Martha Albertson Fineman

Emory University School of Law

Robert W. Woodruff Professor of Law, Director of the Feminism and Legal Theory Project

1301 Clifton Road

Atlanta, GA 30322

United States

SCHOLARLY PAPERS

51

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Scholarly Papers (51)

1.

The Vulnerable Subject: Anchoring Equality in the Human Condition

Yale Journal of Law & Feminism, Vol. 20, No. 1, 2008, Emory Public Law Research Paper No. 8-40
Number of pages: 23 Posted: 10 May 2008 Last Revised: 19 Jun 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 3,113 (3,164)
Citation 4

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equality, constitutional law, critical theory, feminism, gender, race, class, disability, social contract theory, jurisprudence, human capacities, law and society

2.

The Vulnerable Subject and the Responsive State

Emory Law Journal, Vol. 60, Emory Public Law Research Paper No. 10-130
Number of pages: 42 Posted: 21 Oct 2010
Martha Albertson Fineman
Emory University School of Law
Downloads 1,664 (9,107)

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Vulnerability, human rights, equality, justice, discriminiation, legal theory, U.S. constitional law, autonomy

3.

Feminist Legal Theory

Journal of Gender, Social Policy & the Law, Vol. 13, No. 1, 2005, Emory Public Law Research Paper
Number of pages: 11 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 1,443 (11,452)
Citation 3

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Feminism, gender neutrality, gender difference, public sector, private sector, dependency, feminist legal theory, legal theory

4.
Downloads 960 ( 21,454)
Citation 1

Why Marriage?

Virginia Journal of Social Policy and the Law, Vol. 9, No. 1, p. 240, 2001, Emory Legal Studies Research Paper No. 12-204
Number of pages: 34 Posted: 04 Jun 2012 Last Revised: 22 Jun 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 767 (29,070)
Citation 1

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marriage, same-sex marriage, family, marital family, marital privacy, privacy, dependency, dependent, caretaker, vulnerability, gender, feminist, feminism, family law, public sphere, private sphere, divorce, welfare, motherhood, Bartlett, contract, sexual affiliate, paternalism, maternalism

Why Marriage?

Virginia Journal of Social Policy and the Law, Vol. 9, 2001, Emory Public Law Research Paper, Forthcoming
Number of pages: 34 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 193 (148,016)
Citation 1

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dependency, family law, maternalism, paternalism, marriage, care-taker, legal relationship, public, private, gender, feminism, contract

5.
Downloads 593 ( 41,792)

The Social Foundations of Law

Emory Law Journal, Vol. 54, No. 201, 2005, Emory Legal Studies Research Paper No. 12-205
Number of pages: 38 Posted: 04 Jun 2012 Last Revised: 22 Jun 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 341 (81,707)

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social contract, equality, substantive equality, formal equality, foundational myth, unifying myth, autonomy, independence, private sector, public sector, welfare, civil rights, political rights, social rights, human rights, second generation human rights, dependency, dependent, progressive history

The Social Foundations of Law

Emory Law Journal, Vol. 54, 2005, Emory Public Law Research Paper
Number of pages: 38 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 252 (113,833)

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Social contract, formal equality, substantive equality, social welfare, public institutions, social rights, civil rights, political rights

6.

'Elderly' as Vulnerable: Rethinking the Nature of Individual and Societal Responsibility

Emory Legal Studies Research Paper No. 12-224
Number of pages: 43 Posted: 20 Jun 2012 Last Revised: 24 Jun 2013
Martha Albertson Fineman
Emory University School of Law
Downloads 580 (43,043)

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vulnerability, elderly, social welfare, social society, governmental, responsibility, Canadian, social welfare, policy, risk, patrernalism

7.

The Sexual Family

FEMINIST AND QUEER LEGAL THEORY: INTIMATE ENCOUNTERS, UNCOMFORTABLE CONVERSATIONS, M.A. Fineman, J. E. Jackson, and A. P. Romero, eds., Ashgate, 2009, Emory Public Law Research Paper No. 09-74
Number of pages: 30 Posted: 02 Dec 2009
Martha Albertson Fineman
Emory University School of Law
Downloads 523 (49,122)

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family, sexuality, marriage, feminist legal theory, welfare reform, queer legal theory, law and society

8.

