Author: Solangel Maldonado


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.


Introducing Guest Blogger Janai S. Nelson

I am delighted to welcome Professor Janai S. Nelson who will be blogging with us this month.  Janai is an Associate Professor of Law and the Associate Director of the Ronald H. Brown Center for Civil Rights and Economic Development at St. John’s University School of Law.  Janai’s scholarship focuses on structural barriers to democratic participation, including voting rights issues, democratic theory, racial discrimination and disparate impact.  Her recent research explores the intersection of the First Amendment and equal protection clause in reconsidering the constitutionality of felon disfranchisement.  She teaches election law, comparative election law, and professional responsibility and, in addition to the Ronald H. Brown Center, is affiliated with St. John’s Center for International and Comparative Law.

Before joining St. John’s, Janai was a Fulbright Scholar at the Legal Resources Center in Accra, Ghana, where she researched the political disfranchisement of persons with criminal convictions.   Prior to receiving the Fulbright award, Professor Nelson was the Director of Political Participation at the NAACP Legal Defense and Educational Fund, Inc. Professor Nelson began practicing law as a litigation associate at the law firm of Fried, Frank, Harris, Shriver & Jacobson and was the 1998 recipient of the NAACP LDF/Fried Frank Fellowship. She received a B.A. from New York University and a J.D. from UCLA School of Law, where she was an Article Editor of the law review.  Janai clerked for the Honorable Theodore McMillian on the United States Court of Appeals for the Eighth Circuit and the Honorable David H. Coar on the United States District Court for the Northern District of Illinois.

Janai’s publications include:

The First Amendment, Equal Protection, and Felon Disfranchisement: A New Viewpoint, ___ Fla. L. Rev. ___ (forthcoming)

Fair Measure of the Right to Vote: A Comparative Perspective of Voting Rights Enforcement in a Maturing Democracy, 18 Cardozo J. Comp. & Int’l Law 425 (2010).

Defining Race:  The Obama Phenomenon and the Voting Rights Act, 72 Alb. L. Rev. 899 (2009).

White Challengers, Black Majorities: Reconciling Competition in Majority-Minority Districts with the Promise of the Voting Rights Act, 95 Geo. L.J. 1287 (2007).

You can find Janai’s SSRN author page here.


Introducing Guest Blogger andré douglas pond cummings

It is my pleasure to introduce Professor andré douglas pond cummings of West Virginia University College of Law as a guest blogger.  Professor cummings teaches and writes about investor protection and corporate law; race, affirmative action and social Justice; and entertainment and sports law.  In addition to teaching at West Virginia where he has been named Professor of the Year numerous times, he has taught at the University of Iowa College of Law, the University of Utah S.J. Quinney College of Law, Temple University Beasley School of Law, Tokyo Japan Campus, and Syracuse University College of Law.

Professor cummings received his J.D. from Howard University and his B.S. from Brigham Young University.  He clerked for Chief Judge Joseph W. Hatchett, United States Court of Appeals for the Eleventh Circuit and Associate Chief Justice Christine M. Durham, Utah Supreme Court.  He was also an associate at Kirkland & Ellis LLP in Chicago where he focused on complex business transactions and public securities offerings.

His recent publications include:

Reversing Field: Examining Commercialization, Labor, Gender and Race in 21st Century Sports Law, Editor (West Virginia University Press) (with Anne Marie Lofaso)

Hip Hop and the Law: The Writings That Formed the Movement, Editor (forthcoming 2012) (with Donald Tibbs)

Coyotes on Wall Street: The Surprising Motivations of Mortgage Meltdown CEOs (forthcoming 2012)

Families of Color in Crisis: Bearing the Crushing Weight of the Financial Market Meltdown, 55 Howard L.J. (forthcoming 2012)

“All Eyez on Me”: America’s War on Drugs and the Prison Industrial Complex, 15 Iowa J. of Gender, Race and Justice (forthcoming 2012)

“It Takes a Nation of Millions”: The Transformative Potential of Hip-Hop, 1 Southern U. Journal of Race, Gender, and Poverty (forthcoming 2012)

Racial Coding and the Financial Market Crisis, 2011 Utah L. Rev. 141 (2011)

Post-Racialism?, 14 Iowa J. of Gender, Race and Justice 601 (2011)

The Associated Dangers of “Brilliant Disguises,” Colorblind Constitutionalism and Post-Racial Rhetoric, 85 Indiana L.J. 1277 (2010)

A Furious Kinship: Critical Race Theory and the Hip Hop Nation, 48 Louisville L. Rev. 499 (2010).

