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Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur 2018 University of Miami Law School

Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur

University of Miami Inter-American Law Review

No abstract provided.


Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune 2018 University of Georgia School of Law

Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune

Georgia Journal of International & Comparative Law

No abstract provided.


Honoring Professor Bruce Kogan (05-07-2018), Michael M. Bowden 2018 Roger Williams University School of Law

Honoring Professor Bruce Kogan (05-07-2018), Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child", Lisa M. Fitzgibbon 2018 University of Maine School of Law

Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child", Lisa M. Fitzgibbon

Maine Law Review

Should a divorce court be permitted to consider evidence of a parent's misuse of legal process when rendering a child custody decree? In Campbell v. Campbell the Maine Superior Court concluded that Mrs. Campbell had sought an ex parte protection from abuse order against her husband in an effort to gain a tactical advantage in the custody proceeding—she did not need protection from abuse. The court then awarded Mr. Campbell custody of the children, on the basis of Mrs. Campbell's misuse of legal process. Yet, by focusing its attention upon one parent's conduct, the superior court ...


In Search Of A Theory Of Alimony, John C. Sheldon, Nancy Diesel Mills 2018 University of Maine School of Law

In Search Of A Theory Of Alimony, John C. Sheldon, Nancy Diesel Mills

Maine Law Review

Maine's alimony statute is full of good advice. It directs judges who hear requests for alimony to “consider” all kinds of things, from the parties' individual wealth to their individual health, from their respective ages to their respective wages, from the length of their marriage to the strength of their educations. And, as if to subdue any doubt about the breadth of this assignment, the statute then invites judges to take into account “any other factors the court considers appropriate.” In short, the statute grants judges almost unlimited discretion in awarding alimony. Power notwithstanding, however, anyone who reads the ...


In Re: Matter Of E.R. C/W 73198, 134 Nev. Adv. Op. 29 (May 3, 2018), Matthew J. McKissick 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

In Re: Matter Of E.R. C/W 73198, 134 Nev. Adv. Op. 29 (May 3, 2018), Matthew J. Mckissick

Nevada Supreme Court Summaries

The Court held that once parental rights have been terminated, NRS 128.110(2) is the appropriate standard for applying the familial placement preference—not NRS 432B.550(5).


Child Protection Bench Cards For Idaho Judges, Elizabeth Brandt 2018 University of Idaho College of Law

Child Protection Bench Cards For Idaho Judges, Elizabeth Brandt

Books

Summaries of child protection laws to assist Idaho judges; aggravated circumstances determination, adjudicatory hearing, adoption - CPA related, advisement of rights, amended disposition hearing, case plan hearing, ICWA, ICPC, permanency hearing - no aggravated circumstances, permanency hearing - aggravated circumstances, psychotropic medications for children in care, review hearings, Rule 16 expansion for CP judges, Rule 16 expansion for juvenile judges, shelter care hearing, termination of parental rights, transition to successful adulthood, trauma informed judge.


The School To Deportation Pipeline, Laila L. Hlass 2018 Tulane University

The School To Deportation Pipeline, Laila L. Hlass

Georgia State University Law Review

The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has seeped into the system through the convergence of the criminal and immigration law regimes.

Immigration enforcement has seen a rise in mass immigrant detention and deportation, bolstered by provocative language casting immigrants as undeserving undesirables: criminals, gang members, and terrorists. Immigrant children, particularly black and Latino boys, are increasingly finding themselves ...


From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School of Law 2018 Roger Williams University

From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin 2018 University of Pennsylvania Law School

The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin

Fordham Law Review

This Essay reconsiders or reaffirms the Lovings’ status as civil rights icons by drawing on source material provided by the documentary The Loving Story. This nonfiction treatment of the couple and their lawsuit reveals their complexity as individuals and as a couple, the social relationships that made them desperate to live together and raise their children in Virginia, and the oppression they suffered at the hands of state actors motivated by a virulent white supremacy to make the Lovings’ desire to make a home for themselves in the state impossible. Part I briefly describes the Lovings’ struggle against Virginia’s ...


