Law Commons^™

Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas

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Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they …

Amicus Brief In "Obergefell V. Hodges", Tanya M. Washington, Catherine Smith, Lauren Fontana, Susannah Pollvogt

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Supreme Court precedent establishes that the government may not punish children for matters beyond their control. Same-sex marriage bans and non-recognition laws (“marriage bans”) do precisely this. The states argue that marriage is good for children, yet marriage bans categorically exclude an entire class of children – children of same-sex couples – from the legal, economic and social benefits of marriage.

This amicus brief recounts a powerful body of equal protection jurisprudence that prohibits punishing children to reflect moral disapproval of parental conduct or to incentivize adult behavior. We then explain that marriage bans punish children of same-sex couples because …

North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo

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No abstract provided.

A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict, Lauren Sudeall Lucas

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This symposium article suggests that with regard to the work-family conflict, we may have exhausted doctrine’s potential in setting a constitutional foundation for women to be treated as equals in the workplace and requiring that they not be discriminated against in the event that they decide to start a family. For purposes of this piece, those accomplishments constitute the first phase or “first generation” of progress. This article is concerned with how doctrine relates to “second generation” issues arising from the work-family conflict: how to balance work and family once some initial level of equality has been achieved; how to …

Post-Mortem Sperm Retrieval And The Social Security Administration: How Modern Reproductive Technology Makes Strange Bedfellows, Mary F. Radford

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This article was prepared in conjunction with the Thurgood Marshall School of Law March, 2009 symposium on "Emerging Issues in Estate Planning, Probate & Trust Law." The article examines a relatively new assisted reproduction technique through which the sperm of a man who has recently died is retrieved after his death, cryopreserved, and then later used by a woman (spouse, partner, or other) to produce a child. While much has been written about posthumously-conceived children (children conceived from sperm that were banked by the father while he was alive), there has to date been little examination of the ramifications of …

The First Amendment And "Virtual" Child Pornography, Michael B. Landau

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No abstract provided.

Student Scholarship, In One Place, But Not Another: When The Law Encourages Breastfeeding In Public While Simultaneously Discouraging It At Work, Emily F. Suski

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In this Essay, the author takes a novel approach to the topic of breastfeeding and work by exploring the trend among states to exempt breastfeeding from criminal indecent exposure laws and comparing this trend to the support, or lack thereof, in laws and policy for breastfeeding at work. The author's comparison reveals that while there is a trend to support breastfeeding in public, there is no such trend in the law to support breastfeeding in the relatively more private work environment.

The author argues that this disparity is both counterintuitive and serves to limit women's choices regarding breastfeeding and work. …

Is The Use Of Mediation Appropriate In Adult Guardianship Cases?, Mary F. Radford

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No abstract provided.

Eugenic Laws Against Race Mixing, Paul A. Lombardo

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No abstract provided.

Eugenic Laws Restricting Immigration, Paul A. Lombardo

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No abstract provided.

Eugenic Sterilization Laws, Paul A. Lombardo

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No abstract provided.

Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford

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In Wimberly v. Labor & Industrial Relations Commission, the Supreme Court interpreted section 3304(a)(12) of the Federal Unemployment Tax Act (FUTA), which requires that states not dent unemployment benefits "solely on the basis of pregnancy," as an antidiscrimination statue, rather that one requiring preferential treatment for pregnant and formerly pregnant women. Professor Mary Radford argues that given the ambiguous legislative history and other Supreme Court precedent in the area of unemployment compensation, Wimberly could just as easily have held that FUTA's language requires preferential treatment to pregnant and formerly pregnant women. She further argues that given the current realities that …

Miscegenation, Eugenics, And Racism: Historical Footnotes To Loving V. Virginia, Paul A. Lombardo

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No abstract provided.

Parents, Psychologists And Child Custody Disputes: Protecting The Privilege And The Children, Marjorie F. Knowles, Caroline Chunn Mccarthy

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No abstract provided.

Three Generations, No Imbeciles: New Light On Buck V. Bell, Paul A. Lombardo

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No abstract provided.

Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo

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No abstract provided.

Casenote, Constitutional Law--Equal Protection--New York Statute Requiring Consent Of Mother, But Not Of Father, As Prerequisite To Adoption Of Illegitimate Child Violates The Fourteenth Amendment Because It Draws Gender-Based Distinction Which Bears No Substantial Relation To State Interest In Encouraging Adoption Of Illegitimate Children--Caban V. Mohammed, 441 U.S. 380 (1979), Mary F. Radford

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No abstract provided.