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Articles 1 - 4 of 4
Full-Text Articles in Law
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
Adam Lamparello
Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were …
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
Bethany Berger
On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indian-ness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may …
Homeschooling As A Constitutional Right: A Claim Under A Close Look At Meyer And Pierce And The Lochner-Based Assumptions They Made About State Regulatory Power, David M. Wagner
David N. Wagner
In 2012, a German family of would-be homeschoolers, the Romeikes, fled to the U.S. to escape fines and child removal for this practice, which has been illegal in Germany since 1938. The Sixth Circuit, in denying their asylum request, conspicuously did not slam the door on the possibility that if the Romeikes were U.S. citizens, they might have a right to homeschool. This article takes up that question, and argues that Meyer and Pierce, the classic cases constitutionalizing the right to use private schools, point beyond those holdings towards a right to homeschool; and that the permissible state regulations on …
An “I Do” I Choose: How The Fight For Marriage Access Supports A Per Se Finding Of Persecution For Asylum Cases Based On Forced Marriage, Natalie Nanasi
An “I Do” I Choose: How The Fight For Marriage Access Supports A Per Se Finding Of Persecution For Asylum Cases Based On Forced Marriage, Natalie Nanasi
Natalie Nanasi
There is something special about marriage. The U.S. Supreme Court, in striking down anti-miscegenation laws, restrictions on the right to marry for disadvantaged groups, and most recently, the Defense of Marriage Act, has long recognized the marital union to be “sacred” and “fundamental to…existence.” Yet this analysis is dramatically different when courts consider asylum law, where a woman who is seeking refuge in the United States to protect her from a forced marriage abroad will likely be denied protection because the harm she fears is not considered to be a “persecutory” act. She may therefore be forced to spend a …