Foreword, R.A. Lenhardt, Tanya K. Hernandez, Kimani Paul-Emile 2018 Fordham University School of Law

Foreword, R.A. Lenhardt, Tanya K. Hernandez, Kimani Paul-Emile

Fordham Law Review

This Foreword provides an overview of Fifty Years of Loving v. Virginia and the Continued Pursuit of Racial Equality, a symposium hosted by the Fordham Law Review and cosponsored by the Fordham Law School Center on Race, Law & Justice. Even fifty years later, Loving provides ample foundation for an inquiry into the operation of race and racial inequality in the United States, which touches on the queries outlined above, as well as many others. In our view, a symposium focused on Loving makes a significant contribution by deepening scholarly analysis of that decision and by explicating the kinds of issues ...


Loving’S Legacy: Decriminalization And The Regulation Of Sex And Sexuality, Melissa Murray 2018 University of California, Berkeley, School of Law

Loving’S Legacy: Decriminalization And The Regulation Of Sex And Sexuality, Melissa Murray

Fordham Law Review

2017 marked the fiftieth anniversary of Loving v. Virginia, the landmark Supreme Court decision that invalidated bans on miscegenation and interracial marriages. In the years since Loving was decided, it remains a subject of intense scholarly debate and attention. The conventional wisdom suggests that the Court’s decision in Loving was hugely transformative— decriminalizing interracial marriages and relationships and removing the most pernicious legal barriers to such couplings. But other developments suggest otherwise. If we shift our lens from marriages to other areas of the law—child custody cases, for example—Loving’s legacy seems less rosy. In the years ...


Residential Segregation And Interracial Marriages, Rose Cuison Villazor 2018 University of California, Davis, School of Law

Residential Segregation And Interracial Marriages, Rose Cuison Villazor

Fordham Law Review

Part I highlights recent data on racially segregated neighborhoods and low rates of interracial marriage to underscore what Russell Robinson refers to as “structural constraints” that shape and limit romantic preferences. As I discuss in this Part, many cities today continue to be racially segregated. Notably, current data demonstrate a strong correlation between low rates of interracial marriage and racially segregated neighborhoods in those cities. By contrast, contemporary studies indicate that in cities where communities are more racially and economically integrated, the rate of interracial marriages is high. Part II argues that the association between high rates of segregation and ...


The Hope Of Loving And Warping Racial Progress Narratives, Jasmine Mitchell 2018 State University of New York at Old Westbury

The Hope Of Loving And Warping Racial Progress Narratives, Jasmine Mitchell

Fordham Law Review

Loving v. Virginia has been heralded as the catalyst for a “biracial baby boom.” Loving marked the end of the criminalization of miscegenation between nonwhite and white individuals and the automatic illegitimacy of mixed-race children in many states, and it heralded the beginning of the celebration of interracial families as part of a new multiracial, and eventual postracial, era. The construction of whiteness has been tied to the management of interracial sex and marriage, and Loving razed antimiscegenation laws that, in former Chief Justice Earl Warren’s words, had been “designed to maintain White Supremacy.” Today, the media relies on ...


Whose Sperm Is It Anyways In The Wild, Wild West Of The Fertility Industry?, Tatiana E. Posada 2018 Georgia State University College of Law

Whose Sperm Is It Anyways In The Wild, Wild West Of The Fertility Industry?, Tatiana E. Posada

Georgia State University Law Review

Imagine a couple that is unable to conceive a child naturally. Luckily, they had the money and resources available to them to conceive a child through assisted reproductive technology (ART), so they decided to start their family through the use of intrauterine insemination. They selected a sperm bank and began the arduous process of selecting a sperm donor who fit the desired traits and characteristics for their child. The sperm bank matched them with an anonymous donor, Donor 9623, and assured the couple that the donor was “a healthy male with an IQ of 160, a bachelor’s of science ...


