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Clare Huntington

FLS Daculty Full Time Clare Huntington 240x240

Joseph M. McLaughlin Professor of Law

Curriculum Vitae
SSRN (academic papers)
Telephone: 212-636-6832
Office: Room 7-104

Faculty Assistant: Emma Mercer

Research and Teaching Areas

Family Law; Poverty Law; Legislation and Regulation


Professor Huntington is an expert in the fields of family law and poverty law. Her book, Failure to Flourish: How Law Undermines Family Relationships, was published by Oxford University Press in 2014. She publishes widely in leading law journals, exploring the intersection of poverty and families and with a recent focus on non-marital families. Professor Huntington serves as an Associate Reporter for the American Law Institute’s Restatement of the Law, Children and the Law. Professor Huntington served as Fordham Law School’s Associate Dean for Research from 2014 to 2019.

Professor Huntington’s legal experience includes serving as an Attorney Advisor in the Justice Department’s Office of Legal Counsel as well as clerking for Justice Harry A. Blackmun and Justice Stephen Breyer of the Supreme Court of the United States, Judge Merrick B. Garland of the United States Court of Appeals for the District of Columbia Circuit, and Judge Denise Cote of the United States District Court of the Southern District of New York. Prior to joining the Fordham faculty in 2011, Professor Huntington was an Associate Professor at the University of Colorado Law School. Professor Huntington earned her JD from Columbia Law School and her BA from Oberlin College.

Selected Publications


Failure to Flourish: How Law Undermines Family Relationships (Oxford University Press, 2014)

Articles and Essays

Conceptualizing Legal Childhood in the Twenty-First Century, 118 MICH. L. REV. 1371 (2020) (with Elizabeth Scott)

Abortion Talk, 117 MICH. L. REV. 1043 (2019) (reviewing Carol Sanger, About Abortion: Terminating Pregnancy in Twenty-First Century America)

The Empirical Turn in Family Law, 118 COLUM. L. REV. 227 (2018)

Early Childhood Development and the Law, 90 S. CAL. L. REV. 755 (2017)

Post-Marital Family Law: A Legal Structure for Non-Marital Families, 67 STAN. L. REV. 167 (2015) (reviewed by Camille Gear Rich in JOTWELL)

Staging the Family, 88 NYU L. REV. 589 (2013) (reviewed by Katharine Bartlett in JOTWELL)

Purple Haze, 109 MICH. L. REV. 903 (2011) (reviewing Naomi Cahn & June Carbone, Red Families v. Blue Families: Legal Polarization and the Creation of Culture)

Familial Norms and Normality, 59 EMORY L.J. 1103 (2010)

Repairing Family Law, 57 DUKE L.J. 1245 (2008)

The Constitutional Dimension of Immigration Federalism, 61 VAND. L. REV. 787 (2008)

Mutual Dependency in Child Welfare, 82 NOTRE DAME L. REV. 1485 (2007)

Rights Myopia in Child Welfare, 53 UCLA L. REV. 637 (2006)

Welfare Reform and Child Care: A Proposal for State Legislation, 6 CORNELL J. L. & PUB. POL’Y 95 (1996)

Book Chapters

Early Childhood Development and the Replication of Poverty, in Holes in the Safety Net: Federalism and Poverty (Ezra Rosser ed.) (Cambridge Univ. Press 2019)

Affective Family Law, in The Emotional Dynamics of Law and Legal Discourse (John Stannard & Heather Conway eds.) (Hart 2016)

New Knowledge in Child Protection: Neuroscience and its impact on practice, in Beyond the Risk Paradigm: Current debates and new directions in child protection (Marie Connolly ed.) (Palgrave 2017)

Invited Symposia and Other Work

Lessons from the Prekindergarten Movement, 47 Fordham Urb. L.J. 343 (2020)

The Legal Framework Governing Corporal Punishment, 73 Psychoanalytic Study Child 91 (2020)

A Promising Start for Early Childhood Development and the Law, 71 Fla. L. Rev. F. 70 (2019)

Family Law’s Exclusions, 87 Fordham L. Rev. Online 64 (2019)

The Place of Flourishing Families, 43 Fordham Urb. L. J. 963 (2017) (with Nestor Davidson)

Moore Kinship: Celebrating the 40th Anniversary of Moore v. City of East Cleveland, 85 FORDHAM L. REV. 2551 (2017) (with R.A. Lenhardt)

Non-marital Families and the Legal System’s Institutional Failures, 50 FAM. L.Q. 247 (2016).

Introduction, Special Issue: Feminist Legal Theory, 9 STUD. L. POL. & SOC. 1 (2016) (with Maxine Eichner) (guest editor for special issue)

Obergefell's Conservatism: Reifying Familial Fronts, 84 FORDHAM L. REV. 23 (2015)

Children’s Health in a Legal Framework (with Elizabeth Scott), 21 FUTURE OF CHILDREN 177 (2015) (invited symposium)

Family Law and Non-Marital Families, 53 FAM. CT. REV. 233 (2015) (invited special issue)

The Child Welfare System and the Limits of Determinacy, 76 LAW & CONTEMP. PROBS. 221 (2014) (invited symposium).

Neuroscience and the Child Welfare System, 20 J. L. & POL'Y 37 (2013) (invited symposium)

Flourishing Families, 50 FAM. CT. REV. 273 (2012)

Feminism’s Family, Legal Feminism Now Symposium, Issues in Legal Scholarship, Berkeley Electronic Press (2011) (invited symposium)

Embracing the Affective Family, 33 HARV. J. L. & GENDER 321 (2010) (invited symposium)

Happy Families? Translating Positive Psychology into Family Law, 16 VA. J. SOC. POL’Y & L. 385 (2009) (invited symposium)

A House Still Divided, A Response to Adam Cox’s Immigration Law’s Organizing Principles, 157 U. PENN. L. REV. PENNUMBRA (2009)

Parents as Hubs, 94 VA. L. REV. IN BRIEF 45 (2008)

Missing Parents, 41 FAM. L.Q. 131 (2008)

Family Group Conferencing in the United States: Questions for the Future, in Family Law: Balancing Interests and Pursuing Priorities (Lynn D. Wardle & Camille S. Williams eds.) (International Society of Family Law) (2007)