Thug Life: Hip Hop’s Curious Relationship With Criminal Justice, 50 SANTA CLARA L. REV. 515 (2010).

You can find his author page here.



Introducing Guest Blogger Nicole Huberfeld

I am delighted to welcome Professor Nicole Huberfeld who will be blogging with us this month. Nicole is the Gallion & Baker Associate Professor of Law at the University of Kentucky College of Law and Bioethics Associate at the University of Kentucky College of Medicine.  Before joining the UK faculty in 2005, she was the Health Law Faculty Fellow at Seton Hall Law School.  Nicole teaches structural constitutional law and a variety of healthcare law classes.  Her scholarship focuses on the cross-section of constitutional law and federal healthcare programs with a particular interest in federalism and Spending Clause jurisprudence.  Her article, Federalizing Medicaid, will be published this month in the University of Pennsylvania Journal of Constitutional Law.  She has been the recipient of the Duncan Teaching Award, a nominee for the University of Kentucky Great Teacher Award, and a nominee for the ALI Young Scholars Medal.  Prior to academic life, she practiced regulatory and transactional healthcare law in New York and New Jersey.

Nicole’s recent works include:

Post-Reform Medicaid before the Court: Tension between Reinvention and Path Dependence (forthcoming symposium issue, Annals Health L.)

Challenging the Stakeholders: A Review of Laura Katz Olson, The Politics Of Medicaid (forthcoming, J. Legal Med.)

Federalizing Medicaid, 14 U. Pa. J. Const. L. ___ (forthcoming 2011)

Conditional Spending and Compulsory Maternity, 2010 U. Ill. L. Rev. 751

Bizarre Love Triangle: The Spending Clause, Section 1983, and Medicaid Entitlements, 42 U.C. Davis L. Rev. 413 (2008)

Clear Notice for Conditions on Spending, Unclear Implications for States in Federal Healthcare Programs, 86 N.C. L. Rev. 441 (2008)

You can find Nicole’s SSRN author page here.


Introducing Guest Blogger Gilbert A. Holmes

I am delighted to welcome Gilbert A. Holmes, Professor of Law and former Dean of the University of Baltimore School of Law, as a guest blogger.  Professor Holmes joined the University of Baltimore School of Law in the summer of 2001, serving as Dean until 2007.  He previously served on the faculty of Texas Wesleyan University School of Law, where he was associate dean for academic affairs and budget (1999-2001). Professor Holmes also served on the faculties of Southern Methodist Law School (1995-1996), and Seton Hall University School of Law (1990-1994).  Professor Holmes’ principal teaching has been in family law, contracts, and property.  He was twice named Day Division Teacher of the Year at Texas Wesleyan, and was nominated for Teacher of the Year by the Seton Hall Law Student Bar Association on three occasions.

Professor Holmes has published articles on a range of family law and constitutional issues in such journals as The Maryland Law Review, The University of Miami Law Review, Temple Law Review and the Texas Wesleyan Law Review, and has presented on a host of topics at conferences and symposia across the country. He is a member of the American Bar Association, the National Bar Association, and the Association of American Law Schools. He is admitted to practice in New York and before the United States District Court, Eastern and Southern Districts of New York, the United States Court of Appeals Second Circuit, and the United States Supreme Court.

Selected Publications

Conversations About the Intersecting Institutions of Marriage, 4 Texas Wesleyan L. Rev. 143 (1998)

The Extended Family System in the Black Community: A Child-Centered Model for Adoption Policy, 68 Temple L. Rev. 1649 (1995)

Student Initiated Prayer: Is It Speech or Religion, and Does it Matter Which, 49 U. Miami L. Rev 301 (1995)

The Tie That Binds: The Constitutional Right of Children to Maintain Relationships with Parent-Like Individuals, 53 Md. L. Rev. 358 (1994)