Family Courts As Certifying Agencies: When Family Courts Can Certify U Visa Applications For Survivors Of Intimate Partner Violence, Sylvia Lara Altreuter 2018 Fordham University School of Law

Family Courts As Certifying Agencies: When Family Courts Can Certify U Visa Applications For Survivors Of Intimate Partner Violence, Sylvia Lara Altreuter

Fordham Law Review

Undocumented intimate partner violence survivors living in the UnitedStates have limited options for immigration relief. One of the only avenuesopen to them is the U Visa: a nonimmigrant visa established by the BatteredImmigrant Women Protection Act of 2000. To apply for a U Visa, a survivormust prove to immigration authorities that she was the victim of a crime;suffered substantial abuse; and was, is,or is likely to be helpful in theinvestigation of her abuser. The statute requires that all U Visa applicationsbe certified by an appropriate officialwho testifies to the applicant’shelpfulness with the investigation. This certification is a ...


Evolution Of The Racial Identity Of Children Of Loving: Has Our Thinking About Race And Racial Issues Become Obsolete?, Kevin Brown 2018 Indiana University Maurer School of Law

Evolution Of The Racial Identity Of Children Of Loving: Has Our Thinking About Race And Racial Issues Become Obsolete?, Kevin Brown

Fordham Law Review

I served on the panel entitled “The Children of Loving,” which for me has two connotations. First, as an African American who married a white woman twenty years after the decision, I am a child of Loving in the sense that I was in an interracial marriage. But as a father of two black-white biracial children, I am also a father of two Lovingchildren. In this Article, I focus on the latter connotation of the “Children of Loving.” In particular, I discuss the evolution of my children’s racial identities. Due to my personal connections, I can share both an ...


Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya Lovell Banks 2018 University of Maryland Francis King Carey School of Law

Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya Lovell Banks

Fordham Law Review

The focus of this Article is the underlying assumption of the Brookings Institution report that multiracial individuals constitute a separate racial category. My discussion of legal racial categories focuses only ongovernment “racial” definitions. Multiracial individuals should enjoy thefreedom to self-identify as they wish—and, like others, be afforded theprotections of antidiscrimination law.The question is whether a separate legal racial category is needed to provide that protection. Race in this country has been “crafted from the point of view of [white] race protection” protecting the interests of white Americans from usurpation by non whites and, unless the creation of a ...


Prejudice, Constitutional Moral Progress, And Being “On The Right Side Of History”: Reflections On Loving V. Virginia At Fifty, Linda C. McClain 2018 Boston University School of Law

Prejudice, Constitutional Moral Progress, And Being “On The Right Side Of History”: Reflections On Loving V. Virginia At Fifty, Linda C. Mcclain

Fordham Law Review

Looking back at the record in Loving, this Article shows the role played by narratives of constitutional moral progress, in which the Lovings and their amici indicted Virginia’s antimiscegenation law as an “odious” relic of slavery and a present-day reflection of racial prejudice. In response, Virginia sought to distance such laws from prejudice and white supremacy by appealing to “the most recent” social science that identified problems posed by “intermarriage,” particularly for children. Such work also rejected the idea that intermarriage was a path toward progress and freedom from prejudice. This Article concludes by briefly examining the appeal to ...


Fear Of A Multiracial Planet: Loving’S Children And The Genocide Of The White Race, Reginald Oh 2018 Cleveland-Marshall College of Law

Fear Of A Multiracial Planet: Loving’S Children And The Genocide Of The White Race, Reginald Oh

Fordham Law Review

Part I analyzes the Loving decision striking down antimiscegenation laws and examines the segregationists’ justifications for antimiscegenation laws. Next, Part II explores the historical opposition of white segregationists to interracial marriages, families, and children and argues that the principle and practice of endogamy is a central feature of Jim Crow segregation. Finally, Part III examines the present ideology of white nationalism and shows that white nationalists oppose interracial unions and families for some of the same reasons that white segregationists opposed them. Specifically, white nationalists oppose interracial families because they are one of the main factors contributing to the so-called ...


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