11 research outputs found

    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

    Valuing All Identities beyond the Schoolhouse Gate: The Case for Inclusivity as a Civic Virtue in K-12

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    Increasing social and political polarization in our society continues to exact a heavy toll marked by, among other social ills, a rise in uncivility, an increase in reported hate crimes, and a more pronounced overall climate of intolerance--for viewpoints, causes, and identities alike. Intolerance, either a cause or a consequence of our fraying networks of social engagement, is rampant, hindering our ability to live up to our de facto national motto, “E Pluribus Unum,” or “Out of Many, One” and prompting calls for how best to build a cohesive civil society. Within the public school--an institution conceived primarily for the purpose of inculcating civic virtues thought necessary to foster solidarity in a pluralistic society--the intolerance has contributed to increased bias-based bullying, particularly toward transgender and gender diverse students. The devastating impacts of intolerance and exclusion on transgender and gender-diverse students include disproportionate rates of psychological distress, physical ailments, increased risk of homelessness, and other negative outcomes. As schools ponder how best to meet their needs and create safe and supportive learning environments, some parents have attempted to assert exclusive authority in this domain, challenging practices such as the adoption of gender-complex and LGBTQ-inclusive curricula as well as gender-affirming policies and practices. Parents allege that attempts by schools to accommodate transgender and gender diverse students infringe on their parental rights and the privacy rights of their cisgender children. While some schools have yielded to parental objections, others have resisted. This Article presents a compelling approach for schools both to address the challenges posed by objecting parents and to carry out their original mission of inculcating an appreciation for democratic norms--namely, civility, tolerance, and equality--through the adoption of gender complex and LGBTQ-inclusive curricula. Relying on both long-standing limitations on parents\u27 ability to exercise curricular control and research on the benefits of inclusive and comprehensive curricula, this Article makes the case that the educational purposes served by gender complex and LGBTQ-inclusive curricula more than justify any alleged burden on parents\u27 free exercise of religion as protected by the First Amendment or any alleged infringement upon parents\u27 substantive due process rights as protected by the Fourteenth Amendment. It posits that although both parents and the state share responsibility for shaping our youngest citizens, parental interests should be subordinate to the interests of the state in promoting proteophilic competence--an appreciation for diversity--through public education. This critical educational mission holds the promise of reaching beyond the scope of gender to include the inculcation of civic virtues essential to the health of an increasingly demographically diverse nation: Respect for “other-ness” and the development of skills needed for effective democratic self-governance
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