FAMILY & CHILDREN'S LAW ABSTRACTS

"Educational Inequality and Juvenile Crime: An Area-Based Analysis" Free Download

RICARDO SABATÉS, University of London - Institute of Education
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LEON FEINSTEIN, London School of Economics & Political Science (LSE)
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ANIRUDH SHINGAL, Affiliation Unknown
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This paper focuses on the links between educational inequality and juvenile conviction rates for violent crime, stealing from another person, burglary in a dwelling and racially motivated offences. We use area-based data on conviction rates, educational attainment and educational inequality for three cohorts of young people and employ mixed-effect models to estimate the impact of between-cohort changes in educational inequality on conviction rates. Our results show that, above and beyond impacts of absolute access to resources, young people who grow up in school cohorts marked by higher levels of disparity in educational achievement are more likely to commit violent crime and racially motivated offences than those with less disparity. This association was not found for property-related offences. Our results suggest that if governments wish to be tough on the causes of crime as well as on crime itself, it must address issues of relative deprivation.

"Age Matters: Class, Family Formation, and Inequality" Free Download

JUNE CARBONE, University of Missouri at Kansas City School of Law
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Age matters. It matters legally - in giving consent for a contract, a marriage or enlistment in the armed forces. It matters practically - for renting a car, securing favorable insurance rates, choosing a date. It certainly matters biologically - we are on the cusp of understating the age-related changes in emotion and cognition. And, I will argue in this article, it matters socially. The age of assumption of adult responsibilities, because of the interaction of physical changes with social structures, may be an important marker of inequality.

This article will examine the emergence of class-based differences in the pathways to adulthood through the lens of the new biological studies on brain maturity. Accordingly, it will begin with a section that summarizes the research results suggesting that decision-making after the mid-twenties may be qualitatively different from the decisions of those in their teens and early twenties. Second, it will link the new research on brain development to changing family practices that postpone marriage and childbearing for the middle class into the late twenties and early thirties, while concentrating childbearing, if not always in marriage, in the early twenties for the rest of the population. Third, it will consider the societal support for the different family models by examining the misplaced fight over welfare reform, declining accessibility to contraception and abortion, the unequal nature of workplace support for parents, and the often hidden class subtext of debates over family values. It will end by sketching the implications for a legal research agenda attentive to the implications of age and class.

"Betwixt and between Recognition: Migrating-Same-Sex Marriages and the Turn Toward the Private" Free Download
Law and Contemporary Problems, Vol. 71, Spring 2008

BRENDA COSSMAN, University of Toronto - Faculty of Law
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The paper explores migrating same sex marriages - that is, same-sex marriages or civil unions entered in one jurisdiction that migrate to another and seek recognition, calling upon the private law of conflicts. These migrating-marriage cases have not been particularly successful in obtaining legal recognition. But, the paper argues that these migrating-marriage cases cannot be measured in terms of the legal outcome of the conflicts dispute alone. Rather, these cases can be seen through the cultural lens of New York Times wedding announcements, and in particular, through the lens of a mock announcement that appeared advertising the pilot of HBOs drama Big Love about a polygamous family. Like the wedding announcements, these migrating marriages are produced as culturally real, even when legal recognition remains elusive. These migrating marriages and their turn to conflicts place same-sex marriage in a kind of state of liminality, betwixt and between recognition and nonrecognition. The paper explores the rise of conflicts as a site of same-sex-marriage politics and the way in which these migrating-marriage cases are implicated in the politics of recognition, producing same-sex marriage as culturally - if not always legally - real, in the here and now.

"'The Moloch and Belial of the Bar': Chancellors Thurlow and Loughborough's Contributions to Equity and Their Posthumous Reputations" Free Download

ADAM S. HOFRI-WINOGRADOW, Hebrew University of Jerusalem - Faculty of Law
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Edward Thurlow and Alexander Wedderburn, the two last Lord Chancellors of the eighteenth century, figure in the standard histories of English law as lightweight jurists and unprincipled politicians. The article examines two of their more substantial contributions to equity: they extended the equitable protection of non-commercial debtors from their creditors, and limited the application of the Roman rule, received in English equity, holding void clauses making children's entitlement to their portions conditional on parental consent to their choice of spouse, to children marrying during minority. The article then explains their bad posthumous reputations as a result of their contemporaries' and nineteenth century commentators' dislike for their naked careerism and opportunism, along with the tightening of the puritanical screws at the turn of the eighteenth century.

