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Full-Text Articles in Law
Parental Social Capital And Educational Inequality, Solangel Maldonado
Parental Social Capital And Educational Inequality, Solangel Maldonado
Fordham Law Review
This Essay argues that scholars must consider the nonmonetary resources—specifically, the social capital24—that middle- and upper-income parents bring to the predominantly White schools their children attend. While scholars have recognized middle- and upper-income students as educational resources that can help bridge the achievement gap, they have yet to explore the effects of nonmonetary resources that middle- and upper-income White parents bring to predominantly White school districts, and how these resources advantage children in these schools. This Essay calls on social scientists to study these effects and urges lawmakers to support parents by (1) integrating schools and (2) funding programs that …
From Empathy Gap To Reparations: An Analysis Of Caregiving, Criminalization, And Family Empowerment, Charisa Smith
From Empathy Gap To Reparations: An Analysis Of Caregiving, Criminalization, And Family Empowerment, Charisa Smith
Fordham Law Review
America’s legacy of violent settler colonialism and racial capitalism reveals a misunderstood and neglected civil rights concern: the forced separation of families of color and unwarranted state intrusion upon caregiving through criminalization and surveillance. The War on Drugs, the Opioid Crisis, and the COVID-19 pandemic are a few examples demonstrating the precariousness of our nation’s collective empathy well toward caregivers and our tattered social safety net. In fact, these instances illuminate what this Essay coins an “empathy gap” in perception when the general public, policy makers, and the mainstream media view similarly situated families with different identities. Ironically, the COVID-19 …
Parentage Agreements Are Not Contracts, Gregg Strauss
Parentage Agreements Are Not Contracts, Gregg Strauss
Fordham Law Review
Parentage agreements are proliferating. In a fertility clinic, an egg donor, sperm donor, and gestational surrogate may agree to waive their parental rights, and the intended parents may agree to share parenthood. In a maternity ward, a birth mother may agree to acknowledge a partner as a parent. In an adoption agency, birth and adoptive parents may agree to an open adoption with ongoing visitation. In a home, a parent may agree to share parentage with a cohabitant, enabling the cohabitant to become a legal parent later after raising the child and developing parental bonds. Good reasons underlie this drift …
Domestic Violence As A Factor In Child Custody Determinations: Considering Coercive Control, Lisa A. Tucker
Domestic Violence As A Factor In Child Custody Determinations: Considering Coercive Control, Lisa A. Tucker
Fordham Law Review
Many states1 have begun formally to recognize coercive control2 as a form of domestic violence in several contexts: criminal domestic violence cases,3 civil motions for protection from abuse,4 and child removal proceedings.5 This Essay argues, however, that while new laws recognizing coercive control may be noble and well-meaning, they are unlikely to increase support for mothers who have been victims of coercive control abuse and now seek custody of their children. In fact, this Essay argues, the codification of these laws may do more harm than good; by taking power away from men—and coercive control is practiced almost exclusively by …