Introduction: Feminist and Queer Legal Theory

FEMINIST AND QUEER LEGAL THEORY: INTIMATE ENCOUNTERS, UNCOMFORTABLE CONVERSATIONS, M.A. Fineman, J. E. Jackson, and A. P. Romero, eds., Ashgate, 2009, Emory Public Law Research Paper No. 09-75
Number of pages: 9 Posted: 02 Dec 2009
Martha Albertson Fineman
Emory University School of Law
Downloads 437 (61,449)
Citation 2

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feminist, legal theory, queer legal theory, critical jurisprudence, sexuality, post-modernism, law and society

9.
Downloads 425 ( 63,537)
Citation 6

The Neutered Mother

46 U. Miami L. Rev. 653 1991-1992, Emory Legal Studies Research Paper No. 12-203
Number of pages: 19 Posted: 16 May 2012 Last Revised: 09 Oct 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 311 (90,752)
Citation 6

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Mother, Family Law, Feminist Legal Theory, Symbol, Gender

The Neutered Mother

University of Miami Law Review, Vol. 46, 1992, Emory Public Law Research Paper, Forthcoming
Number of pages: 18 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 114 (229,819)
Citation 6

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feminism, gendered lives, motherhood, mother, private roles, public roles, patriarchy, dependency, caretakers, gender equality, gender difference, gender-neutral, nuclear family

10.

Vulnerability, Resilience, and LGBT Youth

Temple Political & Civil Rights Law Review, Forthcoming, Emory Legal Studies Research Paper No. 14-292
Number of pages: 23 Posted: 09 May 2014
Martha Albertson Fineman
Emory University School of Law
Downloads 416 (65,194)

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vulnerability, resilience, legal subject, identity, LGBT, sexuality, parental rights, family, children and youth

11.

Vulnerability and Inevitable Inequality

Oslo Law Review, Vol. 4, pp133-149, Emory Legal Studies Research Paper
Number of pages: 25 Posted: 18 Dec 2017
Martha Albertson Fineman
Emory University School of Law
Downloads 387 (71,019)

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Social Justice, Equality, Vulnerability, Dependency, Resilience, State Responsibility

12.

Taking Children’s Interests Seriously

WHAT IS RIGHT FOR CHILDREN: THE COMPETING PARADIGMS OF RELIGION AND HUMAN RIGHTS, M.A. Fineman and K. Worthington, eds., Ashgate, 2009, Emory Public Law Research Paper No. 09-75
Number of pages: 17 Posted: 02 Dec 2009
Martha Albertson Fineman
Emory University School of Law
Downloads 379 (72,847)
Citation 1

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children, education, private schools, public schools, childrens rights, parental rights, religion

13.

Feminist Theory in Law: The Difference it Makes

Columbia Journal of Gender and Law, Vol. 2, 2005, Emory Public Law Research Paper Forthcoming
Number of pages: 24 Posted: 10 Jul 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 343 (81,776)
Citation 2

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legal feminism, feminism, equality, inequality, theory of difference, politics of difference, gender difference, gendered life, gendered institutions, gender, technology, procreation, reproduction, policy, lawmaking, public sphere, assimilation, discrimination, gender-neutral, perspective

14.

Gender and Law: Feminist Legal Theory's Role in New Legal Realism

Columbia Journal of Gender and Law, 2005, Emory Public Law Research Paper Forthcoming
Number of pages: 28 Posted: 10 Jul 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 316 (89,669)
Citation 2

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feminism, legal feminism, legal realism, gender, law, social science, social theory, policy, theory of difference, equality, inequality, theory, public policy, legal theory, gender difference, privilege, empirical research, society, privatization, dependency, power, authority, regulation

15.

Evolving Images of Gender and Equality: A Feminist Journey

New England Law Review, Vol. 43, Emory Public Law Research Paper No. 09-73
Number of pages: 23 Posted: 02 Dec 2009
Martha Albertson Fineman
Emory University School of Law
Downloads 305 (93,323)

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feminist, legal theory, vulnerability, Muller v. Oregon

16.

Equality: Still Illusive after All These Years

SOCIAL CITIZENSHIP AND GENDER, Joanna Grossman & Linda McClain, eds., Cambridge University Press, Forthcoming, Emory Public Law Research Paper No. 09-62
Number of pages: 30 Posted: 17 Aug 2009
Martha Albertson Fineman
Emory University School of Law
Downloads 302 (94,292)
Citation 1

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equality, gender, feminist theory, family, dependency, vulnerablity, critical theory

17.

What Place for Family Privacy?

