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Weekly Notes

by: Ariel Oliver

Weekly Notes Law 5219

Ariel Oliver
Family Law
Professor Mary Crossley

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Family Law
Professor Mary Crossley
Class Notes
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This 8 page Class Notes was uploaded by Ariel Oliver on Sunday October 11, 2015. The Class Notes belongs to Law 5219 at University of Pittsburgh taught by Professor Mary Crossley in Summer 2015. Since its upload, it has received 25 views. For similar materials see Family Law in Law at University of Pittsburgh.


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Date Created: 10/11/15
pp 346350 US Dept of Agriculture v Moreno through n 4 354360 Moore v East Cleveland 402404 amp 408410 nn 17 Braschi v Stahl Assoc Also read pp 416 of Pew Research Center quotRecord Share of Americans Have Never Married2quotSept 24 2014 posted on the Family Law course TWEN site under quotCourse Materials other readingsquot In reading these materials you should consider the following questions From a legal perspective what does family mean Who decides what the legal de nition of family or quotfamily memberquot is What kinds of challenges does the growing number of nevermarried Americans described in the Pew Research Center report pose for family law Why does the quotfamilyquot and its meaning matter intestacyestates taxes tort law parental immunity wrongful death action spousa privilegeevidence medica decision making immigration lawnatural born chidren of immigrant parents property ownership custody contract law prenup cohabitation agreements empoyer bene ts crimina PFAs There is no set definition of family the law uses different de nitions in different situations Is a commune a familv Department of Agriculture v Moreno Facts 3 e of the Food Stamp Act of 1964 de ned quothouseholdquot as a groups of individuals who are related or not related who are not residents of an institution or boarding house who are living as an economic unit shares cooking space and for whom food is purchased in common 3 e was later changed to groups of individuals who are related Appellees consist of several groups of individuals who allege that although they satisfy the income eligibility requirements for federal food assistance they have nevertheless been excluded from the program solely because not all persons in each group were related to each other Jacinta Morena 56 diabetic lives with Ermina Sanchez and her children 0 They share living expenses Mrs Sanchez helps care for Morena o Sanchez was permitted to purchase 108 of food stamps for 18 0 Their participation in the program will terminate if Morena continues to live w Sanchez Mrs Kepler shares her apt w a woman who is also on public assistance Mrs Hejny and husband are indigent but took in a 20yr old 144 of food stamps will be denied if 20 yo stays Groups formed class action are seeking declatory and injunctive relief against enforcement of 3 e District Court held the quotunrelated personquot provision creates an irrational classi cation in violation of the equal protection component of the Due Process Clause of the Fifth Amendment Issue o Is the quotunrelated personquot provision of 3 of the Food Stamp Act of 1964 constitutional Equal protection challenge to Congressional de nition of quothouseholdquot which implicates the def of quotfamilyquot Holding 0 No the quotunrelated personquot provision is invalid under the Due Process Clause of the Fifth Amendment Rationale 0 The statutory classi cation of related persons v unrelated persons is irrelevant to the stated purposes of the Act 0 The challenged classi cation must rationally further some legitimate gov39t interest to be sustained rational basis review classi cation did not pass RB review 0 There is little legislative history that could shed light on the purposes of 3 e o What is found indicates that the amendment was intended to prevent hippies and hippie communes from participating in the food stamp program Desire to harm an unpopular group cannot constitute a legitimate gov39t interest Gov39t tried to argue that the challenged classi cation should be upheld as rationally related to the clearly legitimate interest in minimizing fraud households w unrelated persons more likely to abuse food stamp program 0 Food Stamp Act already contains provisions that deal with fraud it is doubtful that 3 e was meant to deal with the same Concurring Justice Douglass o The quotunrelated personquot provision was not aimed at the maintenance of formal family ties penalizes poorest of the poor for doubling up against the adversities of poverty which is an expression of their right of freedom 0 But for the constitutional aspects the quotunrelated personquot provision of the Act might well be sustained as a means to prevent fraud 0 Cannot say that the challenged provision has no rational relation to control of fraud 0 We are dealing with however the right of association protected by 1st Amend o The Act must be narrowly tailored to meet a precise end Act should be read with strict level of scrutiny Dissenting Justice Rehnquist 0 Our role is limited in determining whether a rational basis exists between not allowing food stamps to be made available to households containing quotunrelated personsquot o It is not unreasonable for Congress to conclude that the basic unit which it was willing to support w food stamps is some variation of the family related individuals assuming they mean