46 research outputs found

    Parental Social Capital and Educational Inequality

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    This Essay argues that scholars must consider the nonmonetary resources—specifically, the social capital24—that middle- and upper-income parents bring to the predominantly White schools their children attend. While scholars have recognized middle- and upper-income students as educational resources that can help bridge the achievement gap, they have yet to explore the effects of nonmonetary resources that middle- and upper-income White parents bring to predominantly White school districts, and how these resources advantage children in these schools. This Essay calls on social scientists to study these effects and urges lawmakers to support parents by (1) integrating schools and (2) funding programs that seek to level the playing field for students who attend schools with predominantly Black and Latinx students, whose parents lack the social capital that advantage students in wealthier, predominantly White schools

    Illegitimate Harm: Law, Stigma, and Discrimination Against Nonmarital Children

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    No one would dispute that for most of U.S. history, nonmarital children suffered significant legal and societal discrimination. Although many individuals believe that the legal disadvantages attached to “illegitimate” status have disappeared in the last forty years, this Article demonstrates that the law continues to discriminate against nonmarital children in a number of areas, including intestate succession, citizenship, and child support. Societal biases against nonmarital children also remain. A majority of Americans believe that the increase in nonmarital births is a significant societal problem and almost 50% believe that unmarried women should not have children. Some courts are aware of societal biases against nonmarital children and have tried to protect children from the “stigma of illegitimacy.” However, legislative and executive efforts to promote marriage and reduce nonmarital births, along with some courts’ rejection of same-sex marriage on the ground that the state’s goal in creating civil marriage is to discourage nonmarital childbearing, have signaled that nonmarital families are deviant. These messages may serve to strengthen existing societal disapproval of nonmarital families and their children. The state has an interest in supporting family forms that further children’s well-being, such as stable marriages. The state also has a duty to protect children from the economic, social, and psychic harms caused by legal discrimination against nonmarital children. This Article proposes a model statute that would eliminate remaining legal discrimination against nonmarital children. It also suggests ways lawmakers can alter their messages suggesting that nonmarital families are inherently inferior. The reforms suggested in this Article may reduce remaining societal biases against nonmarital children while allowing the state to support marital and nonmarital children

    Illegitimate Harm: Law, Stigma, and Discrimination Against Nonmarital Children

    Get PDF
    No one would dispute that for most of U.S. history, nonmarital children suffered significant legal and societal discrimination. Although many individuals believe that the legal disadvantages attached to “illegitimate” status have disappeared in the last forty years, this Article demonstrates that the law continues to discriminate against nonmarital children in a number of areas, including intestate succession, citizenship, and child support. Societal biases against nonmarital children also remain. A majority of Americans believe that the increase in nonmarital births is a significant societal problem and almost 50% believe that unmarried women should not have children. Some courts are aware of societal biases against nonmarital children and have tried to protect children from the “stigma of illegitimacy.” However, legislative and executive efforts to promote marriage and reduce nonmarital births, along with some courts’ rejection of same-sex marriage on the ground that the state’s goal in creating civil marriage is to discourage nonmarital childbearing, have signaled that nonmarital families are deviant. These messages may serve to strengthen existing societal disapproval of nonmarital families and their children. The state has an interest in supporting family forms that further children’s well-being, such as stable marriages. The state also has a duty to protect children from the economic, social, and psychic harms caused by legal discrimination against nonmarital children. This Article proposes a model statute that would eliminate remaining legal discrimination against nonmarital children. It also suggests ways lawmakers can alter their messages suggesting that nonmarital families are inherently inferior. The reforms suggested in this Article may reduce remaining societal biases against nonmarital children while allowing the state to support marital and nonmarital children

    Facilitating Forgiveness and Reconciliation in “Good Enough” Marriages

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    The article offers information on the long-term effects of divorce on children and parents under the analysis of the social science literatures. It informs that the U.S. Courts should encourage reconciliation between low-discord parents which in turn would help to save their marriage and protect their children from negative psychological effects of their divorce

