Current Issue

Changing American State and Federal Childcare Laws

SYMPOSIUM EDITOR
Jeffrey A. Parness
Northern Illinois University College of Law

Table of Contents

Articles


Introduction
Jeffrey A. Parness, Northern Illinois University College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 3 (2017)

Parents, Babies, and More Parents
June Carbone, University of Minnesota Law School
Naomi Cahn, George Washington University Law School
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 9 (2017)
Abstract: This Article makes two basic points. First, the three-parent family is here. Once states accept that parenthood does not depend on either biology or marriage, then three parents are inevitable unless the states go out of their way to rule that adults who otherwise meet their definitions of parenthood will not be recognized. Continue—>

Obergefell‘s Ambiguous Impact on Legal Parentage
Leslie Joan Harris, University of Oregon School of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 55 (2017)
Abstract: For more than thirty years, the central questions of the law of parentage have been when and to what extent determinations of legal parenthood should be based on biological relationship, marriage to a child’s biological parent, or functioning as or intending to be a parent. Continue—>

Assisted Reproduction Inequality and Marriage Equality
Seema Mohapatra, Barry University Dwayne O. Andreas School of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 87 (2017)
Abstract: In Obergefell v. Hodges, Justice Kennedy declared that “marriage is fundamental under the Constitution and [should] apply with equal force to same-sex couples.” This Article examines how the advent of marriage equality may impact the rights of same-sex couples to have biological children via assisted reproduction and surrogacy. Continue—>

Romantic Discrimination and Children
Solangel Maldonado, Seton Hall University School of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 105 (2017)
Abstract: In recent years, social scientists have used online dating sites to study the role of race in the dating and marriage market. This research has revealed a racialized and gendered hierarchy that disproportionately excludes African-Americans and Asian-American men. Continue—>

Quacking Like a Duck? Functional Parenthood Doctrine and Same-Sex Parents
Katharine K. Baker, IIT Chicago-Kent College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 135 (2017)
Abstract: This Article unpacks the relationship between the functional parenthood doctrine, constitutionally protected parental autonomy rights and intent-to-parent tests as they are applied in same-sex parenting relationships. Continue—>

Reforming the Processes for Challenging Voluntary Acknowledgements of Paternity
Jeffrey A. Parness, Northern Illinois University College of Law
David A. Saxe, Northern Illinois University College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 177 (2017)
Abstract: Voluntary acknowledgements of paternity (VAPs) significantly determine male legal parentage at birth for many children born of sex to unwed mothers in the United States. Continue—>

The Kenneth M. Piper Lecture


Migrant Workers in The United States: Connecting Domestic Law with International Labor Standards
Lance Compa, Cornell University School of Industrial and Labor Relations
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 211 (2017)
Abstract: Industry and trade associations say that the United States needs more immigrant workers to meet labor shortages and keep the economy growing. Labor advocates counter that the alleged labor shortage is a myth, and that employers’ real goal is to replace American workers and put downward pressure on wages of U.S. workers. Continue—>

Student Notes & Comments


Judicial Discretion v. Predictable Outcomes: A Review of the 2016 Amendments to The Illinois Marriage and Dissolution of Marriage Act
David E. Braden, IIT Chicago-Kent College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 249 (2017)
Abstract: In 2015, the Illinois General Assembly comprehensively amended the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Illinois legislators cited a desire to increase predictable outcomes and to minimize adversarial litigation as primary goals for passing this overall to Illinois’s marriage and divorce law. Continue—>

Uber Drivers: A Disputed Employment Relationship in Light of the Sharing Economy
Nicholas L. DeBruyne, IIT Chicago-Kent College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 289 (2017)
Abstract: Ride-sharing companies such as Uber Technologies Inc. (“Uber”) have revolutionized the ride-sharing industry. In the realm of employment classification, Uber has a substantial financial motivation to classify its drivers as independent contractors because it frees Uber from financing workers’ compensation programs, payroll taxes, and employee benefit programs. Continue—>

Pedophiles Don’t Retire: Why the Statute of Limitations on Sex Crimes Against Children Must Be Abolished
Symone Shinton, IIT Chicago-Kent College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 317 (2017)
Abstract: Sex crimes against children are uniquely heinous. Victims suffer extensive trauma that extends long into adulthood. But despite significant psychological data that indicates survivors of childhood sexual abuse cannot and do not report their victimization on a neat and predictable timeline, sixteen states still require them to do so. Continue—>

Blood Antiquities: Preserving Syria’s Heritage
Claire Stephens, IIT Chicago-Kent College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 353 (2017)
Abstract: The recent large-scale looting of archaeological sites across Syria at the hands of ISIS has brought the devastating effects of the illegal international antiquities market into stark relief. Not only are these illicit excavations irreparably destroying human history, they also enable ISIS to sell Syria’s cultural property to fund their jihad. Continue—>