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In Re Parental Rights As To M.M.L., 133 Nev. Adv. Op. 21 (May 11, 2017), Hayley Cummings 2017 Nevada Law Journal

In Re Parental Rights As To M.M.L., 133 Nev. Adv. Op. 21 (May 11, 2017), Hayley Cummings

Nevada Supreme Court Summaries

The Court determined that (1) when a parent is deemed incompetent to stand a criminal trial, there is no statutory authority requiring the district court to continue a parallel parental rights termination trial so that the parent can regain competence; and (2) when a litigant fails to object to the State’s method of service in initial pleadings or during trial, the litigant waives all challenges to the service of a parental rights termination by publication.


Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan 2017 Boston College Law School

Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan

Boston College Law Review

On November 20, 2015, the U.S. Court of Appeals for the Fourth Circuit in Hernandez-Zavala v. Lynch held that adjudicators deciding whether a noncitizen has been convicted of a crime of domestic violence as defined in 8 U.S.C. § 1227(a)(2)(E)(i) must apply the circumstance-specific approach to the statute’s domestic relationship requirement. In so doing, the Fourth Circuit carved out an exception to the more protective categorical and modified categorical approaches, which limit the evidence that may be admitted to determine whether a conviction triggers immigration consequences. This Comment argues that the Fourth Circuit ...


Introduction: Moore V. City Of East Cleveland: How One Grandmother Helped A Nation Redefine Family, Anne Williams-Isom 2017 Harlem Children's Zone

Introduction: Moore V. City Of East Cleveland: How One Grandmother Helped A Nation Redefine Family, Anne Williams-Isom

Fordham Law Review

When reviewing the Moore v. City of East Cleveland decision, it is impossible not to see one of the grandmothers that Harlem Children’s Zone (HCZ) routinely encounters in Inez Moore. While educating children is the primary focus of HCZ, working with the adults who bring those children through the doors is important to HCZ’s success. Miss Inez, as she would have been referred to by HCZ, illustrates the important role played by extended families in communities of color.


Foreword: Moore Kinship, R. A. Lenhardt, Clare Huntington 2017 Fordham University School of Law

Foreword: Moore Kinship, R. A. Lenhardt, Clare Huntington

Fordham Law Review

Forty years ago, Mrs. Inez Moore, a widowed black mother and grandmother of little means, secured a victory that likely seemed improbable to many. Without any money, but with the assistance of a team of dedicated Legal Aid attorneys, she took her lawsuit challenging an East Cleveland, Ohio, zoning ordinance that made it a crime for her to live with her grandson all the way to the U.S. Supreme Court and won. The ordinance permitted certain extended family configurations to reside together within the city’s limits, but it prohibited Inez’s family arrangement. Just by bringing her infant ...


Moore’S Potential, June Carbone, Naomi Cahn 2017 University of Minnesota

Moore’S Potential, June Carbone, Naomi Cahn

Fordham Law Review

Part I of this Article briefly explores the culture wars that have consumed American politics since Moore. Part II discusses Moore’s uneasy position within the conception of family as a matter of choice versus tradition. Then, to the extent that the Moore Court addressed the changing family, Part III shows how it did so by treating the extended family as a manifestation of traditional family values, not the newly emerging substantive family values that valorize delay in childbearing and financial independence. Finally, Part IV considers Moore's missed opportunities to examine the relationship between family form, race, and class.


John Moore Jr.: Moore V. City Of East Cleveland And Children’S Constitutional Arguments, Nancy E. Dowd 2017 University of Florida Fredric G. Levin College of Law

John Moore Jr.: Moore V. City Of East Cleveland And Children’S Constitutional Arguments, Nancy E. Dowd

Fordham Law Review

This Article is divided into three parts. First, I retell the story of Moore from John Jr.’s perspective and frame his potential claims. Second, I explore constitutional arguments under existing doctrine, using contemporary equal protection and substantive due process analyses. Finally, I suggest how a children’s rights perspective might be even more persuasive as a strategy for John Jr. as well as for achieving opportunity and equality on behalf of contemporary children living amid and affected by structural inequalities that impact their developmental capacity.