George Washington Law Review, Vol. 67, 1999, Emory Public Law Research Paper Forthcoming
Number of pages: 18 Posted: 10 Jul 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 276 (103,824)
Citation 2

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privacy, family law, dependency, caretaker, abuse, family, traditional family, nuclear family dependency, dependent, inevitable dependency, private family, nuclear family, mothering, feminist theory, power imbalance, regulation of intimacy, family-state relationship, reproduction, marital privacy

18.

Beyond Identities: The Limits of an Antidiscrimination Approach to Equality

Boston University Law Review, Vol. 92, No. 6, 2012
Number of pages: 59 Posted: 21 Dec 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 256 (112,430)

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vulnerability, equality, social justice, discrimination, constitutional comparisons, legislative due process, legislative ethics

19.

Feminism, Masculinities, and Multiple Identities

Nevada Law Journal, Vol. 13, No. 101, 2013, Emory Legal Studies Research Paper No. 12-238
Number of pages: 24 Posted: 23 Apr 2013 Last Revised: 09 May 2018
Martha Albertson Fineman
Emory University School of Law
Downloads 235 (122,653)

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20.

Cracking the Foundational Myths: Independence, Autonomy, and Self-Sufficiency

American University Journal of Gender, Social Policy & the Law, Vol. 8, No. 15, 2000, Emory Public Law Research Paper, Forthcoming
Number of pages: 18 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 220 (130,932)
Citation 4

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independence, autonomy, private sphere, public sphere, family, feminist legal theory, collective responsibility, social debt, dependency, collective, caretaking, assumed family

21.

Images of Mothers in Poverty Discourses

Duke Law Journal, Vol. 1991, 1991, Emory Public Law Research Paper, Forthcoming
Number of pages: 22 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 174 (162,650)
Citation 2

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single motherhood, patriarchy, feminism, legal feminism, discourses, poverty, welfare, cross-over discourses, mother, nuclear family, deviant family

Masking Dependency: The Political Role of Family Rhetoric

Virginia Law Review, Vol. 81, 1995, Emory Public Law Research Paper, Forthcoming
Number of pages: 36 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 119 (222,605)

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feminism, family, justice, caretaking, dependency, nuclear family, welfare, private, public, patriarchy, single motherhood, divorce, equality, egalitarian family, natural family, private family

Masking Dependency: The Political Role of Family Rhetoric

Virginia Law Review, Vol. 81, p. 2181, 1995, Emory Legal Studies Research Paper No. 12-207
Number of pages: 36 Posted: 04 Jun 2012 Last Revised: 22 Jun 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 54 (360,533)

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family, traditional family, dependency, dependent, inevitable dependency, derivative dependency, caretaker, privatize, welfare, poverty, private family, nuclear family, egalitarian family, mothering, feminist theory, vulnerability theory, patriarchy

23.

Equality and Difference - The Restrained State

Emory Legal Studies Research Paper No. 15-348
Number of pages: 19 Posted: 09 Apr 2015
Martha Albertson Fineman
Emory University School of Law
Downloads 170 (165,958)

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24.

Contract and Care

Chicago-Kent Law Review, Vol. 76, 2001, Emory Public Law Research Paper
Number of pages: 38 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 167 (168,600)
Citation 4

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dependency, caretaking, feminism, progressivism, capitalism, collective, individual, private sphere, public sphere

25.

Feminist Theory and Law

Harvard Journal of Law and Public Policy, Vol. 18, No. 2, 1994, Emory Public Law Research Paper, Forthcoming
Number of pages: 20 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 156 (178,638)

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gendered life, feminism, feminist legal theory, equality, difference, neutrality, gender, post-egalitarianism

26.

Homeschooling: Choosing Parental Rights Over Children's Interests

University of Baltimore Law Review, Vol. 46, No. 1, 2016, Emory Legal Studies Research Paper
Number of pages: 51 Posted: 12 Aug 2017 Last Revised: 04 Jan 2018
Martha Albertson Fineman and George B. Shepherd
Emory University School of Law and Emory University School of Law
Downloads 129 (209,725)

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Education, Homeschooling, Public Schools, Private Schools

27.

Implementing Equality: Ideology, Contradiction and Social Change

Wisconsin Law Review, pp. 789-886, 1983, Emory Public Law Research Paper
Number of pages: 98 Posted: 20 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 127 (211,008)
Citation 4

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Instrumental reform, symbolic reform, divorce, rule equity, result equity, feminism, dependence, no-fault divorce

28.

