2 Ala. C.R. & C.L. L.Rev. 131 (2011)

Heteropatriarchy Kills: Challenging Gender Violence in a Prison Nation, 37 Wash. U. J. L. & Pol’y 13 (2011)

You can read her selected works here.