Families, Law, and Society

Offers an assessment of how children’s rights take shape and are realized at various stages of child development and, in turn, can and should inform law and policy

Children’s rights and child development frameworks are critical to understanding children’s lived experiences, advancing child wellbeing, and implementing children’s rights. However, research in the two fields has proceeded largely on separate tracks. Children’s Rights and Child Development seeks to forge opportunities to deepen understanding about children’s rights in light of the scientific research on child development to inform fresh perspectives on research, law, and policy affecting children.

Drawing on existing literature, studies, and research, Children’s Rights and Child Development provides an in-depth examination of the fundamental stages in childhood development—early childhood, middle childhood, and adolescence. The book goes beyond the often very general language in law and policies that considers children as a homogenous group. It delineates how the rights of young people can be understood at each stage of development and how this can, and should, inform law and policy on children’s rights.

Integrating children’s perspectives with the expertise from leading scholars in children’s rights and child development, Todres and Kilkelly reveal how an integrated approach to child rights and child development can be most impactful to child advocacy. This book is essential reading for anyone interested in child advocacy, offering insight into how the rights of young people can be understood at different stages of development, in a developmentally appropriate and rights compliant manner.

Explores the failures of family court and calls for immediate and permanent change

At the turn of the twentieth century, American social reformers created the first juvenile court. They imagined a therapeutic court where informality, specially trained public servants, and a kindly, all-knowing judge would assist children and families. But the dream of a benevolent means of judicial problem-solving was never realized. A century later, children and families continue to be failed by this deeply flawed court.

The End of Family Court rejects the foundational premise that family court can do good when intervening in family life and challenges its endless reinvention to survive. Jane M. Spinak illustrates how the procedures and policies of modern family court are deeply entwined in a heritage of racism, a profound disdain for poverty, and assimilationist norms intent on fixing children and families who are different. And the court’s interventionist goals remain steeped in an approach to equity and well-being that demands individual rather than collective responsibility for the security and welfare of families.

Spinak proposes concrete steps toward abolishing the court: shifting most family supports out of the court’s sphere, vastly reducing the types and number of matters that need court intervention, and ensuring that any case that requires legal adjudication has the due process protections of a court of law. She calls for strategies that center trusting and respecting the abilities of communities to create and sustain meaningful solutions for families. An abolitionist approach, in turn, celebrates a radical imagination that embraces and supports all families in a fair and equal economic and political democracy.

Investigates social parents – people who function as parents but who may not be recognized as such
in the eyes of the law

What makes a person a parent? Around the world, same-sex couples are raising children; parents are separating and re-partnering, creating blended families; and children are living with grandparents, family friends, and other caregivers. In these situations, there is often an adult who acts like a parent but who is unconnected to the child through biogenetics, marriage, or adoption—the common paths for establishing legal parenthood. In many countries, this person is called a “social parent.” Psychologically, and especially from a child’s point of view, a social parent is a parent. But the legal status of a social parent is hotly debated.

Social Parenthood in Comparative Perspective considers how the law does—and how it should—recognize social parenthood. The book begins with a psychological account of social parenthood, establishing the importance of a relationship between a child and a social parent and the harms of not protecting this relationship. It then turns to social scientists to identify and explore some circumstances when a child may have a social parent. And to compare legal responses to social parenthood, the book draws on the expertise of legal scholars in nine countries in North America and Europe. The legal contributors describe the existing laws governing social parents, critique their efficacy, and offer new insights. Though almost all of the countries analyzed have adapted to the new reality of family life by recognizing social parents in some manner, the nature and extent of the recognition varies widely.

The volume concludes by discussing some of the issues flowing from the decision to recognize social parents, including whether social parents should have the same legal rights and responsibilities as other legal parents, whether all social parents must be treated identically, whether the law should limit a child to two parents, and much more. Families are changing, and the law must adapt accordingly. Social Parenthood in Comparative Perspective charts a way forward by offering solutions to help policymakers consider options for addressing social parenthood.

No federal law in the United States requires that egg or sperm donors or recipients exchange any information with the offspring that result from the donation. Donors typically enter into contracts with fertility clinics or sperm banks which promise them anonymity. The parents may know the
donor’s hair color, height, IQ, college, and profession; they may even have heard the donor’s voice. But they don’t know the donor’s name, medical history, or other information that might play a key role in a child’s development. And, until recently, donor-conceived offspring typically didn’t know that one of their biological parents was a donor. But the secrecy surrounding the use of donor eggs and sperm is changing. And as it does, increasing numbers of parents and donor-conceived offspring are searching for others who share the same biological heritage. When donors, recipients, and “donor kids” find each other, they create new forms of families that exist outside of the law.