blood relatives mixed marriage relatices adopted individuals Notes 1 The Court could have reached the same conclusion if the food stamp legislation determined eligibility on a quotfamilyquot basis Family implies a relationship by blood marriage or adoption If the Court viewed a family relationship based on adoption oosey to include those who have been taken in by a family blood related or marriage related people like Mrs Moreno could be considered adopted However there is a legal process for adoption for children and adults as well which makes me lean towards the strong possibility that they would not view adoption so loosely but it still is a possibility Househod on the other hand is viewed to be broader than family to include those who are not family related individuals living in the same house39m not sure if family were de ned as single housekeeping unit if that would change my analysis 2 The Court39s views of quotfamilyquot in Moreno and Belle Terre differ in that Moreno was concerned about the purpose of the Act being upheld to alleviate hunger and malnutrition in the more needy segments of our society Bele Terre was concerned with maintaining a clean environment and the family based orientation of a portion of the city 3 The groups in Moreno re ect the values of unity based on social circumstance Bele Terre re ect unity based on egaity 4 Federal constitutional Rights commentators have criticized Moreno for it unwillingness to address the degree to which the Constitution protects the right to choose with whom to share a home The Extended Familv Moore v East Cleaveand Facts 134108 of the East Cleveland Family ordinance limits occupancy of a dwelling unit to members of a single family family is recognized as only a few categories of related individuals 0 Person related to the head of household or spouse of head of household Spouse parent unmarried children who don39t have coresident children Family may include not more than one dependent married or unmarried child of the head of house or of the spouse of head amp spouse and dependent children of such dependent child Mrs Moore lives in E Cleve with her son and two grandsons who are cousins One of her grandsons John was considered an illegal occupant Mrs Moore failed to remove him from her home City led criminal charge Moore was convicted and sentenced to 5 days in jail and ned 25 City argued relying on Bele Terre however the ordinance in that case affected only unrelated personsDit allowed blood relatives to live together Issue Does the East Cleveland Family ordinance violate the Due Process Clause of the 14th Amend Holding Yes the East Cleveland Family ordinance violates the Due Process clause of the 14th Amend Rationale The ordinance promotes family needs and family values On its face the ordinance selects certain categories of relatives who may live together and declares that others may not When a city undertakes such intrusive regulation of the family the usual judicial deference to the legislature is inappropriate This Court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the 14th Amend a higher level of scrutiny must be employed than that used in Moreno Family the Court must examine carefully the importance of the governmental interests advanced and the extent to which they are served by the challenged regulation sounds like intermediate scrutiny Concurring Justice Brennan Joins plurality39s opinion Underscores the cultural myopia of the arbitrary boundary drawn by the E Cleve ordinance Extended family provided generations of early Americans with social services and economic and emotional support It is a means of survival for a large number of the poor and deprived minorities of our society The prominence of the extended family among ethnic and racial minorities demonstrates that the extended family pattern remains a vital tenet of our society Dissenting Justice Stewart Without pausing to inquire how far under this argument an quotextended familyquot might extend I cannot agree that Moore is entitled to substantive protection under the Constitution E Cleveland39s de nition of family does not offend the Constitution de nition is rationally designed to carry out the legitimate government purposes identi ed in Bele Terre Questions 1 Is EC39s def of quotfamilyquot in zoning ordinance constitutionally permissible a What is the purpose of EC de ning quotfamilyquot so narrowly 2 What is quotfamilyquot that gives rise to claim of constitutional protection of family p vacy a look at slides online from August 25 Notes 1 Myth of the extended family in Powell39s opinion the nuclear family predominated before industrialization This would not have changed the outcome of Moore The court would still have to carefully examine whether the governmental interests advanced were important and the extent to which they are served The City argued that they sought to avoid overcrowding minimize traf c and congestion and an undue nancial burden on the school system One child who is considered extended family cannot contribute more to overcrowding traf c congestion and undue nancial burden on the school system more so than twelve children within a nuclear family To say otherwise would be absurd Yes this is one case and there are probably thousands in the city who were in the same situation However due process would not be ful lled either way I am not sure if it was necessary from a legal standpoint for the Court to take race into account It was de nitely in uential in pointing out the biased piece