"Are You Still My Mother?: Interstate Recognition of Adoptions by Gays and Lesbians" Free Download
U. of Pittsburgh Legal Studies Research Paper No. 2008-05
American University Law Review, Forthcoming

RHONDA WASSERMAN, University of Pittsburgh School of Law
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Parents and their biological children routinely cross state borders safe in the assumption that the parent-child relationship will be recognized wherever they go. The central issue raised in this Article is whether the law guarantees parents and their adopted children the same security if the parents are gay. This question is part of a broader debate about the obligation of states to recognize changes in family status effected under the laws of other states, such as same-sex marriages and migratory divorces. The debate is divisive because it pits the family against the state; one state against another; and the needs of the federal union against the interests of individual states.

This rancorous debate is moderated by the Full Faith and Credit Clause. The Article explains why the Clause imposes a more rigorous obligation on states to recognize judgments, such as adoption decrees and divorces, than marriages and laws. The Article also unpacks and refutes the rationales submitted by the state of Oklahoma, which enacted a statute barring recognition of adoptions by same-sex couples, and Professor Lynn Wardle, who argued that "nonrecognition of lesbigay adoption decrees would be proper and permissible." The Article concludes that the Full Faith and Credit Clause commands interstate recognition of sister state adoption decrees regardless of the sexual orientation of the adoptive parents.

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Solicitation of Abstracts

Family and Children's Law welcomes abstracts of books, articles, briefs, legislative reports, conferences, and other publications and papers that address issues of interest to family and children's law scholars and practitioners. We encourage abstracts and papers that are legal and multidisciplinary studies of families and children, theoretical and doctrinal approaches to family and children's law, legal and multidisciplinary approaches to dispute resolution, and policy issues, analysis and developments.

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Directors

LSN SUBJECT MATTER JOURNALS

BERNARD S. BLACK
University of Texas at Austin School of Law, McCombs School of Business, University of Texas at Austin, European Corporate Governance Institute (ECGI)
Email: bblack@law.utexas.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School
Email: rgilson@leland.stanford.edu

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Advisory Board

Family & Children's Law

MARGARET F. BRINIG
Fritz Duda Family Chair in Law, Notre Dame Law School

SUSAN L. BROOKS
Associate Professor of the Practice of Law, Vanderbilt Law School

KAREN CZAPANSKIY
Professor, University of Maryland School of Law

HOWARD DAVIDSON
Director, American Bar Association - Center on Children and the Law

PEGGY COOPER DAVIS
Shad Professor of Law, New York University Law School

LINDA DIANE HENRY ELROD
Distinguished Professor of Law, Washburn University - School of Law

JEFFREY FAGAN
Professor of Law and Public Health, Columbia Law School

MARTHA ALBERTSON FINEMAN
Robert W. Woodruff Professor of Law, Director of the Feminism and Legal Theory Project, Emory University - School of Law

MARSHA GARRISON
Professor of Law , Brooklyn Law School

MARTIN GUGGENHEIM
Professor of Clinical Law, New York University School of Law

JANET E. HALLEY
Visiting Professor, Harvard Law School, Professor of Law & Robert E. Paradise Faculty Scholar, Stanford Law School

LESLIE J. HARRIS
University of Oregon - School of Law

MARYGOLD S. MELLI
Professor Emeritus, University of Wisconsin Law School

WALLACE J. MLYNIEC
Affiliation Unknown

J. THOMAS OLDHAM
University of Houston Law Center

FRANCES ELISABETH OLSEN
University of California, Los Angeles - School of Law

SARAH H. RAMSEY
Syracuse University - College of Law

MILTON C. REGAN, JR.
Professor of Law, Georgetown University Law Center

DOROTHY E. ROBERTS
Northwestern University - School of Law

SUELLYN SCARNECCHIA
Dean and Professor of Law, University of New Mexico - School of Law

ROBERT E. SHEPHERD JR.
Professor of Law, University of Richmond - School of Law

JANA B. SINGER
University of Maryland - School of Law

MICHAEL S. WALD
Stanford Law School

LYNN DENNIS WARDLE
Professor of Law, Brigham Young University - J. Reuben Clark Law School

BARBARA BENNETT WOODHOUSE
David H. Levin Chair in Family Law and Director, Center on Children and the Law, University of Florida - Fredric G. Levin College of Law