The New Kinship details how families are made and how bonds are created between families in the brave new world of reproductive technology. Naomi Cahn, a nationally-recognized expert on reproductive technology and the law, shows how these new kinship bonds dramatically exemplify the ongoing cultural change in how we think about family. The issues Cahn explores in this book will resonate with anyone—and everyone—who has struggled with questions of how to define themselves in connection with their own biological, legal, or social families.

According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts.

By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.

Answers the calls of grassroots communities pressing for integration and increased education funding with a complete rethinking of school discipline

In the era of zero tolerance, we are flooded with stories about schools issuing draconian punishments for relatively innocent behavior. One student was suspended for chewing a Pop-Tart into the shape of a gun. Another was expelled for cursing on social media from home. Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. On average, middle and high schools suspend one out of four African American students at least once a year.

The effects of these policies are devastating. Just one suspension in the ninth grade doubles the likelihood that a student will drop out. Fifty percent of students who drop out are subsequently unemployed. Eighty percent of prisoners are high school drop outs. The risks associated with suspension and expulsion are so high that, as a practical matter, they amount to educational death penalties, not behavioral correction tools. Most important, punitive discipline policies undermine the quality of education that innocent bystanders receive as well—the exact opposite of what schools intend.

Derek Black, a former attorney with the Lawyers’ Committee for Civil Rights Under Law, weaves stories about individual students, lessons from social science, and the outcomes of courts cases to unearth a shockingly irrational system of punishment. While schools and legislatures have proven unable and unwilling to amend their failing policies, Ending Zero Tolerance argues for constitutional protections to check abuses in school discipline and lays out theories by which courts should re-engage to enforce students’ rights and support broader reforms.

The shocking truth about how state governments and their private industry partners are profiting from the social programs meant to support disadvantaged Americans

Government aid doesn’t always go where it’s supposed to. Foster care agencies team up with companies to take disability and survivor benefits from abused and neglected children. States and their revenue consultants use illusory schemes to siphon Medicaid funds intended for children and the poor into general state coffers. Child support payments for foster children and families on public assistance are converted into government revenue. And the poverty industry keeps expanding, leaving us with nursing homes and juvenile detention centers that sedate residents to reduce costs and maximize profit, local governments buying nursing homes to take the facilities’ federal aid while the elderly languish with poor care, and counties hiring companies to mine the poor for additional funds in modern day debtor’s prisons.

In The Poverty Industry, Daniel L. Hatcher shows us how state governments and their private industry partners are profiting from the social safety net, turning America’s most vulnerable populations into sources of revenue. The poverty industry is stealing billions in federal aid and other funds from impoverished families, abused and neglected children, and the disabled and elderly poor. As policy experts across the political spectrum debate how to best structure government assistance programs, a massive siphoning of the safety net is occurring behind the scenes. In the face of these abuses of power, Hatcher offers a road map for reforms to realign the practices of human service agencies with their intended purpose and to prevent the misuse of public taxpayer dollars.

With more Americans than ever before seeking unemployment benefits, it is essential to remedy the nefarious practices that will impede them from receiving the full government support they are due. The Poverty Industry shows us the path to rectify this systemic inequality to ensure that government aid truly gets to those in need.

A look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence

Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shaping responses to domestic violence, demonstrating the need for greater consideration of the interplay of politics, domestic violence, and how the law works in people’s lives.

The Politicization of Safety provides a critical historical perspective on domestic violence responses in the United States. It grapples with the ways in which child welfare systems and civil and criminal justice responses intersect, and considers the different, overlapping ways in which survivors of domestic abuse are forced to cope with institutionalized discrimination based on race, gender, sexual orientation, and immigration status. The book also examines movement politics and the feminist movement with respect to domestic violence policies. The tensions discussed in this book, similar to those involved in the #metoo movement, include questions of accountability, reckoning, redemption, healing, and forgiveness.

What is the future of feminism and the movements against gender-based violence and domestic violence? Readers are invited to question assumptions about how society and the legal system respond to intimate partner violence and to challenge the domestic violence field to move beyond old paradigms and contend with larger justice issues.

