Katharine B. Silbaugh
Education
Amherst College, Amherst, MA
B.A. 1985, magna cum laude in English LiteratureThe University of Chicago Law School
J.D. 1992 with High Honors, Order of the Coif
Articles Editor, The University of Chicago Law Review
Illinois Women's Bar Association Scholarship for the outstanding woman law student at each Illinois law school
Employment
Boston University School of Law
Professor of Law, 1999 - present
Associate Dean for Academic Affairs, July 2004 – July 2006
Associate Professor, 1993 – 1999
Law Alumni Scholar, 2007-presentChuo University,Tokyo, Japan
Visiting Professor, November 2007Harvard Law School,Cambridge, MA
Visiting Professor of Law, 2006-07 academic yearHonorable Richard A. Posner, U.S. Court of Appeals for the Seventh Circuit, Chicago, IL
Law Clerk, 1992-1993Williams & Connolly, Washington, D.C.
Summer Associate, 1991The National Women's Law Center, Washington, D.C.
Summer Law Clerk, 1991Miller, Shakman, Hamilton & Kurtzon, Chicago, IL
Summer Associate, 1990
Publications (reverse chronological)
“Califano v. Westcott,” in Encyclopedia of the Supreme Court of the United States (forthcoming).
“Cleveland v. Lafleur,” in Encyclopedia of the Supreme Court of the United States (forthcoming).
Essentials of Family Law, with Katherine Baker, Aspen Legal Education (forthcoming).
“Psychology of Role Integration and Work-Family Policy,” (forthcoming).
“WalMart’s Other Woman Problem: Sprawl and Work-Family Balancing,” 39 Connecticut Law Review 1715 (2007).
“Women's Place: Urban Planning, Housing Design, and Work-Family Balance,” 76 Fordham Law Review 1797 (2007).
“Money as Emotion in the Distribution of Property at Divorce,” chapter in Reconceiving the Family: Critique on the American Law Institute’s Principles of the Law of Family Dissolution, Robin Fretwell Wilson, ed., Cambridge University Press (2006).
“The Practice of Marriage,” 20 Wisconsin Women’s Law Journal 189 (2005).
“After Goodridge: Will Civil Unions Do?” Jurist at http://jurist.law.pitt.edu/forum/silbaugh1.php (2/11/04).
“Is the Work-Family Conflict Pathological or Normal under the FMLA? The Potential of the FMLA to Cover Ordinary Work-Family Conflicts,” 15 Washington University Journal of Law and Policy 193 (2004).
“Proliferation,” 12 Columbia Journal of Gender and Law 462 (2003).
“Sex Offenses: Consensual,” Encyclopedia of Crime and Justice, J. Dressler, ed., Macmillan Reference USA (2002).
“Accounting for Family Change,” reviewing June Carbone, From Parents to Partners, 89 Georgetown Law Journal 923 (2001).
“The Structures of Care Work,” 76 Chicago-Kent Law Review 1389, Foreword to Symposium on the Structures of Care Work (2001).
“Gender and Non-financial Matters in the ALI Principles of the Law of Family Dissolution,” 8 Duke Journal of Gender Law & Policy 203 (2001).
Symposium Editor, “Symposium on the Structure of Care Work,” 76 Chicago-Kent Law Review (2001).
“Unbending Gender, Why Work and Family Conflict and What to Do About It,” 49 American University Law Review 943, Transcript of Conference New Directions in Feminist Legal Theory (2000).
“One Plus One Makes Two,” reviewing Milton Regan, Alone Together, 4 The Green Bag 2d 109 (Autumn 2000).
"Miller v. Albright: Problems of Constitutionalization in Family Law," 79 Boston University Law Review 1139 (1999).
"Grounded Applications: Feminism and Law at the Millenium," 50 Maine Law Review 201 (1998).
"Marriage Contracts and the Family Economy," 93 Northwestern University Law Review 65 (1998).
"Commodification and Women's Household Labor," 9 Yale Journal of Law and Feminism 81 (1997).