    Reproducing Gender and Race Inequality in the Blawgosphere

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    The use of the Internet and other digital media to disseminate scholarship has great potential for expanding the range of voices in legal scholarship. Legal blogging, in particular, with its shorter, more informal form, seems ideal for encouraging commentary from a diverse group of scholars. This Chapter tests this idea by exploring the role of blogging in legal scholarship and the level of participation of women and scholars of color on the most visible academic legal blogs. After noting the predominance of white male scholars as regular contributors on these blogs, we analyze the relative lack of diversity in this emerging form of scholarship. Finally, we offer suggestions for reversing these trends and creating a more inclusive blogosphere and enriching its potential for lively, informed scholarship

    Reproducing Gender and Race Inequality in the Blawgosphere

    Get PDF
    The use of the Internet and other digital media to disseminate scholarship has great potential for expanding the range of voices in legal scholarship. Legal blogging, in particular, with its shorter, more informal form, seems ideal for encouraging commentary from a diverse group of scholars. This Chapter tests this idea by exploring the role of blogging in legal scholarship and the level of participation of women and scholars of color on the most visible academic legal blogs. After noting the predominance of white male scholars as regular contributors on these blogs, we analyze the relative lack of diversity in this emerging form of scholarship. Finally, we offer suggestions for reversing these trends and creating a more inclusive blogosphere and enriching its potential for lively, informed scholarship

    Latinas in the Legal Academy: Progress and Promise

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    The 2022 Inaugural Graciela Oliva ́rez Latinas in the Legal Academy (“GO LILA”) Workshop convened seventy-four outstanding and powerful Latina law professors and professional legal educators (collectively, “Latinas in the legal academy,” or “LILAs”) to document and celebrate our individual and collective journeys and to grow stronger together. In this essay, we, four of the Latina law professors who helped to co-found the GO LILA Workshop, share what we learned about and from each other. We invite other LILAs to join our community and share their stories and journeys. We hope that the data and lessons that we share can inspire other Latinas to join the legal academy. We encourage law schools to honor the transformation that our presence and contributions have brought to legal education and scholarship and to join us in considering how our path forward can be even more impactful and sustaining

    Advocacy in Ideas: Legal Education and Social Movements

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    Panel moderated by Professor Olatunde Johnson, featuring Professors Monica Bell, Tanya K. Hernández, Solangel Maldonado, and Chantal Thomas. Introduced by Elise Lopez. This panel is really an opportunity to explore the role of women of color in shaping ideas in the legal academy and in legal discourse more broadly. Everyone on this panel today is a professor and has joined legal academia, but what I think we really want to emphasize through this is that for many of us it begins in law school, where you can engage in shaping ideas through the writing that you do in your courses and in journals, in taking leadership positions in journals, and in organizing conferences like this

    Tributes to Family Law Scholars Who Helped Us Find Our Path

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    At some point after the virus struck, I had the idea that it would be appropriate and interesting to ask a number of experienced family law teachers to write a tribute about a more senior family law scholar whose work inspired them when they were beginning their careers. I mentioned this idea to some other long-term members of the professoriate, and they agreed that this could be a good project. So I reached out to some colleagues and asked them to participate. Many agreed to join the team. Some suggested other potential contributors, and some of these suggested faculty members also agreed to submit a tribute. The authors have written about a diverse group of distinguished scholars in the area of family law. We have included 12 scholars who have contributed substantially to the field, and they have also influenced those who have written about them here. The honored scholars and the tribute authors are as follows (organized alphabetically by the honoree): Homer H. Clark Jr. (1918-2015), by Ann Laquer Estin Cooper Davis, by Melissa MurrayPeggy Mary Ann Glendon, by June Carbone Herma Hill Kay (1934-2017), by Barbara A. Atwood Robert Levy, by Paul M. Kurtz Marygold (Margo) Shire Melli (1926-2018), by J. Thomas Oldham & Bruce M. Smyth Martha Minow, by Brian H. Bix Robert Mnookin, by Elizabeth S. Scott Twila Perry, by R.A. Lenhardt Dorothy E. Roberts, by Jessica Dixon Weaver Carol Sanger, by Solangel Maldonado Barbara Bennett Woodhouse, by Sacha M. Coupet Each colleague who participated in this project chose the scholar whose work he or she would celebrate. So, the list of those honored here is subjective and, to a certain extent, serendipitous. This Article is part of a Family Law Quarterly issue that also honors other pioneering contributors to the family law field. We hope to make this a continuing project and to have future opportunities to recognize the many scholars who have had a profound impact on their students – and on all of us – in addition to having an important impact on the development of the law. I trust the reader will find these tributes of interest
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