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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 ...


Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost 2018 University of California, Berkeley, School of Law

Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost

Fordham Law Review

Bigots such as the trial judge in Loving have long invoked religion to justify discrimination. We agree with other scholars that neither religion nor artistic freedom justifies letting businesses discriminate. However, we also want to make manifest the tension between the public posture of LGBT-rights litigants and the practices of some LGBT people who discriminate based on race in selecting partners. We argue that some white people’s aversion to dating and forming relationships with people of color is a form of racism, and this sexual racism is inconsistent with the spirit of Loving. Part I provides a review of ...


Loving Lessons: White Supremacy, Loving V. Virginia, And Disproportionality In The Child Welfare System, Leah A. Hill 2018 Fordham University School of Law

Loving Lessons: White Supremacy, Loving V. Virginia, And Disproportionality In The Child Welfare System, Leah A. Hill

Fordham Law Review

Part I of this Article introduces a brief discussion of the history of antimiscegenation laws and, specifically, their prevalence in the Commonwealth of Virginia during the 1950s. Next, Part II sets forth a short commentary about the Lovings’ triumph over antimiscegenation. Part III then details the Lovings’ judicial hurdles against the state, which argued that its antimiscegenation laws were enacted, in part, to prevent child abuse and thus served legitimate state interests. Part IV argues that the remnants of the white supremacist ideology at the center of Loving appear in our modern child welfare system, which has long been plagued ...


More Than Love: Eugenics And The Future Of Loving V. Virginia, Osagie K. Obasogie 2018 Yale University

More Than Love: Eugenics And The Future Of Loving V. Virginia, Osagie K. Obasogie

Fordham Law Review

This Symposium is dedicated to celebrating how Loving v. Virginia paved the way for greater acceptance of multiracial families and interracial intimacy. Loving is largely understood as a case that rejected the bigotry and hatred experienced by interracial couples and affirmed the idea that law supports love across racial lines. With this narrative comes the popular understanding that Loving stands for the notion that love conquers all. This idea has shaped other legal strategies and social movements, such as the effort to have same-sex marriage legally recognized. Thus, Loving is thought of as drawing attention to the importance of romantic ...


When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile 2018 U.S. Court of Appeals for the Sixth Circuit

When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile

Fordham Law Review

The year 2017 marked the fiftieth anniversary of the Loving v. Virginia decision, in which a unanimous U.S. Supreme Court struck down as unconstitutional laws prohibiting interracial marriage. Today, when we consider interracial loving, we tend to envision romantic relationships. What is often overlooked, however, is the relationship between parent and child: among the most intimate of relationships. A primary reason for this oversight may be that we do not often conceptualize the parent and child relationship as an interracial space. Indeed, although most people select their romantic partners, few are afforded the opportunity to select their children outside ...


Big Brother Is Watching: When Should Georgia Get Involved In Issues Of Family Privacy To Protect Children’S Liberties?, Michelle Wilco 2018 Georgia State University College of Law

Big Brother Is Watching: When Should Georgia Get Involved In Issues Of Family Privacy To Protect Children’S Liberties?, Michelle Wilco

Georgia State University Law Review

Alecia Faith Pennington (Faith) did not officially exist until she was nineteen. Faith’s conservative, religious parents, Lisa and James, raised their nine children on the family farm just outside Kerrville, Texas, and kept their family as self-sufficient and separate from the rest of the world as possible.

The family was very insular; the parents home schooled all of the children, and the family rarely left their home, with the rare exception of going to church. Lisa and James also prohibited their children from using the Internet until they were eighteen, at which point they were only allowed limited access ...


Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt 2018 Fox School of Business, Temple University

Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt

Fordham Law Review

Throughout the Loving case, religion appeared both overtly and subtly to endorse or lend credibility to the arguments against racial mixing. This use of religion is unsurprising given that supporters of slavery, white supremacy, and segregation have, for decades, turned to religion to justify their ideologies. Although these views are no longer mainstream, they have recently appeared again in arguments against same-sex marriage and gay and transgender rights generally. What is remarkable in the Loving case, however, is an alternate use of religion, not to justify white supremacy and segregation but instead to highlight the irrationality of its supporters’ claims ...


