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Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation, Nina Kucharczyk 2017 Fordham University School of Law

Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation, Nina Kucharczyk

Fordham Law Review

This Note suggests a new approach to address the unintended consequences of ban-the-box legislation. The solution to combat unconscious discrimination during the hiring process is not to eliminate ban- the-box laws entirely; instead, lawmakers must modernize and strengthen Commercial discrimination doctrine to empower racial minorities who suspect discrimination and to ensure employers are critically analyzing their hiring processes.


Political Insider Trading, Michael R. Siebecker 2017 University of Denver, Sturm College of Law

Political Insider Trading, Michael R. Siebecker

Fordham Law Review

A fiduciary breach due to secret use of Business Organizations assets for personal gain marks the essential concern in both the insider trading realm and in the context of Business Organizations political spending. Therefore, adopting a similar common law fiduciary rule that Business Organizations managers must disclose the amount and target of political expenditures or refrain from engaging in political activity does not seem like much of an intellectual leap. Not only would such a common law disclosure duty fit neatly within existing Business Organizations governance principles, but the compelled transparency would not offend corporations’ First Amendment rights. In the ...


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 ...


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 ...


I Share, Therefore It's Mine, Donald J. Kochan 2017 Chapman University School of Law

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights ...


The Potential And Limitations Of Universal Background Checking For Gun Purchasers, James B. Jacobs, Zoe Fuhr 2017 NYU School of Law

The Potential And Limitations Of Universal Background Checking For Gun Purchasers, James B. Jacobs, Zoe Fuhr

New York University Public Law and Legal Theory Working Papers

Current federal law defies logic in requiring that only purchasers who buy from federally licensed sellers be subject to background checking. Thus, universal background checking is frequently proposed as the best and most important form of “sensible gun control”. Upon closer inspection, however, universal background checking would be harder to implement and enforce than proponents recognize. Moreover, the likely payoff in reduction of gun homicides, crimes and suicides would be less than what is often assumed. This Article closely examines universal background checking in theory and practice, including the Manchin-Toomey Amendment which Congress rejected in 2013 but which continues to ...


Letter From The Editor, Lauren Ritter 2017 University of Richmond

Letter From The Editor, Lauren Ritter

Richmond Public Interest Law Review

No abstract provided.


Fixing Virginia's Food-Beverage Ratio: Is This Inescapable Problem Also An Unsolvable One?, Mark Shuford 2017 University of Richmond

Fixing Virginia's Food-Beverage Ratio: Is This Inescapable Problem Also An Unsolvable One?, Mark Shuford

Richmond Public Interest Law Review

No abstract provided.


The Missing Annuity Mystery: Providing Protection For The Former Spouse Of Servicemembers And Retirees, Mark E. Sullivan 2017 University of Richmond

The Missing Annuity Mystery: Providing Protection For The Former Spouse Of Servicemembers And Retirees, Mark E. Sullivan

Richmond Public Interest Law Review

No abstract provided.


Cook V. Snyder: A Veteran's Right To An Additional Hearing Following A Remand And The Development Of Additional Evidence, Shawn D. Murray 2017 University of Richmond

Cook V. Snyder: A Veteran's Right To An Additional Hearing Following A Remand And The Development Of Additional Evidence, Shawn D. Murray

Richmond Public Interest Law Review

No abstract provided.


Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley 2017 University of Richmond

Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley

Richmond Public Interest Law Review

No abstract provided.


Wounded Warriors' Justice Denied: Should Barriers To Expungement Keep Veterans Jobless And Homeless?, Roberto Cruz 2017 University of Richmond

Wounded Warriors' Justice Denied: Should Barriers To Expungement Keep Veterans Jobless And Homeless?, Roberto Cruz

Richmond Public Interest Law Review

No abstract provided.


Table Of Contents, 2017 University of Richmond

Table Of Contents

Richmond Public Interest Law Review

No abstract provided.


Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison Tinsey 2017 University of Richmond

Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison Tinsey

Richmond Public Interest Law Review

No abstract provided.


Virginia's Proffer System And The Proffer Reform Act Of 2016, Edward A. Mullen, Michael A. Banzhaf 2017 University of Richmond

Virginia's Proffer System And The Proffer Reform Act Of 2016, Edward A. Mullen, Michael A. Banzhaf

Richmond Public Interest Law Review

No abstract provided.


Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century, Brittany Anderson 2017 University of Richmond

Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century, Brittany Anderson

Richmond Public Interest Law Review

No abstract provided.


2016 Symposium Keynote Address, Mark Herring 2017 Attorney General, Virginia

2016 Symposium Keynote Address, Mark Herring

Richmond Public Interest Law Review

No abstract provided.


Personal Reflections On The Opioid Epidemic And Legal Responses, The Honorable Catherine Currin Hammond, Shannon Taylor 2017 University of Richmond

Personal Reflections On The Opioid Epidemic And Legal Responses, The Honorable Catherine Currin Hammond, Shannon Taylor

Richmond Public Interest Law Review

No abstract provided.


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