"Foreword," (Symposium on Transracial Adoption), 6 Boston University Public Interest Law Journal 381 (1997).
"The Polygamous Heart?," 1 Green Bag 2d 97 (1997). Reviewing Arlie Russel Hochschild, The Time Bind: When Work Becomes Home and Home Becomes Work (1997).
A Guide to America's Sex Laws (with Richard A. Posner), Chicago: University of Chicago Press (1996).
"Intrusive Law Reform," 76 Boston University Law Review 193 (1996).
"Turning Labor Into Love: Housework and the Law," 91 Northwestern University Law Review 1 (1996).
"Sticks and Stones Can Break My Name: Nondefamatory Negligent Injury to Reputation," (Comment) 59 University of Chicago Law Review 865 (1992).
Select Lectures/Presentations (reverse chronological)
Bar Ilan University (Ramat Gan, Tel Aviv, Israel): Faculty workshop, scheduled March 4, 2008
Chuo University (Tokyo, Japan): Employment At-Will in the United States, Lecture, November 16, 2007
Chuo University (Tokyo, Japan): Developments in Products Liability Law: Ideas and Interests, Faculty Workshop, November 13, 2007
University of Wisconsin: "Women's Place: Urban Planning, Housing Design, and Work-Family Balance," at conference, New Legal Realism meets Feminism & Legal Theory II: Empirical Perspectives on the Place of Law in Women's Work and Family Lives, scheduled October 6, 2007
University of Colorado: "Women's Place: Urban Planning, Housing Design, and Work-Family Balance" at conference, Second Annual Colloquium on Current Scholarship in Labor and Employment, scheduled September 28, 2007
Harvard Law School: panel, “Race, Gender, and Sexuality in the Military,” GALLA Conference on Don’t Ask Don’t Tell, March 3, 2007
Harvard Law School: panel, “Rewriting the Rules,” Women’s Law Association conference on Rewriting the Rules, February 16, 2007
Harvard Law School: debate, “Is same-sex marriage good for the country?” versus Maggie Gallagher, President, Institute for Marriage and Public Policy, November 6, 2006
Hofstra University School of Law: “the Architecture of Equality”, conference on Dimensions of Women’s Equal Citizenship, scheduled November 3, 2006.
University of Connecticut Law School: “Walmart’s other Woman Problem”, WalMart Matters Conference, October 21, 2006.
Boston University School of Law: “The role of Marriage in the Schiavo case”, Conference on Terri Schiavo—One Year Later, March 31, 2006
Wisconsin School of Law: “The Practice of Marriage”, keynote address for a symposium on the 20th anniversary of a law journal, December 5, 2005.
Boston University School of Law: “Lawrence v. Texas and Constitutional Historicism: A Comment on Jack Balkin”, Lochner Centennial Conference (October 15, 2004)
Harvard Law School: “Nonfinancial Aspects of Marriage: The Property Illustration,” Conference on the ALI’s Principles of the Law of Family Dissolution (October 14, 2004)
Boston Bar Association, Continuing Legal Education Series on the practical implications of the Goodridge same-sex marriage decision, presentation on the Defense of Marriage Act and federal-state marital status disparity (May 25, 2004)
Wisconsin Public Radio: Sole guest for a one-hour public radio broadcast throughout Wisconsin, Minnesota, Michigan and Illinois offering legal analysis on the first day Massachusetts issued marriage licenses to same sex couples, May 17, 2004, re-broadcast available at http://www.wpr.org/merens/index.cfm?strDirection=Prev&dteShowDate=2004%2D05%2D17%2016%3A00%3A00
Washington University School of Law: Presented Paper, “Women’s Place: Urban Planning and Work-Family Balance”, Faculty Workshop, April 27, 2004
Washington University Interdisciplinary Public Policy Workshop: Presented Paper, “Women’s Place: Urban Planning and Work-Family Balance”, Olin Center, Department of Economics, April 26, 2004
Northeastern University School of Law: delivered talk on Globalization of Caregiving Labor at Conference on Progressive Lawyering, Globalization, and Markets, November 7, 2003