Dependencies

Emory Legal Studies Research Paper 12-221
Number of pages: 12 Posted: 21 Aug 2012 Last Revised: 25 Sep 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 122 (217,534)

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welfare, welfare reform, dependency, caretaker, subsidization, single mothers, feminism, marriage, maternal work, workfare

29.

Law and Changing Patterns of Behavior: Sanctions on Non-Marital Cohabitation

Wisconsin Law Review, 1981, Emory Public Law Research Paper
Number of pages: 58 Posted: 20 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 120 (220,327)

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Cohabitation, dependence, public policy, marriage, victimless crime, reform, nonprosecutors, spouse, moral misconduct, alimony

30.

Religious Resistance to Family Law Reform in the US

Number of pages: 32 Posted: 17 Aug 2009 Last Revised: 02 Dec 2009
Martha Albertson Fineman
Emory University School of Law
Downloads 116 (225,834)

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family, religion, critical theory, gender equality, law reform

31.

Dominant Discourse Professional Language and Legal Change

Harvard Law Review, Vol. 101, No. 4, 1988, Emory Public Law Research Paper, Forthcoming
Number of pages: 48 Posted: 20 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 110 (234,623)

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discourse, custody, divorce, feminist legal theory, custodial mothers, fathers, shared parenting, physical custody, children as property, gender

32.

Intimacy Outside of the Natural Family: The Limits of Privacy

Connecticut Law Review, Vol. 23, 1991, Emory Public Law Research Paper, Forthcoming
Number of pages: 18 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 100 (250,792)
Citation 1

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autonomy, privacy, single motherhood, nuclear family, natural family, divorce, social control, public families, intimacy, feminism

33.

Challenging Law, Establishing Differences: The Future of Feminist Legal Scholarship

Florida Law Review, Vol. 42, 1990, Emory Public Law Research Paper, Forthcoming
Number of pages: 20 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 99 (252,524)
Citation 3

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feminist legal theory, equality, neutrality, theory of difference, feminism, gender, antiassimilationism, gendered lives, representation

34.

Family Law in the United States

International Encyclopedia of the Social and Behavioral Sciences (2nd ed. Forthcoming), Minnesota Legal Studies Research Paper No. 14-25
Number of pages: 15 Posted: 17 May 2014
Martha Albertson Fineman and June Carbone
Emory University School of Law and University of Minnesota - Twin Cities - School of Law
Downloads 91 (266,668)

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family law, marriage, custody, divorce, inequality, economic class

35.

The Politics of Custody and the Transformation of American Custody Decision Making

22 U.C. Davis L. Rev. 829 1988-1989, Emory Legal Studies Research Paper No. 12-206
Number of pages: 37 Posted: 04 Jun 2012 Last Revised: 22 Jun 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 80 (288,616)
Citation 1

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custody, divorce, no-fault divorce, family law, child, children, child advocate, family, feminism, feminist, mandatory joint custody, custody decision making, gender neutrality, shared parenting, best interest of the child, fathers’ rights, guardian ad litem, maternal preference

36.

A Legal (and Otherwise) Realist Response to 'Sex as Contract'

Columbia Journal of Gender and Law, Vol. 4, No. 1, 1994, Emory Public Law Research Paper
Number of pages: 15 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 77 (295,153)

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Contrat, coercion, reproduction, feminist legal theory, gendered experience, marriage, law and economics, inequality

37.

Women, Marriage and Motherhood in the United States: Allocating Responsibility in a Changing World

Singapore Journal of Legal Studies, pp. 1-17, July 2011
Number of pages: 17 Posted: 28 Nov 2011
Martha Albertson Fineman
Emory University School of Law
Downloads 75 (299,788)
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38.

Equality Across Legal Cultures – The Role for International Human Rights

Thomas Jefferson Law Review, Vol. 27, No. 1, 2005, Emory Public Law Research Paper
Number of pages: 13 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 73 (304,382)

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Substantive equality, international law, Canadian Charter of Rights and Freedoms, formal equality, social equality, civil rights, political rights, social rights

39.

Domestic Violence, Custody, and Visitation

Family Law Quarterly, Vol. 36, No. 1, 2002, Emory Public Law Research Paper
Number of pages: 16 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 70 (311,536)

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family law, domestic violence, custody, visitation, divorce, separation violence

40.

Our Sacred Institution: the Ideal of the Family in American Law and Society

Utah Law Review, Vol. 1993, No. 2, 1993, Emory Public Law Research Paper, Forthcoming
Number of pages: 20 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 65 (324,081)
Citation 2

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nuclear family, family law, feminism, feminist legal theory, intimate association, divorce, societal norms, privacy, dependency, care-taking

41.

