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A Letter From The Editors, DePaul Journal for Social Justice Editorial Board 2017 DePaul University College of Law

A Letter From The Editors, Depaul Journal For Social Justice Editorial Board

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2017 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


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 ...


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.


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 ...


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.


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 ...


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 ...


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.


Jail Isolation After Kingsley: Abolishing Solitary Confinement At The Intersection Of Pretrial Incarceration And Emerging Adulthood, Deema Nagib 2017 Fordham University School of Law

Jail Isolation After Kingsley: Abolishing Solitary Confinement At The Intersection Of Pretrial Incarceration And Emerging Adulthood, Deema Nagib

Fordham Law Review

In 2015, the U.S. Supreme Court held that allegations of excessive use of force in pretrial detention are subject to an objective standard. However, it is unclear whether the objective standard extends to claims arising out of different factual circumstances. The Second Circuit’s recent decision in Darnell v. Pineiro to extend Kingsley v. Hendrickson to conditions-of- confinement cases provides hope. This Note argues that Kingsley should extend to solitary confinement litigation—particularly the isolation of emerging adults in pretrial detention. Solitary confinement is a widespread practice in the criminal justice system, but the implications of its use in ...


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.


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.


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.


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.


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