Harvard Law School: Invited Closed Working Group on “Taking a Break from Feminism,” November conference, November 14, 2003
Expert Testimony before the Joint Committee on the Judiciary, Massachusetts Statehouse, on H. 3677, a bill to extend marriage benefits without regard to gender, October 23, 2003
University of California, Berkeley School of Law, Boalt Hall: Commodification and Women’s Household Labor, Legal Theory Workshop, October 10, 2002
University of Maine Law School: Care Work and Equality, Conference on Law, Labor and Gender, September 14, 2002
Harvard Law School: Pro-Marriage Initiatives, Harvard Law School, conference, "25 Years of Feminism & Legal Theory," March 9, 2002
New England School of Law: presenter and organizer of panel entitled “Redefining Family” at a Conference in Memory of Mary Joe Frug, March 30-31, 2001
University of Toronto: Canadian Law and Economics Association Annual Meeting, commentator, panel entitled, “Women, Work, and Family,” September 22, 2000
American University Law School: Facilitator of Workshop, Identities, Intimacies, and Cash: Re-Theorizing Commodification, American University, Washington College of Law, Washington, DC, June 23-24, 2000 (selected readings and lead discussion of Intimacies and Commodification)
Yale Law School: Invited Participant in Working Group, “Work, Family, and Citizenship,” at a working conference by invitation only, entitled, “Women, Justice & Authority,” April 28-20, 2000
Harvard Law School: Invited participant in all-day Roundtable Discussion, “Child Care, Women’s Work and Development Policy,” April 21, 2000
American University Law School: Presented Family Labor as Work, in “New Directions in Feminist Legal Theory,” at conference entitled “Unbending Gender, Why Work and Family Conflict and What to Do About It,” November 19, 1999
Yale Law School: Presented paper, “Marriage Contract and the Family Economy,” Workplace Theory and Policy Seminar of Professor Vicki Schultz, April 5, 1999
Cornell Law School: Presentation, “Family Work,” at conference entitled New Directions in Family Law, February 28, 1999
The Association of American Law Schools Annual Meeting: Presentation, “Domestic Workers,” Workshop on Work, Workers and Law in the 21st Century, New Orleans, Louisiana, January 7, 1999
University of Maine School of Law: Delivered paper, “Grounded Applications: Feminism and Law at the Millenium” at Conference: Feminism, Law, and the Twenty-first Century: Priorities and Practicalities, Saturday, April 4, 1998
Harvard Law School: Panel presentation, “Contemporary Challenges to Gender Equality,” at Conference entitled Reason, Passion and the Progress of Law: Remembering and Advancing the Constitutional Vision of Justice William J. Brennan, March 14, 1998
Columbia University Law School: Delivered paper, “Marriage Contracts and the Family Economy,” Feminism and Legal Theory Colloquium, March 13, 1998
Harvard Law School: Lecture to LLM students, “An Introduction to Feminist Jurisprudence,” October 24, 1997
National Public Radio: Guest with Laurence Tribe for one hour of Talk of the Nation, June 10, 1997
Columbia University Law School: Delivered paper, “Commodifying Women’s Household Labor,” Feminism and Legal Theory Colloquium, March 15, 1997
Yale Law School: Delivered paper, “Commodifying Women’s Household Labor,” Challenging Boundaries Conference, November 10, 1996
Boston University School of Law: Moderator of panel, “Is Welfare Reform Working?” April 11, 1996
The University of Connecticut School of Law: Panelist, “Women at Home in New Market Economies,” Conference on the Status of Women in New Market Economies, April 14, 1996
The University of Chicago Law School: Lecture, “Taxation and the Legal Treatment of Homemakers’ Domestic Labor,” Chicago, Illinois, January 18, 1996
The Law and Society Annual Conference: Chair of panel, “The Boundaries of the Law,” Toronto, Ontario, June 4, 1995