Vulnerability, the Responsive State, and the Role of Religion

In Exploring Vulnerability, H. Springhart and G. Thomas (eds.), Vandenhoeck & Ruprecht 2017, Emory Legal Studies Research Paper
Number of pages: 20 Posted: 19 Dec 2017
Martha Albertson Fineman and Silas W. Allard
Emory University School of Law and Emory University School of Law
Downloads 64 (326,726)

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vulnerability, state responsibility, religion, legal theory, dependency, social justice, compassion

42.

The Uses of Social Science Data in Legal Policymaking: Custody Determinations at Divorce

Emory Public Law Research Paper , Wisconsin Law Review, 1987
Number of pages: 52 Posted: 20 Aug 2012
Martha Albertson Fineman and Anne Opie
Emory University School of Law and affiliation not provided to SSRN
Downloads 64 (326,726)
Citation 1

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child, custody, dependence, social science, father, feminism, divorce, equality, gender, gender neutrality

43.

Societal Factors Affecting the Creation of Legal Rules for Distribution of Property at Divorce

Family Law Quarterly, Vol. XXII, No. 2, Summer 1989, Emory Public Law Research Paper, Forthcoming
Number of pages: 22 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 55 (351,992)

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Equality, divorce, contribution, distribution, partnership, feminist legal theory, feminism, dependency, need

44.

Custody Determinations at Divorce: The Limits of Social Science Research and the Fallacy of the Liberal Ideology of Equality

Emory Public Law Research Paper, Forthcoming
Number of pages: 23 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 55 (351,992)

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Degendered, parental roles, custody, divorce, feminism, nuclear family, traditional family, social science, maternal preference, equality, theory of difference

45.

Injury in the Unresponsive State: Writing the Vulnerable Subject into Neo-Liberal Legal Culture

Emory Legal Studies Research Paper Forthcoming In Injury and Injustice: The Cultural Politics of Harm and Redress, Bloom, Engel, and McCann Eds., Cambridge Studies in Law and Society 2018
Number of pages: 38 Posted: 25 May 2018
Martha Albertson Fineman
Emory University School of Law
Downloads 51 (364,314)

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vulnerability, legal injury, equality, social justice, constitutional law, discrimination, legal harm

46.

Progress and Progression in Family Law

The University of Chicago Legal Forum, 2004, Emory Public Law Research Paper
Number of pages: 25 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 47 (377,238)

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Family law, traditional family, family unit, marriage, single mother, formal equality, substantive equality, dependency, gender equality, feminism, divorce, poverty, moral authority

47.

The Nature of Dependencies and Welfare 'Reform'

Santa Clara Law Review, Vol. 36, 1996, Emory Public Law Research Paper, Forthcoming
Number of pages: 26 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 47 (377,238)
Citation 1

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welfare reform, dependency, caretaking, patriarchal family, single motherhood, family, maternal work, workfare, feminism

48.

Care and Gender (Book Chapter)

"Care and Gender," in Reassembling Motherhood: Procreation and Care in a Globalized World. Yasmine Ergas, Jane Jenson, and Sonya Michel Eds., (Columbia University Press, 2017)., Emory Legal Studies Research Paper
Number of pages: 24 Posted: 27 Nov 2017
Martha Albertson Fineman
Emory University School of Law
Downloads 40 (401,587)

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vulnerability, family, ethics of care, gender equality, motherhood

49.

The Family in Civil Society

Chicago-Kent Law Review, Vol. 75, 2000, Emory Public Law Research Paper, Forthcoming
Number of pages: 24 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 36 (417,265)

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civil societarian, equality, income inequality, wage stagnation, marriage, divorce, morality, feminism, market, caretaking, dependency

50.

Legal Stories, Change, and Incentives – Reinforcing the Law of the Father

New York Law School Law Review, Vol. 37, 1992, Emory Public Law Research Paper, Forthcoming
Number of pages: 24 Posted: 21 Aug 2012
Martha Albertson Fineman
Emory University School of Law
Downloads 22 (482,966)

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family, paternity, narrative, single parenthood, feminism, children’s rights, nuclear family, traditional family

51.

Review of M. Cooper's Book: Family Values

Social & Legal Studies 26(6) 2018
Number of pages: 5 Posted: 22 May 2018
Martha Albertson Fineman
Emory University School of Law
Downloads 19 (499,530)

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family, neo-liberalism, inequality, gender discrimination