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Featured researches published by Maxine Eichner.


California Law Review | 2012

Dependency and the Liberal Polity: On Martha Fineman's the Autonomy Myth

Maxine Eichner

This review essay considers Martha Finemans provocative new book, The Autonomy Myth (2004). In it, Fineman argues that popular ideology in the United States has become fixated on the myth that citizens are and should be autonomous. Yet the fact that dependency is unavoidable in any society and must be dealt with to sustain the polity, Fineman contends, gives the state the responsibility to support caretaking. Fineman surveys a range of public policies and argues that the autonomy myth has caused the United States to fail woefully in this task. She also criticizes proposals to shore up and subsidize marriage and the marital family as misguided attempts to cabin dependency issues within families. This review essay discusses the contributions that The Autonomy Myth makes, as well as assesses Finemans normative proposals. I argue that Fineman carries her point that dependency is a condition for which a good and just polity should assume responsibility. Finemans conceptualizing this responsibility in terms of a debt that society owes to caregivers, however, raises particular conceptual difficulties that weaken her claim for state support. In place of Finemans framing of this issue, I suggest that the states responsibility should be conceived as grounded in its obligation to protect its most vulnerable citizens. This alternative conceptualization, I contend, not only provides a firmer ground for the states duty to support caretaking, it also more clearly delineates the limits of that support in a liberal society that seeks to pursue multiple goods. The essay also situates Finemans proposal in context with competing feminist proposals for dealing with the issue of caretaking, and argues that the state should seek to support caretaking in a manner that encourages citizens to integrate these responsibilities with work in the labor market. Finally, this essay asserts that while Fineman is correct that the fact of dependency should cause the state to redirect much of its support toward caretaker-dependent relationships, this does not require the state to abandon civil recognition of relationships between adults, as Fineman would have it. Instead I argue that according legal status to relationships between adults can be one of the ways through which the state takes account of dependency.


Archive | 2016

Market-Cautious Feminism

Maxine Eichner

This essay poses the question of whether the mainstream feminist movement in the United States, in concentrating its efforts on achieving gender parity in the existing workplace, is selling women short. In it, I argue that contemporary U.S. feminism has not adequately theorized the problems with the relatively unregulated market system in the United States. That failure has contributed to a situation in which women’s participation in the labor market is mistakenly equated with liberation, and in which other far-ranging effects of the market system on women’s lives inside and outside of work - many of them negative - are overlooked. To theorize the effects of the market system on women’s lives in a more nuanced manner, I borrow from the insights of earlier Marxist and socialist feminists. I then use this more nuanced perspective to outline an agenda for feminism, which I call “market-cautious feminism,” that seeks to regulate the market to serve women’s interests.


Archive | 2010

Family Law: Cases, Text, Problems

Ira Mark Ellman; Paul M. Kurtz; Lois A. Weithorn; Brian H Bix; Karen Czapanskiy; Maxine Eichner


Archive | 2010

The Supportive State

Maxine Eichner


International Breastfeeding Journal | 2008

Parenting and the workplace: The construction of parenting protections in United States law

Maxine Eichner


Archive | 2010

The Supportive State: Families, Government, and America's Political Ideals

Maxine Eichner


North Carolina Law Review | 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*

Maxine Eichner


bepress Legal Series | 2006

Marriage and the Elephant: The Liberal Democratic State's Regulation of Intimate Relationships Between Adults

Maxine Eichner


Yale Law Journal | 1988

Getting Women Work that Isn't Women's Work: Challenging Gender Biases in the Workplace Under Title VII

Maxine Eichner


American Journal of Bioethics | 2018

Medically Unexplained Symptoms and the Diagnosis of Medical Child Abuse

Maxine Eichner

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Brian H Bix

University of Minnesota

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