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.
Nancy E. Dowd,
John Moore Jr.: Moore v. City of East Cleveland and Children’s Constitutional Arguments,
85 Fordham L. Rev. 2603
Available at: https://ir.lawnet.fordham.edu/flr/vol85/iss6/7