Katharine B. Silbaugh

Katharine B. Silbaugh

Professor of Law

The Honorable Frank R. Kenison Distinguished Scholar in Law

BA magna cum laude, Amherst College
JD with high honors and Order of the Coif, University of Chicago


Biography

Katharine Silbaugh is widely recognized for her pioneering work on gender, family care, and household labor. She is a leader in the legal literature on the relationship between work and family. Her research highlights the economic and social value of work done within households; the complex relationship between families and institutions, such as employers and schools; and the inadequacy of the legal framework supporting care work. Her publications about the relationship between institutions and family address a range of legal systems from family law and employment law to urban planning and education law.  She has intervened in policy matters of particular concern to LGBT individuals, including marriage equality litigation and anti-bullying law and policy.

Professor Silbaugh clerked for Judge Richard Posner of the US Court of Appeals for the Seventh Circuit. She later collaborated with Posner on a survey of sexual regulation, A Guide to America’s Sex Laws, published by the University of Chicago Press and now in paperback. She is co-author of The Essentials of Family Law (2009) with Katharine K. Baker. She also is the author of numerous journal articles and book chapters, including the landmark article “Turning Labor into Love: Housework and the Law” for Northwestern Law Review, She was the editor of the volume Structures of Carework, published by the Chicago-Kent Law Review. Professor Silbaugh contributed to the plaintiffs’ case in Goodridge v. Department of Public Health, the Massachusetts case that won the nation’s first same-sex marriage right in 2004, as well as to Gill v. O.P. M., challenging the denial of federal marriage recognition under the Defense of Marriage Act in 2011. She has provided advice on anti-bullying legislation to the Berkman Center for Internet & Society’s Youth Meanness and Cruelty Project and serves on several education-related boards and committees. She served on an advisory committee of momsrising.org that drafted model state legislation on Family Responsibility Discrimination.

Professor Silbaugh joined the Boston University faculty in 1993, received tenure and a full professorship in 1998, and was named Law Alumni Scholar in 2007. She served as the associate dean for academic affairs from 2004 until 2006. She spent the 2006-2007 academic year and Fall 2009 as a visiting professor at Harvard Law School, and was a visiting Professor of Law at Chuo University in Toyko in the Fall of 2007. She teaches Family Law; Education Law; Legislation; Employment Discrimination; Women, Work, and Families; and Gender and the Law. Professor Silbaugh was the recipient in 2004 of the Michael Melton Award for Excellence in Teaching.

Publications

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  • National Telecommunications and Information Administration: Comments from Researchers at Boston University and the University of Chicago Boston University School of Law Research Paper Series (2023)
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  • Katharine B. Silbaugh, Family Needs, Family Leave in 2023 53 Seton Hall Law Review (2023)
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  • Katharine B. Silbaugh, Title IX’s Unrealized Potential to Prevent Sexual Violence 103 Boston University Law Review Online (2023)
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  • Katharine B. Silbaugh, Medical Cannabis and the Age of Majority 101 Boston University Law Review (2021)
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  • Katharine B. Silbaugh, More than the Vote: 16-Year-Old Voting and the Risks of Legal Adulthood 100 Boston University Law Review (2020)
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  • Katharine B. Silbaugh, Developmental Justice and the Voting Age 47 Fordham Urban Law Journal (2020)
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  • Katharine B. Silbaugh, Emerson v. Magendantz, in Feminist Judgments: Rewritten Torts Opinions (2020)
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  • Katharine B. Silbaugh, The Common Law Inside a Social Hierarchy: Power or Reason? 61 Boston College Law Review Electronic Supplement (2020)
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  • Katharine B. Silbaugh, The Legal Design for Parenting Concussion Risk 53 U.C. Davis Law Review (2019)
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  • Katharine B. Silbaugh, Environmental Determinism: Functional Egalitarian Spaces Promote Functional Egalitarian Practices 71 Florida Law Review Forum (2019)
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  • Katharine B. Silbaugh, Distinguishing Households from Families 43 Fordham Urban Law Journal (2016)
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  • Katharine B. Silbaugh, Reactive to Proactive: Title IX's Unrealized Capacity to Prevent Campus Sexual Assault 95 Boston University Law Review (2015)
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  • Katharine B. Silbaugh, Bullying Prevention and Boyhood 93 Boston University Law Review (2013)
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  • Katharine B. Silbaugh, Dena Sacco, Felipe Corredor, June Casey & David Doherty, An Overview of State Anti-Bullying Legislation and other Related Laws The Kinder & Braver World Project: Research Series (2012)
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  • Katharine B. Silbaugh, Unsexing the End of Men: A Response to Darren Rosenblum’s Unsex Mothering: Toward a Culture of New Parenting Harvard Journal of Law & Gender (2012)
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  • Katharine B. Silbaugh, Deliverable Male 34 Seattle University Law Review (2011)
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  • Katharine B. Silbaugh, Testing as Commodification 35 Washington University Journal of Law & Policy (2011)
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  • Katharine B. Silbaugh, Architecture of Legal Feminism 9 Issues in Legal Scholarship (2011)
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  • Katharine B. Silbaugh, Sprawl, Family Rhythms, and the Four-Day Work Week 42 Connecticut Law Review (2010)
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  • Katharine B. Silbaugh & Katharine K. Baker, Family Law: The Essentials (2009)
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  • Katharine B. Silbaugh, Cleveland Board of Education v. Lafleur, 414 U.S. 632 (1974), in Encyclopedia of the Supreme Court of the United States (2008)
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  • Katharine B. Silbaugh, Califano v. Westcott, 443 U.S. 76 (1979), in Encyclopedia of the Supreme Court of the United States (2008)
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  • Katharine B. Silbaugh, WalMart's Other Woman Problem: Sprawl and Work-Family Balancing 39 Connecticut Law Review (2007)
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  • Katharine B. Silbaugh, Women's Place: Urban Planning, Housing Design, and Work-Family Balance 76 Fordham Law Review (2007)
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  • Katharine B. Silbaugh, Money as Emotion in the Distribution of Property at Divorce, in Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution (2006)
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  • Katharine B. Silbaugh, The Practice of Marriage 20 Wisconsin Women's Law Journal (2005)
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  • Katharine B. Silbaugh, 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 & Policy (2004)
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  • Katharine B. Silbaugh, Proliferation 12 Columbia Journal of Gender and Law (2003)
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  • Katharine B. Silbaugh, Sex Offenses: Consensual, in 4 Encyclopedia of Crime and Justice (Joshua Dressler,2002)
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  • Katharine B. Silbaugh, Foreword: The Structures of Care Work 76 Chicago-Kent Law Review (2001)
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  • Katharine B. Silbaugh, Gender and Nonfinancial Matters in the ALI Principles of the Law of Family Dissolution 8 Duke Journal of Gender Law & Policy (2001)
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  • Katharine B. Silbaugh, Accounting for Family Change 89 Georgetown Law Journal (2001) (book review)
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  • Joan Williams, Jamie Boyle, Adrienne Davis, Martha Ertman, Nancy Polikoff, Katharine B. Silbaugh, Lucie White, Susan Carle & Leti Volpp, Unbending Gender: Why Work and Family Conflict and What to Do About It 49 American University Law Review (2000)
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  • Katharine B. Silbaugh, One Plus One Makes Two 4 The Green Bag 2d (2000) (book review)
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  • Katharine B. Silbaugh, Grounded Applications: Feminism and Law at the Millennium 50 Maine Law Review (1998)
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  • Katharine B. Silbaugh, Marriage Contracts and the Family Economy 93 Northwestern University Law Review (1998)
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  • Katharine B. Silbaugh, Foreword 6 Boston University Public Interest Law Journal (1997)
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  • Katharine B. Silbaugh, Commodification and Women's Household Labor 9 Yale Journal of Law and Feminism (1997)
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  • Katharine B. Silbaugh, The Polygamous Heart? 1 Green Bag 2d (1997) (book review)
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  • Katharine B. Silbaugh, Intrusive Law Reform 76 Boston University Law Review (1996)
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  • Katharine B. Silbaugh & Richard A. Posner, A Guide to America's Sex Laws (1996)
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  • Katharine B. Silbaugh, Turning Labor into Love: Housework and the Law 91 Northwestern University Law Review (1996)
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  • Katharine B. Silbaugh, Sticks and Stones Can Break My Name: Nondefamatory Negligent Injury to Reputation 59 University of Chicago Law Review (1992)
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In the Media

