Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

How To Explain To Your Twins Why Only One Can Be American: The Right To Citizenship Of Children Born To Same-Sex Couples Through Assisted Reproductive Technology, Lena K. Bruce Dec 2019

How To Explain To Your Twins Why Only One Can Be American: The Right To Citizenship Of Children Born To Same-Sex Couples Through Assisted Reproductive Technology, Lena K. Bruce

Fordham Law Review

Sections 301 and 309 of the Immigration and Nationality Act (INA) govern birthright citizenship by descent. Per the U.S. Department of State’s (DOS) interpretation of these sections, to transmit citizenship to a child, the U.S. citizen-parent must have a biological connection with the child. For couples who use assisted reproductive technology (ART) to have children, however, this means that one parent will always be barred from transmitting citizenship to their own child. This is because in ART families, at least one parent will always lack the biological connection that the DOS requires to transmit citizenship pursuant to the INA. This …


Mestizaje/Mesticagem: Racism & Citizenship In Latin America, Tanya Hernandez, Yuko Miki, Nitza Escalera Oct 2019

Mestizaje/Mesticagem: Racism & Citizenship In Latin America, Tanya Hernandez, Yuko Miki, Nitza Escalera

Posters

Maloney Library lecture series, Behind the Book


Dignity And Social Meaning: Obergefell, Windsor, And Lawrence As Constitutional Dialogue, Steve Sanders Apr 2019

Dignity And Social Meaning: Obergefell, Windsor, And Lawrence As Constitutional Dialogue, Steve Sanders

Fordham Law Review

The U.S. Supreme Court’s three most important gay and lesbian rights decisions—Obergefell v. Hodges, United States v. Windsor, and Lawrence v. Texas—are united by the principle that gays and lesbians are entitled to dignity. Beyond their tangible consequences, the common constitutional evil of state bans on same-sex marriage, the federal Defense of Marriage Act, and sodomy laws was that they imposed dignitary harm. This Article explores how the gay and lesbian dignity cases exemplify the process by which constitutional law emerges from a social and cultural dialogue in which the Supreme Court actively participates. In doing …


More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad Mar 2019

More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad

Fordham Law Review Online

Through an examination of State-supported racial structures, this Essay illustrates that even after the legalization of interracial and same-sex marriages, the State’s control over housing, education, and employment prospects impedes the formation of interracial LGBTQ relationships. This Essay suggests that reducing residential segregation can be a first step in dismantling structural barriers to interracial LGBTQ loving, as truly integrated housing would increase cross-racial contact, lead to better educational and employment outcomes, and give LGBTQ people of color a chance to improve their social capital. This, together with altering how issues of race are framed within the LGBTQ community, will help …


The Efficacy Of New York's Qualified Prohibition On Ndas And Reforms That Can Protect Sexual Harassment Survivors, Bina Nayee Mar 2019

The Efficacy Of New York's Qualified Prohibition On Ndas And Reforms That Can Protect Sexual Harassment Survivors, Bina Nayee

Fordham Law Review Online

The numerous sexual harassment scandals that were uncovered following the Harvey Weinstein exposé have at least one very positive byproduct: new state legislation aimed to protect and combat sexual misconduct in the workplace. New York is leading the charge by creating a legislative framework that protects a broader spectrum of workers against sexual harassment in the workplace. The State’s 2019 fiscal year budget substantiates the commitment to empower survivors and protect those who may be future targets of sexual harassment in their workplaces. As part of this framework, the State’s human rights laws now extend to and protect independent contractors, …


The Appearance Of Professionalism, Elizabeth B. Cooper Jan 2019

The Appearance Of Professionalism, Elizabeth B. Cooper

Faculty Scholarship

The dominant image of a lawyer persists: a neatly dressed man wearing a conservative dark suit, white shirt, and muted accessories. Many attorneys can conform to this expectation, but there are a growing number of “outsider” lawyers for whom compliance with appearance norms can challenge their fundamental identities. People of color, women, LGBTQ individuals, religiously observant persons, and those who inhabit intersectional identities are among those who disproportionately remain excluded from the dominant culture and centers of power in the legal profession. Expectations of appearance conformity create profound concerns that go well beyond style preferences, raising questions of autonomy and …