States’ right to regulate marriage is generally accepted without question. While many have challenged particular restrictions related to who may legally marry, few have questioned whether the state should have any role in regulating the marital relationship. But state regulation
- Reopening Ferguson and Rethinking Civil Rights Prosecutions
- The Debtors’ Prison Scheme: Yet Another Bar in The Birdcage of Mass Incarceration of Communities of Color
- Harvey Milk and Judicial Review: The End of Rational Basis with Bite, and LGBT Schools, Too?
- Do Desperate Times Call for Desperate Measures in the Context of Democracy? Michigan’s Emergency Manager Law & the Voting Rights Act
- “We Can't Tolerate that Behavior in this School!”: The Consequences of Excluding Children with Behavioral Health Conditions and the Limits of the Law
- Parents not Parens: Parental Rights versus the State in the Pre-Trial Detention of Youth
- Addressing Cultural Bias in the Legal Profession
- Reasonably Suspicious Algorithms: Predictive Policing at the United States Border
In Depth Reading
Volume 41 Issue 1
States have imposed an unprecedented number of abortion restrictions in recent years. These restrictions include pre-viability bans on abortion, “informed consent” procedures, mandatory waiting periods, and even mandatory ultrasounds.
This article presents a new lens through which lawyers and law students can engage with the ever-growing field of mindfulness and contemplative law practice. Since the early 2000s, mindfulness has moved from the margins to the center, gaining momentum across
In the twenty-first century, discrimination has become increasingly subliminal, unconscious, and structural. Yet the legal framework for addressing discrimination has ignored this shift, remaining focused on intentional discrimination and reliant on ex post enforcement.
Volume 41 Issue 2
In the mid-1980s, lesbian, gay, bisexual, and transgender rights activists recognized the need for a safe haven for victimized LGBT youth and established the Harvey Milk High School in New York City.
A deeply flawed eighty-six page legal memorandum revealed the rationale for the U.S. Justice Department’s March 2015 decision not to prosecute Ferguson police officer Darren Wilson. The Article rejects the Department’s contention that prosecution was not permitted by the governing
Though officially deemed unconstitutional, the debtors’ prison scheme consists of jailing low-income individuals for not being able to pay their legal financial obligations (“LFOs”), also known as criminal justice debt.
In an effort to remedy the financial distress Michigan cities faced after the 2007 recession, the Michigan state legislature passed 2012 Public Act 436 ("PA 436"), the "Local Financial Stability and Choice Act." Under PA 436, state-appointed emergency managers act
Volume 41 Issue 3
As big data’s promises of increased efficiency and serendipitous insights spread across a broad range of sectors, they are accompanied by new risks—some intuitive, some unpredictable. That dichotomy is heavily accentuated in the law enforcement context, where blithe application of
Culture provides a foundation for the way we experience the world. Rooted in traits such as ethnicity, race, religion, and gender identity, culture influences people’s values, behaviors, and beliefs. Scholars have described culture as something akin to “the air we
The disciplinary exclusion of children with behavioral health conditions is rampant in public schools in the United States. The practice of suspending and expelling students with behavioral challenges, caused in part by a lack of understanding of the causes of
Youth across the United States are held in juvenile detention facilities while awaiting trial in juvenile delinquency proceedings, despite the fact that detention is often both unnecessary and harmful to a child’s mental health and development.
Volume 41 Issue 4
In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is
On its 25th anniversary, teachers of the NYU School of Law Family Defense Clinic look back at the development of an innovative practice model that helped shape the burgeoning family defense movement. As the first law school clinic of its
States have passed reinstatement statutes to address the increased number of legal orphans in the foster care system. For the most part, however, these laws have been inadequate to address the problem because they are motivated by a view of
Parents are legally recognized in three ways: through marriage, adoption, and biology. While gay partners may now legally marry throughout the United States, not all states have provided an equal opportunity for gay parents to obtain parental rights, whether through