Volume 88: Issue 5 · June 2010

Globalization, Women’s Work, and Care Needs: The Urgency of Reconciliation Policies

By Lourdes Beneria

This Address argues that the increase in women’s participation in paid work in many countries has made more manifest the tensions around balancing family and labor market work, hence making more obvious the need to solve the problems of care facing many families. First, the Address focuses on the significance of demographic changes affecting these tensions, namely rising women’s labor force participation rates, declining fertility rates, smaller family size, and… READ MORE

88 N.C. L. Rev. 1501 (2010)

Families on the Edge: Governing Home and Work in a Globalized Economy

By Kerry Rittich

Scholars working in the fields of labor law, globalization, law and development, and of course gender now encounter the family at every turn. This is sometimes true even when families and households are officially absent from the debate or issue under discussion, as is often the case. Whether the topic is the transformation of labor and employment law, the character of economic restructuring and market reform, or the path of… READ MORE

88 N.C. L. Rev. 1527 (2010)

Globalization, Canadian Family Policy, and the Omissions of Neoliberalism

By Janine Brodie

The relationship between globalization, family structures, and social policy is complex, uneven, and evolving. This Article examines social policy reform in Canada during the past two decades in order to advance three propositions about the relationship between globalization and public policy: first, the influence of globalization on social policy is neither direct nor uniform but, instead, strongly mediated by changing political rationalities; second, neoliberalism is most productively understood as a… READ MORE

88 N.C. L. Rev. 1559 (2010)

Families, Human Dignity, and State Support for Caretaking: Why the United States’ Failure to Ameliorate the Work-family Conflict is a Dereliction of the Government’s Basic Responsibilities

By Maxine Eichner

In the last two generations, the hours worked by American families have increased significantly as greater numbers of women have moved into the workplace. The resulting work patterns have put considerable stress on family life, particularly when it comes to accomplishing the caretaking tasks traditionally performed by women. The legal and policy responses to this problem have been surprisingly muted in the United States. Compared with many European nations, for… READ MORE

88 N.C. L. Rev. 1593 (2010)

Achieving Accountability for Migrant Domestic Worker Abuse

By Janie A. Chuang

Domestic work has become increasingly commoditized in the global economy. Migrant domestic workers’ remittances constitute a rich source of revenues for their countries of origin, while their labor ameliorates the “care deficit” experienced in wealthier countries of destination. Despite the importance of their work, migrant domestic workers are some of the most exploited workers in the world. They are often discriminated against based on their gender, class, race, nationality, and… READ MORE

88 N.C. L. Rev. 1627 (2010)

Abortion Access in the Global Marketplace

By Martha F. Davis

In the United States, government funding of legal abortion for low-income women has been uniquely “de-linked” from the fundamental right to an abortion. While the underlying right to an abortion has been repeatedly reaffirmed, federal courts have been unreceptive to any imposition of an affirmative governmental obligation to fund the exercise of the right. In contrast, the human rights framework, increasingly adopted worldwide by other national and regional courts and… READ MORE

88 N.C. L. Rev. 1657 (2010)

Race and Market Values in Domestic Infant Adoption

By Barbara Fedders

For prospective parents seeking to adopt U.S.-born babies, white infants are the most in demand and, relatively speaking, in the shortest supply. Some domestic adoption agencies have responded to this mismatch by assessing higher fees for the adoption of white infants than for infants of other races. After briefly considering the historically prominent role played by race in the different forms of domestic adoption, this Article explores the ethical and… READ MORE

88 N.C. L. Rev. 1687 (2010)

Credit for Motherhood

By Melissa B. Jacoby

This Essay builds on prior work exploring the impact of consumer lenders who sell credit products for assisted reproduction and adoption. After reviewing some basic attributes of the parenthood lending market, the Essay discusses how not-for-profit lenders promote traditional conceptions of motherhood and the division of carework in ways that credit discrimination laws were not designed to address. The Essay also articulates some incentives of for-profit lenders to sell motherhood… READ MORE

88 N.C. L. Rev. 1715 (2010)

A Woman’s Worth

By Kimberly D. Krawiec

This Article examines three traditionally “taboo trades”: (1) the sale of sex, (2) compensated egg donation, and (3) commercial surrogacy. The Article purposely invokes examples in which the compensated provision of goods or services (primarily or exclusively by women) is legal, but in which commodification is only partially achieved or is constrained in some way. I argue that incomplete commodification disadvantages female providers in these instances, by constraining their agency,… READ MORE

88 N.C. L. Rev. 1739 (2010)

The Very Uneasy Case Against Remittances: An Ex Ante Perspective

By Adam Feibelman

Money that individual migrants send back to their home countries has become a major source of foreign exchange for many developing and emerging economies. These remittances now represent a sizable percentage of the gross domestic product for many states; for some, remittance inflows are larger than all other sources of foreign capital. In recent years, scholars, policy makers, and international financial institutions have tended to view remittance inflows as a… READ MORE

88 N.C. L. Rev. 1771 (2010)

The Effects of U.S. Deportation Policies on Immigrant Families and Communities: Cross-Border Perspectives

By Jacqueline Hagan, Brianna Castro, and Nestor Rodriguez

Since the mid-1990s, the United States has enacted a series of laws that makes it easier to arrest, detain, and deport noncitizens. These laws, which have been highly criticized for the devastation they have brought to immigrant families, represent an abrupt departure from post–World War II immigration policies, which provided increasing rights to immigrants and their families. In this Article, we examine the implications of changes in enforcement strategies for… READ MORE

88 N.C. L. Rev. 1799 (2010)

Transnational Mothering: A Source of Gender Conflicts in the Family

By Rhacel Salazar Parrenas

Migration destabilizes families or what we think families should “look” like, as it forces the transformation of households from nuclear to transnational structures, challenges the traditional gender division of labor, and imposes the barrier of geographical distance on marital and intergenerational relations. Looking at the case of migration from the Philippines, this Article examines the effects of the feminization of migration on the family. This Article specifically looks at the… READ MORE

88 N.C. L. Rev. 1825 (2010)

Disruptions, Dislocations, and Inequalities: Transnational Latino/a Families Surviving the Global Economy

By Leah Schmalzbauer

This Article draws on field research with Honduran and Mexican transnational families and the transnational family literature to explore how global inequality is influencing gender and class relations within poor migrant families. This Article begins with an overview of the relationship between globalization, Latino/a migration, and transnational family formation. The Article then details and analyzes the intersections of transnational care arrangements and the gendered and classed experiences of individual transnational… READ MORE

88 N.C. L. Rev. 1857 (2010)

The Legal Production of the Transgressive Family: Binational Family Relationships Between Cuba and the United States

By Deborah M. Weissman

This Article reviews the relationship between U.S. policy after the 1959 Cuban Revolution and the legal mechanisms that have influenced the character of the binational Cuban-American family since then. Over the course of the last fifty years, the United States has used the rule of law to deny families fundamental customs of care-taking and comfort. Of course, the immigration regulations and attendant matters of travel and remittances are customarily linked… READ MORE

88 N.C. L. Rev. 1881 (2010)