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

52

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15

CROSSREF CITATIONS

54

Scholarly Papers (52)

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 3,335 (3,206)
Citation 1

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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 1,889 (8,351)

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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 1,695 (10,008)
Citation 1

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

4.
Downloads 1,128 ( 18,864)

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 892 (26,166)

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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 236 (134,056)

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

5.

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 877 (27,289)

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

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 635 (42,451)
Citation 7

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

7.
Downloads 632 ( 42,731)

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 348 (88,221)

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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 284 (110,488)

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

8.

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 556 (50,406)

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

9.

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 499 (57,840)
Citation 1

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

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 495 (58,461)

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

11.
Downloads 453 ( 65,351)

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 333 (93,076)

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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 120 (242,652)

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

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 403 (75,038)

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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 381 (79,998)

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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 339 (91,554)
Citation 1

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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.

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 320 (97,599)

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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

16.

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 318 (98,252)

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feminist, legal theory, vulnerability, Muller v. Oregon

17.

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 310 (101,055)

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

18.

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 297 (105,893)
Citation 1

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

19.

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 288 (109,484)

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

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 272 (116,295)
Citation 5

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

21.

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 255 (124,456)

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22.

Vulnerability and Social Justice

Forthcoming in 53 Valparaiso University Law Review, 2019
Number of pages: 34 Posted: 28 Mar 2019
Martha Albertson Fineman
Emory University School of Law
Downloads 225 (142,131)

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social justice, vulnerability theory, inequality, neoliberalism, social institutions, social relationships

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 196 (160,576)
Citation 1

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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 132 (225,518)

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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 58 (381,206)

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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

25.

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 178 (175,160)

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

26.

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 176 (176,927)

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

27.

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 160 (192,043)

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Education, Homeschooling, Public Schools, Private Schools

28.

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 137 (218,325)
Citation 1

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

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 129 (228,819)

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

30.

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 127 (231,628)

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

31.

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 121 (240,067)

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

32.

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 118 (244,717)

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

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 117 (246,231)
Citation 3

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

34.

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 112 (253,999)
Citation 1

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

35.

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 94 (286,122)

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

36.

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 93 (288,086)

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

37.

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 87 (300,440)

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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

38.

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 82 (311,631)

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

39.

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 78 (320,906)

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

40.

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 77 (323,301)

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

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 76 (325,802)

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

42.

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 76 (325,802)

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

43.

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 (328,352)
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44.

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 71 (338,524)

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

45.

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 64 (357,721)

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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

46.

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 60 (369,573)

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

47.

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 59 (372,619)

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

48.

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 53 (391,945)

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

49.

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 50 (402,148)

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

50.

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 39 (444,038)

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family, neo-liberalism, inequality, gender discrimination

51.

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 39 (444,038)

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

52.

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 25 (511,022)

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