Smith V. Obama: A Neoclassical After Action Review,
2017
Florida State University College of Law
Smith V. Obama: A Neoclassical After Action Review, Sam Walenz
Florida State University Law Review
No abstract provided.
Possession, Child Pornography, And Proportionality: Criminal Liability For Aggregate Harm Offenses,
2017
Wayne State University Law School
Possession, Child Pornography, And Proportionality: Criminal Liability For Aggregate Harm Offenses, Anthony M. Dillof
Florida State University Law Review
Federal prosecutions of individuals for possessing child pornography have risen steadily and dramatically over the last twenty years. As the number of prosecutions have increased, so have the penalties. Today a typical defendant charged with possessing child pornography can expect a seven-year prison sentence. This Article considers the question of whether such sentences are just, fair, and proportionate. To answer this question, this Article adopts a retributivist perspective on punishment. Retributivism, in turn, requires evaluating the wrongfulness of the conduct to be punished. This Article argues that while the possession of child pornography by a large group of persons in …
Contracting Out Of The Fiduciary Duty Of Loyalty: An Empirical Analysis Of Corporate Opportunity Waivers,
2017
University of Michigan Law School
Contracting Out Of The Fiduciary Duty Of Loyalty: An Empirical Analysis Of Corporate Opportunity Waivers, Gabriel Rauterberg, Eric Talley
Articles
For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few “mandatory” rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the duty of loyalty: the corporate opportunities doctrine. Other states have since followed Delaware’s lead, similarly permitting firms to execute “corporate opportunity waivers.” Surprisingly, more than fifteen years into this reform experiment, no study has attempted to either systematically measure the corporate response to these reforms or …
Wrongful Benefit & Arctic Drilling,
2017
University of Michigan Law School
Wrongful Benefit & Arctic Drilling, Nicolas Cornell, Sarah E. Light
Articles
The law contains a diverse range of doctrines — “slayer rules” that prevent murderers from inheriting, restrictions on trade in “conflict diamonds,” the Fourth Amendment’s exclusion of evidence obtained through unconstitutional search, and many more — that seem to instantiate a general principle that it can be wrong to profit from past harms or misconduct. This Article explores the contours of this general normative principle, which we call the wrongful benefit principle. As we illustrate, the wrongful benefit principle places constraints both on whether anyone should be permitted to exploit ethically tainted goods, and who may be permitted to profit …
Revisiting Popular Action,
2017
Universidad Pablo de Olavide
Revisiting Popular Action, Raúl Sánchez Gómez
DePaul Journal for Social Justice
No abstract provided.
Toiling In Trump's Vineyard Of Alternative Facts Lining Its Random Walk,
2017
DePaul University
Toiling In Trump's Vineyard Of Alternative Facts Lining Its Random Walk, David J. Cook
DePaul Journal for Social Justice
No abstract provided.
The Erosion Of Civil Rights Remedies: How Ashcroft V. Al-Kidd Altered Qualified Immunity,
2017
DePaul University
The Erosion Of Civil Rights Remedies: How Ashcroft V. Al-Kidd Altered Qualified Immunity, Madeleine Sharp
DePaul Journal for Social Justice
No abstract provided.
Measuring “Progress” And “Regress” In Human Rights: Why We Need A Set Of Social Contract Measures To Replace Indices Of Violations And Slogans,
2017
Independent Scholar
Measuring “Progress” And “Regress” In Human Rights: Why We Need A Set Of Social Contract Measures To Replace Indices Of Violations And Slogans, David Lempert
DePaul Journal for Social Justice
No abstract provided.
Criminal Selectivity In The United States: A History Plagued By Class & Race Bias,
2017
DePaul University
Criminal Selectivity In The United States: A History Plagued By Class & Race Bias, Valeria Vegh Weis
DePaul Journal for Social Justice
No abstract provided.
Asian Americans And The Law: Sharing A Progressive Civil Rights Agenda During Uncertain Times,
2017
DePaul University
Asian Americans And The Law: Sharing A Progressive Civil Rights Agenda During Uncertain Times, Harvey Gee
DePaul Journal for Social Justice
No abstract provided.
A Letter From The Editors,
2017
DePaul University College of Law
A Letter From The Editors, Depaul Journal For Social Justice Editorial Board
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents,
2017
DePaul University
Complex Kinship Networks In Fragile Families,
2017
University of Wisconsin Law School
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,
2017
City University of New York (CUNY) School of Law
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 …
John Moore Jr.: Moore V. City Of East Cleveland And Children’S Constitutional Arguments,
2017
University of Florida Fredric G. Levin College of Law
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.
Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland,
2017
University of California, Berkeley School of Law
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 …
Political Insider Trading,
2017
University of Denver, Sturm College of Law
Political Insider Trading, Michael R. Siebecker
Fordham Law Review
A fiduciary breach due to secret use of Business Organizations assets for personal gain marks the essential concern in both the insider trading realm and in the context of Business Organizations political spending. Therefore, adopting a similar common law fiduciary rule that Business Organizations managers must disclose the amount and target of political expenditures or refrain from engaging in political activity does not seem like much of an intellectual leap. Not only would such a common law disclosure duty fit neatly within existing Business Organizations governance principles, but the compelled transparency would not offend corporations’ First Amendment rights. In the …
Moore’S Potential,
2017
University of Minnesota
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 …
Other Mothers,
2017
Syracuse University College of Law
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.
Sharing A House But Not A Household: Extended Families And Exclusionary Zoning Forty Years After Moore,
2017
Seton Hall University School of Law
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.
