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Articles 1 - 13 of 13
Full-Text Articles in Law
22nd Annual Joseph L. Rauh, Jr. Lecture. University Of The District Of Columbia David A. Clarke School Of Law, Thomas E. Perez
22nd Annual Joseph L. Rauh, Jr. Lecture. University Of The District Of Columbia David A. Clarke School Of Law, Thomas E. Perez
University of the District of Columbia Law Review
No abstract provided.
Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman
Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman
University of the District of Columbia Law Review
This article will describe the implementation and analyze the results of an attorney training and mobilizing project of the Juvenile and Special Education Law Clinic (Clinic) 1 of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL).2 This project was premised in part on the notion that many of the children caught in the District of Columbia's school-to-prison pipeline have disabilities that significantly affect their ability to learn, and that many of these children therefore encounter, more than other children, conflict with school personnel and failure in school. These children disproportionately repeat grades, face school …
Civil Protection Orders: Increased Access And Narrowed Enforcement, Courtney Cross
Civil Protection Orders: Increased Access And Narrowed Enforcement, Courtney Cross
University of the District of Columbia Law Review
The statute governing civil protection orders in the District of Columbia is the Intrafamily Offenses Act,1 which has been in effect since 1970.2 This statute has been amended frequently over the past 45 years. While some of these changes have been clerical3 or procedural,4 there have also been substantive amendments which, inter alia,significantly expand both who may file for a protection order and what remedies that petitioner may request and receive. Yet this expansion has coincided with an intense scaling back by the judiciary of who can prosecute alleged violations of protection orders. While the statute continues to enable more …
Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague
Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague
University of the District of Columbia Law Review
Fifty years into the War on Poverty, the ability to fully participate in American economic life is predicated on access to basic financial services and mechanisms; yet, public programs designed to support the economic advancement of people in poverty often explicitly excludeinte nded beneficiaries from meaningful engagement with financial institutions. To promote economic opportunity for families accessing public assistance, we need policy reforms that both remove access barriers and create entry points to the financial mainstream. Safe and affordable financial products are foundational to financial inclusion. Unbanked and "underbanked" households-the vast majority of which are low-income---often rely on high-cost credit, …
Reporting Homeless Parents For Child Neglect: A Case Study From Our Nation's Capital, Marta Beresin
Reporting Homeless Parents For Child Neglect: A Case Study From Our Nation's Capital, Marta Beresin
University of the District of Columbia Law Review
In September 2012, Mary Brown called the Washington Legal Clinic for the Homeless (the Legal Clinic); she was being threatenedwith the loss of her children, then eight- and nine-years-old, for the sole reason that she was homeless. Before she sought legal advice, Mary had requested shelter for her family but had been denied. The irony of Mary's case is that the D.C. government agreed she was homeless and agreed that she needed to shelter her two daughters for their safety, but instead of sheltering her, the D.C. government reported her to child protective services. Mary and her daughters were turned …
The Real Marriage Penalty: How Welfare Law Discourages Marriage Despite Public Policy Statements To The Contrary - And What Can Be Done About It, Spencer Rand
University of the District of Columbia Law Review
Couples regularly complain about marriage penalties,' discovering that the tax consequences of marrying make the cost of marriage prohibitive.2 Although attempts were made in the last decade to reduce those penalties for the middle class,3 the poor were not helped by these changes. 4 Along with tax penalties, including low-income wage earners facing severe decreases or becoming entirely ineligible for the Earned Income Tax Credit (EITC) when they marry, the most common penalties reduce or eliminate government benefits upon marriage.