regulation and how it has a potentially disparate impact on minorities I don39t think Powell39s opinion rests on a mythical model of white families at least I did not think so as l was reading I did have in the back of my mind that the importance and reliance of the extended family runs deeper in ethnic communities Brennan seemed to believe that this importance and reliance was common throughout all families in early America 3 1940 25 of the population lived in extended family households 12 in 1980 16 currentldeelayed marriage job foreclosure 4 The Bele Terre ordinance serve family values and family needs because it makes a distinction between those who are blood related and those who are not The E Cleveland ordinance slices deep into the family itself because it disregards certain blood relations it is intrusive on bloodfamily relationships and narrowly de nes family Mrs Moore shouldn39t be made to move This seems like an ugly attempt to create a quotwhite middle class communityquot 5 Other factors that suggests a family exists relationship investment in personal educational emotional development Family Bene ts Housing and Inheritance Braschi v Stahl Aisoc Facts Miguel Braschi was living in a rentcontrolled apartment with Leslie Blanchard until Blanchard died 9 yrs later Stahl Associates threatened Braschi w eviction since he was considered to be only a licensee Blanchard was the only tenant of record 0 Family is de ned in the rentcontrol code legislative history is devoid of speci c references to noneviction provision Rent control was enacted to address a serious public emergency created by an quotacute shortage of dwellingsquot which resulted in quotspeculative unwarranted and abnormal increases in rentsquot 0 Designed to regulate and control housing market to prevent unjust unreasonable and oppressive rents agreements and to forestall pro teering Legislature recognized that rent as well as evictions would have to be controlled 0 NY regulatioin authorizes issuance of certi cate of eviction of persons occupying rentcontrolled apt after death of the named tenant 0 Provides noneviction protection to those who are either surviving spouse or some other member of the deceased tenant39s family who has been living with the tenant of record Respondent argues that family and family member should be de ned my blood relation consanguinity and adoption Issue 0 Whether familyfamily member in the Rent Control Code should be de ned as having blood relation and adoption Holding 0 No family should not be strictly de ned as people who have formalized their relationship by marriage or adoption Rationale 0 Rentstabilization system is different from the rent control system 0 The former has a less onerous burden on the property owner 0 The noneviction provision s purpose is to protect the family left behind Provision of one cannot be imported into the other Respondent s reliance in Matters of Robert Paul P D misplaced case was based solely on adoption laws has no bearing on rentcontrol laws longevity of Petitioner39s relationship was emphasized Notes 1 Braschi adopts a functional de nition of family looks at how people live if it looks like a family acts like a family it39s a family recognizes gay and lesbian relationships essentially Braschi led to the equal treatment of samesex couples in private univ housing in NY 2 The normal family characteristics Brascho exhibited were living together as life partners regarded as spouses attended family functions as a couple maintains relationship with extended family appellant considered apartment his home nancial obligations were shared In response to Mary Anne Case s critique married couples are not required to do the quotrather conservativequot things because in the eyes of the law they are already a couple A more effective critique would be examining how the court views opposite sex couples Would the court focus on similar things as they did in Braschi to determine if they were in fact couples I think they would since legally there is no formal process that they go through to be recognized legally The test is subject to abuse like anything else and inconsistencies The law should recognize nonconjugal relationships persons with children Social forces historically play a role in the development of landlordtenant law Braschi reveals different de nitions of family applied for rent control v rent stabilization purposes PP PE Questions What is the downside at looking at a functional de nition of family It is susceptible to constant change based on an individual39s view of what is family Could be seen as unstable unpredictable there is an element of manipulability requires a lot of evidence to be put forth before a judge in court sacri ces judicial ef ciency Does a functional de nition of family give room for more family privacy The functional de nition of family can be more respectable of family privacy in that it respects the choice of those who de ne family differently than the legal de nition However it is more intrusive of familial privacy in that it asks questions of personal nances living arrangements delity that can be intrusive Recap of Discussion The state de nes what is family there is no single de nition The legislature must have a rational basis at least for treating families different from nonfamilies in de ning quotfamilyquot What is the relevance of the Pew Research Center article 0 Gives good data to explain why question of family are arising


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