Standing In The Way Of Our Goals: How The Best Interest Of The Child (Whatever That Means) Is Never Reached In Texas Due To Lack Of Standing For Third-Party Parents, Jessica Nation Holtman 2018 Texas A&M University School of Law

Standing In The Way Of Our Goals: How The Best Interest Of The Child (Whatever That Means) Is Never Reached In Texas Due To Lack Of Standing For Third-Party Parents, Jessica Nation Holtman

Texas A&M Law Review

Currently in Texas, standing options for third-party nonparents seeking to file suits affecting the parent-child relationship (“SAPCRs”) are extremely limited. And, even though the standing options are codified, the evidence necessary to meet the threshold elements may be drastically different depending on the case’s location. These third parties, who have previously exercised parental responsibilities, must make showings to the court that most divorced parents could not make; and this is just for a chance to bring a claim in court. While this seems unfair, and Texas should absolutely resolve the split among its appellate courts, there is one extremely ...


Race And Assisted Reproduction: Implications For Population Health, Aziza Ahmed 2018 Fordham University School of Law

Race And Assisted Reproduction: Implications For Population Health, Aziza Ahmed

Fordham Law Review

This Article emerges from Fordham Law Review’s Symposium on the fiftieth anniversary of Loving v. Virginia, the case that found antimiscegenation laws unconstitutional. Inspired by the need to interrogate the regulation of race in the context of family, this Article examines the diffuse regulatory environment around assisted reproductive technology (ART) that shapes procreative decisions and the inequalities that these decisions may engender. ART both centers biology and raises questions about how we imagine our racial futures in the context of family, community, and nation. Importantly, ART demonstrates how both the state and private actors shape family formation along racial ...


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. Covers numerous topics: 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.


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.


Top-Down Or From The Ground?: A Practical Perspective On Reforming The Field Of Children And The Law, Cheryl Bratt 2018 Boston College Law School

Top-Down Or From The Ground?: A Practical Perspective On Reforming The Field Of Children And The Law, Cheryl Bratt

Boston College Law School Faculty Papers

Children get a raw deal in this country at the federal, state, and family levels. The law indisputably treats children in many limiting and paternalistic ways, typically designating them as objects to be controlled either by their parents or the government—two parties perpetually duking it out for authority. In their article, The New Law of the Child, 127 Yale L. J. 1448 (2018), Anne C. Dailey and Laura A. Rosenbury envision overhauling constitutional law to better promote children’s broader interests. Theirs is thus a top-down approach to change: by extending the Constitution to safeguard more robust rights for ...


Should Children Have A Voice In Custodial Placement?, Emily Moore 2018 St. John Fisher College

Should Children Have A Voice In Custodial Placement?, Emily Moore

The Review: A Journal of Undergraduate Student Research

The aim of this paper is to bring to attention the custodial placement of children with divorced parents. Essentially, this paper looks at the importance of involving the child in the process of deciding on a parenting schedule. This is done by examining how children are personally affected by this decision and arguments made to not involve children. Upon examination of these ideas, it becomes clear that during a divorce case children should be given the opportunity to share their opinion on the parenting schedule.


Low-Income Fathers, Adoption, And The Biology Plus Test For Paternal Rights, Lacey Johnson 2018 University of Arkansas, Fayetteville

Low-Income Fathers, Adoption, And The Biology Plus Test For Paternal Rights, Lacey Johnson

Arkansas Law Review

No abstract provided.


A Case For Revisiting The Child Welfare Act, Hannah Dudley 2018 Boston College Law School

A Case For Revisiting The Child Welfare Act, Hannah Dudley

Boston College Law Review

In 2017, in D.O. v. Glisson, the U.S. Circuit Court of Appeals for the Sixth Circuit held that the Child Welfare Act of 1980 (the “Act”) creates a privately enforceable right to foster care maintenance payments and that this right could be enforced by an individual through the use of § 1983. In a similar case, Midwest Foster Care and Adoption Ass’n v. Kincade, the Eighth Circuit held that the Act does not create a privately enforceable right and thus, could not be enforced through the use of 42 U.S.C. § 1983. This Comment argues that the ...


Home Sweet Home? Determining Habitual Residence Within The Meaning Of The Hague Convention, Morgan McDonald 2018 Boston College Law School

Home Sweet Home? Determining Habitual Residence Within The Meaning Of The Hague Convention, Morgan Mcdonald

Boston College Law Review

In becoming a signatory to The Hague Convention on International Child Abduction, the United States agreed to expeditiously return all internationally abducted children to the country of their habitual residence, such that that nation may determine the merits of any underlying custody disputes. The Convention failed, however, to instruct American courts as to how to determine a child’s habitual residence. This has resulted in a split among circuits as to whether habitual residence should be determined using objective evidence of the child’s perspective, subjective evidence of parental intent, or some combination. In 2017, the Eighth Circuit held in ...


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