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Full-Text Articles in Law
Other Mothers, Kevin Maillard
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.
Introduction: Moore V. City Of East Cleveland: How One Grandmother Helped A Nation Redefine Family, Anne Williams-Isom
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.
Complex Kinship Networks In Fragile Families, Tonya L. Brito
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 …
Reflections On The Challenge Of Inez Moore: Family Integrity In The Wake Of Mass Incarceration, Ann Cammett
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 mass incarceration, lawmakers and …
Moore’S Potential, June Carbone, Naomi Cahn
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 …
John Moore Jr.: Moore V. City Of East Cleveland And Children’S Constitutional Arguments, Nancy E. Dowd
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
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. Specifically, Part …
Sharing A House But Not A Household: Extended Families And Exclusionary Zoning Forty Years After Moore, Solangel Maldonado
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
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 concludes …
Foreword: Moore Kinship, Robin A. Lenhardt, Clare Huntington
Foreword: Moore Kinship, Robin 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 grandson John Jr., …