2021 Outstanding Academic Title, Choice Magazine

How globalization is undermining sustainable social environments for children

This book uses the ecological model of child development together with ethnographic and comparative studies of two small villages, in Italy and the United States, as its framework for examining the well-being of children in the aftermath of the Great Recession. Global forces, far from being distant and abstract, are revealed as wreaking havoc in children’s environments even in economically advanced countries. Falling birth rates, deteriorating labor conditions, fraying safety nets, rising rates of child poverty, and a surge in racism and populism in Europe and the United States are explored in the petri dish of the village. Globalism’s discontents—unrestrained capitalism and technological change, rising inequality, mass migration, and the juggernaut of climate change—are rapidly destabilizing and degrading the social and physical environments necessary to our collective survival and well-being. This crisis demands a radical restructuring of our macrosystemic value systems. Woodhouse proposes an ecogenerist theory that asks whether our policies and politics foster environments in which children and families can flourish. It proposes, as a benchmark, the family-supportive human-rights principles of the UN Convention on the Rights of the Child. The book closes by highlighting ways in which individuals can engage at the local and regional levels in creating more just and sustainable worlds that are truly fit for children.

A call for better child care policies, exploring the reasons why there has been so little headway on a problem that touches so many families.

Working mothers are common in the United States. In over half of all two-parent families, both parents work, and women’s paychecks on average make up 35 percent of their families’ incomes. Most of these families yearn for available and affordable child care—but although most developed countries offer state-funded child care, it remains scarce in the United States. And even in prosperous times, child care is rarely a priority for U.S. policy makers.

In In Our Hands: The Struggle for U.S. Child Care Policy, Elizabeth Palley and Corey S. Shdaimah explore the reasons behind the relative paucity of U.S. child care and child care support. They examine the history of child care advocacy and legislation in the United States, from the Child Care Development Act of the 1970s that was vetoed by Nixon through the Obama administration’s Child Care Development Block Grant. The book includes data from interviews with 23 prominent child care and early education advocates and researchers who have spent their careers seeking expansion of child care policy and funding and an examination of the legislative debates around key child care bills of the last half-century. Palley and Shdaimah analyze the special interest and niche groups that have formed around existing policy, arguing that such groups limit the possibility for debate around U.S. child care policy.

Extraordinary changes in patterns of family life—and family law—have dramatically altered the boundaries of parenthood and opened up numerous questions and debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Is parenthood separable from marriage—or couplehood—when society seeks to foster children’s well-being? What is the better model of parenthood from the perspective of child outcomes?

Intense disagreements over the definition and future of marriage often rest upon conflicting convictions about parenthood. What Is Parenthood? asks bold and direct questions about parenthood in contemporary society, and it brings together a stellar interdisciplinary group of scholars with widely varying perspectives to investigate them. Editors Linda C. McClain and Daniel Cere facilitate a dynamic conversation between scholars from several disciplines about competing models of parenthood and a sweeping array of topics, including single parenthood, adoption, donor-created families, gay and lesbian parents, transnational parenthood, parent-child attachment, and gender difference and parenthood.

A New Juvenile Justice System aims at nothing less than a complete reform of the existing system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. The authors in this volume—academics, activists, researchers, and those who serve in the existing system—all respond in this collection to the question of what the system should be. Uniformly, they agree that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities.





Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, these authors envision a system responsive to the needs of youth as well as to the community’s legitimate need for public safety. How, they ask, can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improve the odds that children who have been labeled as “delinquent” can make successful transitions to adulthood? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development? Drawing upon interdisciplinary work as well as on-the-ground programs and experience, the authors sketch out the broad parameters of such a system.





Providing the principles, goals, and concrete means to achieve them, this volume imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society.

Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues.

At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex.

In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.

From divorce court to popular culture, alimony
is a dirty word. Unpopular and rarely ordered, the awards are frequently
inconsistent and unpredictable. The institution itself is often viewed as an
historical relic that harkens back to a gendered past in which women lacked the
economic independence to free themselves from economic support by their spouses.
In short, critics of alimony claim it has no place in contemporary visions of
marriage as a partnership of equals. But as Cynthia Lee Starnes argues in The
Marriage Buyout, alimony is often the only practical tool for ensuring that divorce does not treat
today’s primary caregivers as if they were suckers. Her solution is to
radically reconceptualize alimony as a marriage buyout.

Starnes’s buyouts draw on a partnership model of marriage that reinforces
communal norms of marriage, providing a gender-neutral alternative to alimony
that assumes equality in spousal contribution, responsibility, and right. Her
quantification formulae support new default rules that make buyouts more
certain and predictable than their current alimony counterparts. Looking beyond
alimony, Starnes outlines a new vision of marriages with children, describing a
co-parenting partnership between committed couples, and the conceptual basis
for income sharing between divorced parents of minor children. Ultimately,
under a partnership model, the focus of alimony is on gain rather than loss and
equality rather than power: a spouse with disparately low earnings isn’t a
sucker or a victim dependent on a fixed alimony payment, but rather an equal
stakeholder in marriage who is entitled at divorce to share any gains the
marriage produced.