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  • Wavelengths April 10, 2024

    Rep. Vargas to Participate in Forum on the Pros and Cons of Lowering the Voting Age

    Katherine Silbaugh is featured.
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  • News 18 April 6, 2024

    Should School Children Be Allowed to Vote? How Indian Elections Work & Why Polling Matters for Kids

    Katharine Silbaugh is quoted.
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  • Daily Record April 3, 2024

    Cheating on Your Spouse Is a Crime in New York. The 1907 Law May Be Repealed

    Katharine B. Silbaugh is quoted.
    read more

  • West Island Blog March 25, 2024

    New York Legislature Debates Repeal of Century-Old Adultery Law

    Katharine B. Silbaugh is featured.
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  • Sky News March 22, 2024

    New York Could Scrap Law That Criminalises Adultery

    Katharine Silbaugh is quoted.
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  • Associated Press

    Cheating on Your Spouse Is a Crime in New York. The 1907 Law May Finally Be Repealed

    Katharine B. Silbaugh is quoted.
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  • PR Newswire March 8, 2024

    Massachusetts Supreme Judicial Court Upholds Tobacco-Free Generation Law

    Katharine Silbaugh is quoted.
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  • Boston Globe November 24, 2023

    Brookline Banned Anyone Born This Century from Buying Tobacco in Town. The Rule Is ‘Clever,’ but Is It Legal?

    Katharine Silbaugh is quoted.
    read more

  • Big News Network November 6, 2023

    Massachusetts Court Puzzles over Lifetime Tobacco Ban for Gen Z

    Katharine Silbaugh is featured.
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  • Commonwealth Beacon November 4, 2023

    SJC Can Fuel Spread of Brookline Tobacco Law

    Katharine Silbaugh pens an opinion.
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  • CBS News November 29, 2022

    Boston City Councilors Weigh Allowing 16, 17-year-olds to Vote in Municipal Elections

    Kate Silbaugh is quoted.
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  • The Doctors May 13, 2022

    Could Laws Help Prevent The Next Generation from Smoking?

    Katharine Silbaugh is interviewed.
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  • The Atlantic April 20, 2022

    Should Couples Merge Their Finances?

    Katharine Silbaugh is quoted.
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  • BU Today January 18, 2022

    Can Brookline’s New Anti-Smoking Law Create a Tobacco-Free Generation?

    Katharine Silbaugh is interviewed.
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  • BU Today

    Can Brookline’s New Anti-Smoking Law Create a Tobacco-Free Generation?

    Katharine Silbaugh is interviewed.
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