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Full-Text Articles in Law
Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle
Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle
Fordham Urban Law Journal
This Note discusses the issues surrounding intersex persons and the right to marry. The Comment first discusses the constitutional protection of the right to marry, intersex conditions, and case law regarding intersex, transsexual, and same-sex marriage. It further addresses the consequences for marriage when it is narrowly defined. Further, the Comment proposes an alternative solution to the one many courts have used. This solution allows an intersex person to self-designate her gender and be able to marry either a man or a woman. Finally, this Comment argues that if an intersex person can marry either a man or a woman, …
State Prohibitions On Employment Opportunities For Resident Aliens: Legislative Recommendations , Joy B. Peltz
State Prohibitions On Employment Opportunities For Resident Aliens: Legislative Recommendations , Joy B. Peltz
Fordham Urban Law Journal
Resident aliens in the United States are afforded important privileges, such as residing in the United States indefinitely, and seeking employment here. Nevertheless, resident aliens are denied certain job opportunities in states that require United States citizenship as a prerequisite to public employment, or professional or occupational licenses. The Constitutionality of this exclusion has been challenged on equal protection grounds, most recently, by the Supreme Court in Cabell v. Chavez-Salido. In this case, the Court upheld the constitutionality of a California statute, restricting a deputy probation officer position to United States citizens. This case has been hailed as precedent for …
Unwed Fathers - Adoption - Foster Care Agency Seeking Permission To Consent To Child's Adoption Need Not Always Grant Child's Unwed Father Notice And Opportunity To Be Heard, Michael A. Vaccari
Unwed Fathers - Adoption - Foster Care Agency Seeking Permission To Consent To Child's Adoption Need Not Always Grant Child's Unwed Father Notice And Opportunity To Be Heard, Michael A. Vaccari
Fordham Urban Law Journal
This case note examines the family court's decision in In re Kenneth M., 87 Misc. 2d 295, 383 N.Y.S.2d 1005 (Family Ct. 1976) where the unwed father received neither notice of the pending adoption proceeding nor an opportunity to be heard concerning his child's best interest. The case note discusses the changes in the law as to unwed fathers, through the United States Supreme Court's decision in Stanley v. Illinois, 405 U.S. 645 (1972), holding that all parents were entitled to a hearing on their fitness before their children are removed from their custody and calling for an individualized approach. …
Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp
Fordham Urban Law Journal
Plaintiffs, detainees at the Manhattan House of Detention for Men (MHD), more commonly known as the "Tombs," brought suit for declaratory and injunctive relief against the Commissioner of Corrections of the City of New York, the warden, the mayor, and various state officials. Plaintiffs alleged that the conditions of their detention constituted a denial of their rights under the first, fifth, sixth, eighth, and fourteenth amendments. The United States District Court for the Southern District of New York found unconstitutional conditions did exist and ordered the city to submit a plan within thirty days to remedy the constitutional infirmities. Six …
Constitutional Law-Equal Protection-Relatives' Responsibility Statutes Do Not Create A "Suspect" Classification Based On Wealth
Fordham Urban Law Journal
This note discusses Swoap v. Superior Court - a case brought by two recipients of aid to the aged and their adult children who challenged the constitutionality of two state statutes. One imposed a general duty of support on the children of parents unable to support themselves. The other gave county officials a cause of action against the children to compel contribution to the public assistance given by the state to the needy parents. The plaintiffs argued this was discrimination based on wealth class. The court concluded that it wasn't discrimination based on wealth but on percentage but why discrimination …