The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein
The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein
University of the District of Columbia Law Review
Reasoning that judicial economy is best served when a law enforcement agency determines how to expend its limited enforcemen tresources, the Supreme Court has held that the decision to exercise prosecutorial discretion is presumptively unreviewable.1 In the realm of immigration law, Deferred Action for Childhood Arrivals (DACA) and the recently announced Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) promote the goal of judicial economy by imposing a freeze on the deportation of eligible noncitizens who either entered the United States as children or who have a child who is a U.S. citizen or lawful permanent resident …
Revisiting The War On Poverty: How Policy Can Better Shape The Income And Wages Of Families With Children, Joy Moses
University of the District of Columbia Law Review
Fifty years ago, President Lyndon B. Johnson launched a "War on Poverty" while delivering his first State of the Union address on January 8, 1964. His language conveyed ambitious plans to recreate American society:This budget, and this year's legislative program, are designed to help each and every American citizen fulfill his basic hopes-his hopes for a fair chance to make good; his hopes for fair play from the law; his hopes for a full-time job on full-time pay; his hopes for a decent home for his family in a decent community; his hopes for a good school for his children …
The Continuing Work Of The Bellow Scholars, Jeanne Charn
The Continuing Work Of The Bellow Scholars, Jeanne Charn
University of the District of Columbia Law Review
In November 2010, the University of the District of Columbia David A. Clarke School of Law hosted the fourth Bellow Scholar Workshop and subsequently published the work of two Bellow Scholars in Volume 16 of the UDC Law Review.1 I was privileged to contribute a foreword to Volume 16 in which I commented on thelegacy of my late husband, Gary Bellow, and offered a brief narrative of the origins of the Association of American Law Schools (AALS) Clinical Section's Bellow Scholar program.2 Most of the earliest Bellow Scholars had worked with Gary or had taken his courses. We understood that …
Lessons Unlearned: The Effects Of Statutory Ambiguity And The Interpretative Uncertainty It Injects In The Courts, Carolyn Singh
Lessons Unlearned: The Effects Of Statutory Ambiguity And The Interpretative Uncertainty It Injects In The Courts, Carolyn Singh
University of the District of Columbia Law Review
For centuries, courts have dealt with the challenge of imposing penalties for crimes when governing law changes. Applying the new provisions can be a straightforward exercise for courts, but when legislatures are ambiguous with regard to which law applies-forexample, to pending cases-the courts are forced to interpret what legislatures intended. For some judges, the answer is easily found in the plain meaning of the text. For others, legislative intent can become the deciding factor. Throughout United States history, this has been a manageable yet controversial task, but aside from interpretive differences among judges, creating laws with uncertainty is a dangerous …
Protecting Sacred Ground: The San Manuel Ruling And Implications For Indian Cultural Resource Preservation, Gray O'Dwyer
Protecting Sacred Ground: The San Manuel Ruling And Implications For Indian Cultural Resource Preservation, Gray O'Dwyer
University of the District of Columbia Law Review
Six hundred years ago, all land in America was Indian land.1 Then,"[Europe] conducted some of her adventurous sons into this western world.., and discovery gave title... [which] could be consummated by possession."2 This "doctrine of discovery," agreed upon between colonial powers, essentially granted title to anyone who could occupy American soil. Europeans quickly scrambled to negotiate peace treaties with native tribes so that they could install settlers and thereby claim territory. The inherent problems with these treaties were numerous; beyond conflicting interests,3 outright fraud,4 and language barriers, the terms of transfer were inherently invalid because the government that was taking …
Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman
Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman
University of the District of Columbia Law Review
Congress enacted, and President Ford signed, the Education for All Handicapped Children Act (EAHCA) in 1975 to ensure that children with disabilities had access to a free appropriate public education. As the Supreme Court emphasized in Smith v. Robinson:[T]he Act establishes an enforceable substantive right to a free appropriate public education. See Board of Education of Hendrick Hudson Central School Dist. v.Rowley, 458 U.S. 176, (1982). See also 121 Cong. Rec.37417 (1975) (statement of Sen. Schweiker: "It can no longer be the policy of the Government to merely establish an unenforceable goal requiring all children to be in school. [The …
Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell
Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell
University of the District of Columbia Law Review
Over the last decade, the District's child support law has changed in three significant ways: (1) by the enactment of a statute that requires sentencing judges to notify obligors of their right to modify or suspend their child support order during incarceration; (2) by the passage of a law that requires the District of Columbia government to distribute up to the first $150 of child support collected each month to custodial parents who receive Temporary Assistance for Needy Families(TANF); and (3) by substantial revisions to how child support orders are calculated under the District's Child Support Guideline (the Guideline).1 These …