Naomi Cahn

Naomi Cahn
George Washington University | GW

About

77
Publications
7,230
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457
Citations
Citations since 2017
10 Research Items
213 Citations
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Publications

Publications (77)
Chapter
Eastern and Western Perspectives on Surrogacy - edited by Jens M. Scherpe May 2019
Article
New technological and legal developments have enabled the formation of three‐parent families. Now that these families have arrived, families—and family law—must adapt to allocate responsibilities among the responsible adults. Identifies states permitting three‐parent families Demonstrates how family law allocates custody and visitation in these fam...
Article
Marriage and the family mark the fault lines of a growing political and class divide throughout the developed world. With rising inequality, family structure increasingly correlates with class. The political response to this growing class divide is as stark as the differences in marriage rates, and there is remarkably little agreement on the mechan...
Book
Full-text available
Traditionally, much of the work studying war and conflict has focused on men. Men commonly appear as soldiers, commanders, casualties, and civilians. Women, by contrast, are invisible as combatants, and, when seen, are typically pictured as victims. The field of war and conflict studies is changing: more recently, scholars of war and conflict have...
Article
A half century ago, American family lives did not differ markedly by class or region; children were born to married parents, shotgun marriages helped keep the nonmarital birth rate low, and women stayed home unless economics forced them into the workplace. In that era, the Utah Supreme Court cited New York cases in addressing non-marital cohabitati...
Article
In this article we use the idea of the 'marriage divide' to describe the transformation of the family to meet the needs of the information economy and the divisions that the transformation has created. In doing so, we emphasise three types of 'marriage divides' in the United States: class and racial, ideological and political, and family law/gender...
Article
This essay concerns the peculiar dilemmas of criminalization for women. I explain the ways in which women are policed, ranging from the monitoring of motherhood to the criminalization of prostitution. This policing may be through the criminal law, civil law, or more subtly, through cultural attitudes that devalue women's work yet simultaneously enc...
Article
In this Article, I explore how the roles of women at home are related to their roles at work. By explaining the dynamics of household changes, this Article provides an additional understanding of the need for women's home and workplace equality. I argue that the power that women have gained from their role as a caretaker within the home is a double...
Article
This Essay argues that much of what has been described as the "end of men" is in fact the recreation of class. Greater inequality among men and women has resurrected class differences and changed the way men and women relate to each other and channel resources to their children. While women have in fact gained ground in the workplace and acquired g...
Article
More than half of individuals over the age of 65 use the Internet or e-mail — and they are a fast-growing population on the Internet. Like most people, however, they have probably not considered how to dispose of their digital life if they become incapacitated or when they die, even though they are in the most likely age group to have drafted a wil...
Article
This essay provides an overview of federal involvement in foster care, starting with the 1909 White House Conference on Dependent Care, to show the historical relationship between aid to children and in-home care. This historical look reveals a shift toward child rescue that amounts to an overreaction to a perceived bias towards family preservation...
Article
This article argues that much of what has been described as “the end of men” is in fact the recreation of class. Greater inequality among men and among women has resurrected class differences and changed the way men and women relate to each other and channel resources to their children. While women have in fact gained ground in the workplace and ac...
Article
Full-text available
The post-conflict terrain provides multiple opportunities for transformation on many different levels: protecting civilians, providing accountability for human rights violations committed during hostilities, reforming local and national laws, reintegrating soldiers, rehabilitating and providing redress for victims, establishing or re-establishing t...
Chapter
The institution of marriage is at a crossroads. Across most of the industrialized world, unmarried cohabitation and nonmarital births have skyrocketed while marriage rates are at record lows. These trends mask a new, idealized vision of marriage as a marker of success as well as a growing class divide in childbearing behavior: the children of bette...
Article
Over the past century, the Supreme Court has articulated numerous doctrines that protect family privacy. These doctrines are not, however, well-suited to the brave new world of families formed through donor eggs, sperm, and embryos. As the number of donor-conceived children born to same-sex and heterosexual couples and to single parents increases,...
Article
Full-text available
While child support calculations have become a matter of routine, the parental determinations, on which they rest, have not. Marriage once served as a system to channel childrearing into two-parent families. Within this system, the marital presumption discouraged efforts to inquire too closely into circumstances that might rebut a husband’s paterni...
Article
Marriage has long been a symbol of union – between husband and wife, a compact between the couple and the community concerning support for children, and an institution that, even as it changed or cloaked inconvenient facts about sexuality or paternity, forged shared meanings about family life. Today, however, marriage has increasingly become a symb...
Article
Full-text available
While conflicts affect men, women, and children, women and girls face a set of distinct issues, including, of course, pervasive sexual violence, forced impregnation, reproductive violence, sexually transmitted diseases, and forced abortion. In Sexual Violence in Conflict Zones: From the Ancient World to the Era of Human Rights, over the course of f...
Article
In the immediate aftermath of armed conflict, security is critical to the possibility that refugees, displaced persons, and former combatants will return home, that the rule of law can be established, and that the state can move forward positively. Security in a post-conflict society is critical to preventing further conflict. Available empirical e...
Article
This article focuses on the advancements in and limitations of international criminal law to address the range of harms experienced by women in times of armed conflict. International criminal law is an important tool, but not the only relevant structure or institution that has a role to play in addressing the underlying conditions and causes that p...
Article
This article briefly explores the status of online assets once the owner becomes incapacitated or dies. It provides practical suggestions on how to marshal assets and ensure that they are appropriately handled, while also addressing some of the underlying theoretical issues involved in the relationship between online life and death.
