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In the United States, rates of divorce and out-of-wedlock childbirth are climbing so dramatically that over half of the next generation is likely to spend part of its childhood in single-mother families. As many as half of these families will live in poverty, caused in large measure by the failure of current government regulations to secure adequate child support from absent parents and to assure minimum support when parents cannot provide it. Assuring Child Support introduces the Child Support Assurance System, a remedy to this problem that is both feasible and affordable, a practical reform that is within the nation's grasp. "An extremely well-written and provocative book." —Eastern Economic Journal
Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships. Professors and students will benefit from: Text that includes dramatic changes in family patterns in contemporary society, including: declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; the use of assisted reproduction and its challenge to biological understandings of parentage; tensions between women’s increasing education and employment and the perseverance of the gendered division of labor in families; the inclusion of same-sex couples in marriage and parenthood An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation, such as the child welfare system, that are traditionally neglected Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises, often based on actual cases or events, that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of assisted reproduction (including IVF, surrogacy, and gamete donation), parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption, child welfare, and family support
A comprehensive social history of families and family law in twentieth-century America Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
This chapter provides a brief overview of the book highlighting the modest progress from child welfare to child well-being re?ected in these chapters, and the parallel movement in Kahn’s career and research, as his scholarship developed over the years. It then moves to explore the relationship between two overarching themes, child and family policy stressing a universal approach to children and social prot- tion stressing a more targeted approach to disadvantaged and vulnerable individuals including children and the complementarity of these strategies. Introduction To a large extent Alfred J. Kahn was at the forefront of the developments in the ?eld of child welfare services (protective services, foster care, adoption, and family preservationandsupport). Overtimehisscholarshipmovedtoafocusonthebroader policy domain of child and family policy and the outcomes for child wellbeing. His work, as is true for this volume, progressed from a focus on poor, disadvantaged and vulnerable children to a focus on all children. He was convinced that children, by de?nition, are a vulnerable population group and that targeting all children, empl- ing a universal policy as a strategy would do more for poor children than a narrowly focused policy targeted on poor children alone, As we ?rst argued more than three decades ago (Not for the Poor Alone; “Universalism and Income Testing in Family Policy”), one could target the most disadvantaged within a universal framework, and this would lead to more successful results than targeting only the poor.
Escape from Poverty addresses the recent increase of child poverty within the USA and suggests specific modes of change.