The Law and Society Annual Conference: Delivered paper: Turning Labor into Love: The Legal Treatment of Housework, Toronto, Ontario, June 3, 1995
Boston University School of Law: Faculty Workshop, The Law of Housework, work-in-progress, May 4, 1995
Boston University School of Law: Commentator on Anita Bernstein's, Better Living through Crime and Tort, The Conference on the Crime/Tort Distinction, April 1, 1995
Harvard School of Public Health: Lecture, Theories of Equal Treatment Under Law: The Case of Gender, December 7, 1994
Teaching
- Torts, Fall 1993, 1994, 1995, 1997, 1998, 2000, 2003, 2004, S2007
- Family Law, Spring 1994, 1995, 1996, 1997, 1998, 1999, S2003, S2004
- Women and the Law, S1995, F1995, S1997, S1998, F1998, F2000
- Employment Law, S2001, F2006
- Employment Discrimination, F2001, F2002
- Women, Work and Families, F2001, S2003, S2005
Amicus Briefs
2007 Amicus in Margaret Chambers v. Cassandra Ormiston, Silbaugh, Katharine, et al., On a Certified Question from the Supreme Court, Brief Amici Curiae of Professors of Conflict of Laws and Family Law, State of Rhode Island Supreme Court, addressing whether a Rhode Island family court has jurisdiction in the matter of a divorce filing by a same sex Rhode Island couple who were married in Massachusetts, 2007
2007 Amicus in Long Island Care at Home, Ltd. and Mary Osborne v. Evelyn Coke, Brief of Law Professors and Historians on writ of Certiorari to the U.S. Court of Appeals for the Second Circuit, March 2007, addressing the history of domestic service under the Fair Labor Standards Act
2006 Amicus in Elizabeth Kerrigan, et al. Commission of Public Health, before the Supreme Court of the State of Connecticut, Brief of The Family Law Practitioners and Professors of Family Law, December 11, 2006
2005 Amicus in Cote-Whitacre, et al v. Department of Health, et al, before the Massachusetts Supreme Judicial Court, Brief of Amicus Curiae Professors of Conflict of Laws and Family Law, addressing the use of a 1913 law to prevent out of state residents from marrying in Massachusetts, 2005
2004 Signatory to Law Professors brief to the Massachusetts Supreme Judicial Court on whether Civil Unions comply with the Goodridge opinion, January 2004, authored by Laurence Tribe
2002 Drafted amicus brief in same sex marriage case, Brief for Monroe Inker and Charles Kinregan, Amici Curiae, Goodridge et al v. DPH, Commonwealth of Massachusetts, Supreme Judicial Court, No. SJC 08860 (November 8, 2002), before the Massachusetts Supreme Judicial Court, 2002
Honors
Named Law Alumni Scholar, 2007
Recipient, Dean’s Award for Service to the Law School, 2006
Recipient, Michael Melton Award for Teaching Excellence, 2004
Select Miscellaneous Activities outside Boston University
MomsRising.org Advisory Committee drafting model state legislation on Family Responsibility Discrimination, 2007
Advisory Board Member, Harvard Journal of Law and Gender, 2007 – present.
Organized student research on behalf of the Save the Court Project for the Democratic Party in the Presidential election, 2004
Prepublication Peer Reviews for the Oxford University Press, 1994, 1998, 2007
Tenure reviews/ad hoc for other universities, 1998, 2000, 2003, 2004, 2005
Board of Directors, The Brookline Education Foundation, raises funds and provides grants to support innovative teaching and professional development in the public schools, 2007-present
Board of Overseers, The Epiphany School, a tuition-free middle school serving children of low-income families in Dorchester 2005-present
Co-Chair, Issues and Advocacy Committee, Women’s Statewide Legislative Network, 1996-1997
Cited and quoted in numerous mainstream media including the New York Times, the Christian Science Monitor, and The Boston Globe, and several appearances on radio and television broadcasts including the O’Reilly Report, the CBS morning show, and regional and national radio programs
Admitted to the Illinois Bar, 1992