Article
Gender oppression has been a feature of war and conflict throughout human history, yet until fairly recently, little attention has been devoted to addressing the consequences of violence and discrimination experienced by women in post-conflict states. Thankfully, that is changing. Today, in a variety of post-conflict settings-the former Yugoslavia,...
Article
Full-text available
A fairly substantial amount of literature has been generated over the years regarding the forms of masculinity that emerge in times of armed conflict and war. This war-focused literature (which links to, among other things, masculinities studies) has drawn from broader theoretical research identifying an organic link between patriarchy, its contemp...
Article
We have argued that family life has been reorganized around two different models: a blue family system that emphasizes emotional maturity and financial independence as the sine qua non of responsible family formation versus a red model that continues to steer sexuality into marriage, and therefore produces family formation at younger ages. While th...
Article
Full-text available
The political attention paid to moral values - in the context of the high profile fights over abortion, homosexuality, and abstinence education - has developed over the past quarter century in ideological terms as though race and class no longer existed. In fact, the changing understandings that attend family formation reflect a long term shift in...
Article
Full-text available
The battle for the future of assisted reproduction technologies (ART) has been joined. The tacit compromise underlying assisted reproduction - no laws are passed that even tangentially sanction embryo destruction and no laws are passed that intrude on the profitability of fertility treatments - may be coming to an end. As use of ART has increased,...
Article
Full-text available
This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin...
Article
This article uses a gender lens to explore how conflict affects men and women differently. It examines issues related to the emergence of certain kinds of “hyper” masculinity in situations of conflict and how such masculinities continue to function in subsequent peace-building attempts. The article argues that a failure to account for and be cogniz...
Article
This paper traces the history of attempts to restrict contraception, the legal events securing widespread access to contraception and their importance to a generation of college-aged women, the short-lived nature of the consensus that produced them, and the potential of the issue to serve as a rallying point for a revitalized feminism. It explores...
Article
The “Option of Adoption Act,” a Georgia law that was introduced by a staunchly anti-abortion Georgia state representative, establishes procedures for genetic donors to relinquish their rights to embryos before birth and permits, but does not require, embryo recipients to petition a court for recognition that they are the legal parents of a child bo...
Article
Understanding the biological roots of intimate behavior is a complex undertaking that involves the integration of evolutionary biology, evolutionary psychology, neuroscience, anthropology and sociology. Evolutionary biology describes theories that explain the persistence of certain types of behavior in terms of presumed evolutionary pressures or ad...
Article
This book focuses on the dilemmas of applying conflicting values to egg and sperm donation, arguing that the law must develop an integrated approach to the otherwise distinct aspects of technology, families, markets, and relationships. The thesis of this book is that sperm and egg donors are not simply selling “spare” body parts but are instead pro...
Article
Full-text available
This paper was written for a conference on third wave feminism. Third wave feminism recognizes the importance of "raising the floor," and this paper - from two second wave feminists - helps in developing an agenda for achieving that goal. After a brief exploration of two different models that we label "red families" and "blue families," this paper...
Article
Full-text available
"Deep Purple" examines the impact of religion on the politics and jurisprudence of abstinence education. Abstinence education is one of the many locations (issues) in the contemporary culture wars between red and blue state values. Families who live in red and blue states are experiencing divergent life patterns, and religion affects the developmen...
Article
Full-text available
The "culture wars," as they play out in high profile Supreme Court decisions and legislative fights over abortion and same-sex marriage, are first and foremost about family values. Central to these differences - and the focus of the article - is the fact that different families in different parts of the country are leading different lives. The one...
Article
Full-text available
This chapter incorporates gender consciousness into critiques of the rational actor model by revisiting Carol Gilligan's account of moral development. Economics itself, led by the insights from game theory, is reexamining trust, altruism, reciprocity, and empathy. Behavioral economics further explores the implications of a more robust conception of...
Article
This article critically examines the insights that biology (including evolutionary analysis and neuroscience data) offers for understanding the relationship between family law and family stability. The paper initially considers evolutionary analysis, comparative anatomy, and neuroscience data to conclude that while the pair bond appears to be a uni...
Article
Full-text available
Much of the work family literature that has blossomed over the last decade has focused on professional women and has emphasized policy changes that would be of less utility to many other working women and men. In this symposium contribution, we explore the recent data on working time to demonstrate that in today's economy more women are underemploy...
Article
Full-text available
This symposium article critiques the emerging literature on caretaking, a literature that concentrates on the need to create policies that would facilitate women's carework, from two distinct perspectives. The first part of the article compares the emphasis on caretaking with the recent proposals from the right that promote marriage as an adjunct t...
Article
This article addresses the role of the genetic tie in the parent-child relationship through three lenses. First, we argue that the legal system recognizes children's rights not by treating children as autonomous actors, but by identifying the individuals and institutions most likely to promote children's interests and encouraging their success. Sec...
Article
This article commences with a discussion of transitional constitutionaldesign and the ways in which the branches of governmentrelate to one another, focusing on the consequences of these structuresfor women. We are convinced that an analysis of the rights-bearingportions of a constitution alone is insufficient to fully capture the wayin which power...
Article
This Article examines the commodification of household labor performed by poor women. This Article also explores various perspectives on commodification, analyzing the benefits and drawbacks of commodification rhetoric. While I do not advocate payment of actual wages to mothers, I believe that focusing on the valuation of household work can be usef...

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