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.
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 …
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 …
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 …
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.
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 …
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 …
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 …
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.