Sharing A House But Not A Household: Extended Families And Exclusionary Zoning Forty Years After Moore, Solangel Maldonado 2017 Seton Hall University School of Law

Sharing A House But Not A Household: Extended Families And Exclusionary Zoning Forty Years After Moore, Solangel Maldonado

Fordham Law Review

This Article proceeds in three parts. Part I briefly recounts the evolution of zoning laws and their effect on racial minorities. Next, Part II demonstrates how single-family zoning laws disproportionately exclude racial minorities from the most desirable blocks. Part II also examines how these laws economically and socially disadvantage minorities and hinder efforts to integrate neighborhoods and schools. Then, Part III uses Moore to explore potential solutions and concludes that, at minimum, zoning laws cannot exclude two-family homes that are occupied by extended family members. It also shows how Moore may support a more inclusionary approach to zoning.


Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig 2017 University of California, Berkeley School of Law

Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig

Fordham Law Review

Part I of this Article briefly recounts the plurality decision in Moore before analyzing Justice Brennan’s concurring opinion and detailing how the concurrence affirms, rather than deconstructs, the notion of African American deviance in families. Next, Part II specifies the ways in which Justice Brennan could have truly uplifted African American families and other families of color by identifying and explicating the strengths of extended or multigenerational family forms among people of color and by showing how such family forms can be a model, or even the model (if one must be chosen), for all families. Then, Part III ...


Complex Kinship Networks In Fragile Families, Tonya L. Brito 2017 University of Wisconsin Law School

Complex Kinship Networks In Fragile Families, Tonya L. Brito

Fordham Law Review

This Article examines the complex kinship networks in families that experience multiple-partner fertility. Part I begins with a broad examination of the dramatic changes to the American family that have occurred over the past half century. Part I then highlights the broad diversity of forms present in today’s families, the evolving nature of American families, and how a two-tiered family system has emerged as patterns have diverged along class-based lines. Next, Part II turns to multiple-partner fertility, assessing what we know and do not know about this social phenomenon, including its prevalence, characteristics, and trends. Part III then addresses ...


The Empirics Of Child Custody, Margaret Ryznar 2017 Indiana University McKinney School of Law

The Empirics Of Child Custody, Margaret Ryznar

Cleveland State Law Review

Child custody issues are as American as apple pie, with only a quarter of children seeing their parents married until the end. The legal standard for custody is the best interests of the child, but the greyness of this inquiry allows courts to make difficult judgments. In family law, such discretionary standards govern factually diverse cases and make it difficult to draw conclusions from individual cases. This Article offers an objective measurement in family law by empirically examining a sample of Indiana divorce cases filed during three months in 2008 that involved children. The resulting analysis of child custody and ...


Exploring The Boundaries Of Obergefell, Andrew J. Pecoraro 2017 College of William & Mary Law School

Exploring The Boundaries Of Obergefell, Andrew J. Pecoraro

William & Mary Law Review

No abstract provided.


Reflections On The Challenge Of Inez Moore: Family Integrity In The Wake Of Mass Incarceration, Ann Cammett 2017 City University of New York (CUNY) School of Law

Reflections On The Challenge Of Inez Moore: Family Integrity In The Wake Of Mass Incarceration, Ann Cammett

Fordham Law Review

The U.S. Supreme Court case Moore v. City of East Cleveland has long been celebrated as affirming constitutional rights related to family integrity. The Moore holding specifically confirmed the Court’s obligation to scrutinize housing ordinances that regulate a traditional family’s household composition. By comparison and extension, one might assume that alternative family formations would trigger similar scrutiny, but the Court has been loath to extend these protections. Apart from the Court’s failure to increase protections beyond traditional extended families, an interesting phenomenon has gone largely unexplored in this jurisprudential framework. In the wake of late twentieth-century ...


Other Mothers, Kevin Maillard 2017 Syracuse University College of Law

Other Mothers, Kevin Maillard

Fordham Law Review

There is a robust body of scholarship and jurisprudence addressing psychological parents, assisted reproductive technology, surrogacy, and same-sex parents, which reinforces the primacy of heterosexual marriage and procreation. This tradition suggests a vulnerability of parental status involving the other parent. Now that legal parenthood can be approached in a number of ways, it is time to take a critical look at the preeminence of motherhood and gestation in the determination of parental status and fitness.


Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning Lau 2017 University of North Carolina School of Law

Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning Lau

Fordham Law Review

This Article proceeds in two parts. Part I examines the United States’s and South Africa’s competing approaches to same-sex marriage. Both countries’ highest courts ruled that excluding same-sex couples from marriage is unconstitutional, but they took divergent paths to reach that conclusion. This Article contends that the Constitutional Court of South Africa paved a better road for other countries to follow because it developed a superior conceptualization of the right to marry. Part II looks beyond same-sex marriage to explore new frontiers for reforming laws to address family diversity both in the United States and in South Africa ...


Comentarios Respecto Del Decreto Legislativo 1323 Sobre Violencia De Género, Beatriz Ramirez 2017 Pontificia Universidad Catolica del Peru

Comentarios Respecto Del Decreto Legislativo 1323 Sobre Violencia De Género, Beatriz Ramirez

Beatriz Ramirez

La autora analiza los alcances del Decreto Legislativo N.° 1323: la creación de un delito específico para sancionar la violencia contra las mujeres y los integrantes del grupo familiar; la mejor tipificación de las circunstancias agravantes en los delitos de feminicidio, lesiones graves, lesiones leves y maltrato-falta; una
adecuada sanción de la violencia patrimonial; la ampliación de la protección contra la violencia psicológica; la incorporación de los delitos de explotación sexual, esclavitud y otros similares; y un listado taxativo de categorías prohibidas de discriminación. Por otro lado, examina y rebate cada uno de los argumentos de la Comisión de Constitución ...


The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott 2017 University of Maine School of Law

The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott

Maine Law Review

In a 2014 article in the Maine Law Review, the author reviewed the historical and legal foundations for guardian ad litem (GAL) appointments by judges on behalf of children in Maine. GALs are appointed to provide the court with investigative facts and recommendations concerning the best interest of a child. The implications and frustrations expressed during political and policy discussions reflect a broader national debate deeply rooted in the power of family law courts when child custody or abuse and neglect are alleged. Whether in the form of child protection or child custody litigation, the sheer volume and complexity of ...


Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright 2017 Lincoln Memorial University Duncan School of Law

Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright

Lincoln Memorial University Law Review

This Note addresses Tennessee's no-fault divorce statute. Currently, married couples are forced to either agree on all issues or prove at least one fault ground. This author contends that the current law imposes an unnecessary burden on litigants, which wastes precious resources that Tennessee families could use for more productive purposes. Moreover, pure no-fault states have not seen a disproportionate rise in divorce rates. Last, pure no-fault divorce better reflects current societal trends and the evolving effect of religious affiliation on how a younger generation defines morality.


Zoning For The Elderly And Family Rights, Ralph J. Libsohn 2017 St. John's University School of Law

Zoning For The Elderly And Family Rights, Ralph J. Libsohn

The Catholic Lawyer

No abstract provided.


Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman 2017 Concordia University School of Law

Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman

Concordia Law Review

The purpose of this Essay is to explore the idea that the student loan indebtedness bearing down upon the majority of today’s college graduates creates economic insecurity that forces borrowers to reject or significantly delay marriage, and that burden, taken together with an already lukewarm Millennial attitude, may not bode well for the future of the institution. Record numbers of Millennials have rejected the traditional path of marriage-homeownership-children, and the percentage of Millennials who will marry by age 40 is projected to fall lower than the figure for any previous generation of Americans. To the extent that marriage is ...


A Call For Change: The Detrimental Impacts Of Crawford V. Washington On Domestic Violence And Rape Prosecutions, Anoosha Rouhanian 2017 George Washington University Law School

A Call For Change: The Detrimental Impacts Of Crawford V. Washington On Domestic Violence And Rape Prosecutions, Anoosha Rouhanian

Boston College Journal of Law & Social Justice

In 2004, the U.S. Supreme Court held in Crawford v. Washington that testimonial hearsay is inadmissible at trial unless the declarant is available for cross-examination. Courts have subsequently struggled to define “testimonial hearsay,” but have often vaguely defined it as an out-of-court statement made for the primary purpose of establishing past events for use in future prosecution. Although Crawford intended to protect a defendant’s Sixth Amendment right to confrontation, in doing so, it overlooked the holding’s detrimental effects on two particular types of victims: domestic violence and rape victims. Under Crawford, domestic violence and rape victims’ out-of-court ...


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