A gripping explanation of the biases that lead to the blaming of pregnant women and mothers.





Are mothers truly a danger to their children’s health? In 2004, a mentally disabled young woman in Utah was charged by prosecutors with murder after she declined to have a Caesarian section and subsequently delivered a stillborn child. In 2010, a pregnant woman who attempted suicide when the baby’s father abandoned her was charged with murder and attempted feticide after the daughter she delivered prematurely died. These are just two of the many cases that portray mothers as the major source of health risk for their children. The American legal system is deeply shaped by unconscious risk perception that distorts core legal principles to punish mothers who “fail to protect” their children.





In Blaming Mothers, Professor Fentiman explores how mothers became legal targets. She explains the psychological processes we use to confront tragic events and the unconscious race, class, and gender biases that affect our perceptions and influence the decisions of prosecutors, judges, and jurors. Fentiman examines legal actions taken against pregnant women in the name of “fetal protection” including court ordered C-sections and maintaining brain-dead pregnant women on life support to gestate a fetus, as well as charges brought against mothers who fail to protect their children from an abusive male partner. She considers the claims of physicians and policymakers that refusing to breastfeed is risky to children’s health. And she explores the legal treatment of lead-poisoned children, in which landlords and lead paint manufacturers are not held responsible for exposing children to high levels of lead, while mothers are blamed for their children’s injuries.





Blaming Mothers is a powerful call to reexamine who - and what - we consider risky to children’s health. Fentiman offers an important framework for evaluating childhood risk that, rather than scapegoating mothers, provides concrete solutions that promote the health of all of America’s children.





Read a piece by Linda Fentiman on shaming and blaming mothers under the law on The Gender Policy Report.

Children and youth become involved with the juvenile justice system at a significant rate. While some children move just as quickly out of the system and go on to live productive lives as adults, other children become enmeshed in the system, developing deeper problems and or transferring into the adult criminal justice system. Justice for Kids is a volume of work by leading academics and activists that focuses on ways to intervene at the earliest possible point to rehabilitate and redirect—to keep kids out of the system—rather than to punish and drive kids deeper.

Justice for Kids presents a compelling argument for rethinking and restructuring the juvenile justice system as we know it. This unique collection explores the system’s fault lines with respect to all children, and focuses in particular on issues of race, gender, and sexual orientation that skew the system. Most importantly, it provides specific program initiatives that offer alternatives to our thinking about prevention and deterrence, with an ultimate focus on keeping kids out of the system altogether.

American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles—either as entirely sexless beings or victims or objects of harmful adult sexual conduct—so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality.

Children, Sexuality, and the Law reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. This work also explores whether and when children have a right to expression as understood within the First Amendment.

The first volume of its kind, Children, Sexuality, and the Law goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.

Explores the reach of the law into our most personal and private romantic lives

The Architecture of Desire examines how the law influences our most personal and private choices—who we desire and choose as intimate partners—and explores the psychological, economic, and social effects of these choices. Romantic preferences, as shaped by law, perpetuate segregation and subordination by limiting, on the basis of race, individuals’ prospects for marriage and marriage-like commitments, as well as economic and social mobility.

The book begins by tracing the legacy of slavery, anti-miscegenation, segregation, and racially discriminatory immigration laws to show how this legal landscape facilitated the residential, economic, and social distance between racial and ethnic groups, which in turn continue to shape romantic preferences today. Solangel Maldonado argues that the law further influences intimate choices by structuring the spaces within which individuals meet and interact via practices such as redlining, gentrification, and zoning.

Maldonado includes studies of online and offline dating preferences to demonstrate that romantic predilections follow a gendered racial hierarchy in which Whites are at the top, African-Americans at the bottom, and—depending on skin tone—Asian-Americans and Latinos in the middle. These preferences may be explicit, implicit, or both, but they are usually the result of stereotypes reflected in social and cultural norms. Furthermore, since marriage confers substantial legal, economic, and social advantages, sexual racism further limits an individual’s opportunity to find a partner and reap these benefits. Finally, the book proposes ways to minimize the law’s influence over who we desire, love, and bring into our families, such as changes to dating platforms as well as to housing, education, and transportation policies.