Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa,
2017
University of North Carolina School of Law
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 …
Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation,
2017
Fordham University School of Law
Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation, Nina Kucharczyk
Fordham Law Review
This Note suggests a new approach to address the unintended consequences of ban-the-box legislation. The solution to combat unconscious discrimination during the hiring process is not to eliminate ban- the-box laws entirely; instead, lawmakers must modernize and strengthen Commercial discrimination doctrine to empower racial minorities who suspect discrimination and to ensure employers are critically analyzing their hiring processes.
Jail Isolation After Kingsley: Abolishing Solitary Confinement At The Intersection Of Pretrial Incarceration And Emerging Adulthood,
2017
Fordham University School of Law
Jail Isolation After Kingsley: Abolishing Solitary Confinement At The Intersection Of Pretrial Incarceration And Emerging Adulthood, Deema Nagib
Fordham Law Review
In 2015, the U.S. Supreme Court held that allegations of excessive use of force in pretrial detention are subject to an objective standard. However, it is unclear whether the objective standard extends to claims arising out of different factual circumstances. The Second Circuit’s recent decision in Darnell v. Pineiro to extend Kingsley v. Hendrickson to conditions-of- confinement cases provides hope. This Note argues that Kingsley should extend to solitary confinement litigation—particularly the isolation of emerging adults in pretrial detention. Solitary confinement is a widespread practice in the criminal justice system, but the implications of its use in pretrial detention have …
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account,
2017
Brooklyn Law School
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh
Brooklyn Journal of International Law
Failures of international cooperation with regard to protecting the environment, regulating cross-border competition, and preventing terrorism have sometimes lead states to enact unilateral measures with extraterritorial effect. A common trend among international legal scholars defending these measures is to employ the concept of ‘global public goods,’ understood as desirable, utility-advancing things that tend, for various reasons, to be undersupplied by states acting separately. On this view, unilateral measures are justified on grounds that they address ‘harms’ to ‘interests’ that cannot be contained within individual states, or because they advance supposedly universal ‘values.’ Drawing from the ‘republican’ legal and political philosophy …
Ties Of Separation: Analogy And Generational Segregation In North America, Australia, And Israel/Palestine,
2017
Brooklyn Law School
Ties Of Separation: Analogy And Generational Segregation In North America, Australia, And Israel/Palestine, Hedi Viterbo
Brooklyn Journal of International Law
This article takes analogy as both its mode and object of inquiry, to canvas the relationship between historical-geographical analogies and generational segregation (the large-scale separation of children and adults) from three complementary perspectives. First, due to restrictions recently introduced by the Israeli authorities, Palestinian prisoners have been prevented from reading popular study materials dealing with both Indigenous child removal and analogies concerning settler-indigenous relations in North America and Australia. This article revives the critical potential of this encounter with analogies and accounts by asserting an analogy between the removal of indigenous children to boarding schools in the United States and …
When Does Cultural Satire Cross The Line In The Global Human Rights Regime?: The Charlie Hebdo Controversy And Its Implication For Creating A New Paradigm To Assess The Bounds Of Freedom Of Expression,
2017
Brooklyn Law School
When Does Cultural Satire Cross The Line In The Global Human Rights Regime?: The Charlie Hebdo Controversy And Its Implication For Creating A New Paradigm To Assess The Bounds Of Freedom Of Expression, Kwanghyuk Yoo
Brooklyn Journal of International Law
Social justice does not exist in a vacuum. Social justice deters human rights policies from crossing the line. Thus, the principle of justice counterbalances the evils of the laissez-faire human rights philosophy when society lacks an appropriate form of legal or regulatory framework for legitimate restraints on human rights. Moreover, well-ordered just society does not allow human rights to be abused or curtailed beyond the level necessary to safeguard superior social norms or national interests. As such, human rights are subject to relative protection while they receive universal respect across the world. From a semantic standpoint, two ambivalent natures of …
The Migingo Island Dispute Between Kenya And Uganda,
2017
Brooklyn Law School
The Migingo Island Dispute Between Kenya And Uganda, Christopher R. Rossi
Brooklyn Journal of International Law
Migingo is an islet in Lake Victoria, half the size of a football field. For most of its history, it had no significance. Recent adulterations to the lake’s water table in an age of climate change and to its biology in the Anthropocene age have altered the utility of the islet. It now sits atop the lake’s most fertile fishing ground and serves as a strategic off shore port straddling the water border between Uganda and Kenya. Uganda and Kenya dispute its sovereignty. Ownership of this microdot threatens bilateral peace and impacts regional security and economic development discussions. This article …
Virginia's Proffer System And The Proffer Reform Act Of 2016,
2017
University of Richmond
Virginia's Proffer System And The Proffer Reform Act Of 2016, Edward A. Mullen, Michael A. Banzhaf
Richmond Public Interest Law Review
No abstract provided.
The Missing Annuity Mystery: Providing Protection For The Former Spouse Of Servicemembers And Retirees,
2017
University of Richmond
The Missing Annuity Mystery: Providing Protection For The Former Spouse Of Servicemembers And Retirees, Mark E. Sullivan
Richmond Public Interest Law Review
No abstract provided.
Cook V. Snyder: A Veteran's Right To An Additional Hearing Following A Remand And The Development Of Additional Evidence,
2017
University of Richmond
Cook V. Snyder: A Veteran's Right To An Additional Hearing Following A Remand And The Development Of Additional Evidence, Shawn D. Murray
Richmond Public Interest Law Review
No abstract provided.
Table Of Contents,
2017
University of Richmond
Letter From The Editor,
2017
University of Richmond
Letter From The Editor, Lauren Ritter
Richmond Public Interest Law Review
No abstract provided.
Fixing Virginia's Food-Beverage Ratio: Is This Inescapable Problem Also An Unsolvable One?,
2017
University of Richmond
Fixing Virginia's Food-Beverage Ratio: Is This Inescapable Problem Also An Unsolvable One?, Mark Shuford
Richmond Public Interest Law Review
No abstract provided.
Wounded Warriors' Justice Denied: Should Barriers To Expungement Keep Veterans Jobless And Homeless?,
2017
University of Richmond
Wounded Warriors' Justice Denied: Should Barriers To Expungement Keep Veterans Jobless And Homeless?, Roberto Cruz
Richmond Public Interest Law Review
No abstract provided.
Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48,
2017
University of Richmond
Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley
Richmond Public Interest Law Review
No abstract provided.
Private Right Of Action Jurisprudence In Healthcare Discrimination Cases,
2017
University of Richmond
Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison Tinsey
Richmond Public Interest Law Review
No abstract provided.
Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century,
2017
University of Richmond
Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century, Brittany Anderson
Richmond Public Interest Law Review
No abstract provided.
Letter From The Editor,
2017
University of Richmond
Letter From The Editor, Emily Bowles
Richmond Public Interest Law Review
No abstract provided.
2016 Symposium: Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century,
2017
University of Richmond
2016 Symposium: Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century, Shannon Taylor, Brittany Anderson, Timothy S. Coyne, Tara Casey
Richmond Public Interest Law Review
No abstract provided.
Personal Reflections On The Opioid Epidemic And Legal Responses,
2017
University of Richmond
Personal Reflections On The Opioid Epidemic And Legal Responses, The Honorable Catherine Currin Hammond, Shannon Taylor
Richmond Public Interest Law Review
No abstract provided.
