Social Welfare Law Commons^™

Tinjauan Viktimologis Dan Yuridis Atas Eksploitasi Seksual Terhadap Anak Victimological And Juridical Review Of Commercial Exploitation Against Children, Ananda Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The International Labor Organization estimates that 30% of 240,000 commercial sex workers in Indonesia in 2017 are children under 18 years. Considering mentioned number, this paper discusses the aspect of victimology and legislation in the hope of being able to answer the question of how protection should be for children in the crime of sexual exploitation. The research method used is the normative legal method in which the writer tries to refer to the norms of criminal law and victimology in general. With the above regulations, the discussion on the principle of systematische specialiteit must be underlined to assess which …

“I Want Justice From People Who Did Bad Things To Children”: Experiences Of Justice For Sex Trafficking Survivors, John G. Morrissey, James Havey, Glenn M. Miles, Nhanh Channtha, Lim Vanntheary

Dignity: A Journal of Analysis of Exploitation and Violence

This research from the Butterfly Longitudinal Research Project focused on understanding the experiences and perceptions of justice and the justice system for 93 Cambodia participants (including 88 survivors of sex trafficking) as they navigated the legal system. Thirty-two of these survivors had experiences in court and provided details into their courtroom experiences, predominantly within Cambodia but also in the United States. The survivors’ experiences were diverse; however, the prevailing themes were: fear throughout their legal journeys; a low level of awareness and understanding of their legal experiences; and that NGO support was essential for these survivors to engage in the …

The Evolution Of Juvenile Justice From The Book Of Leviticus To Parens Patriae: The Next Step After In Re Gault, Donald E. Mcinnis, Shannon Cullen, Julia Schon

Loyola of Los Angeles Law Review

Since the arrival of the Pilgrims, American jurisprudence has known that its law-breaking children must be treated differently than adults. How children are treated by the law raises ethical and constitutional issues. This Article questions the current approach, which applies adult due process protections to children who are unable to fully understand their constitutional rights and the consequences of waiving those rights. The authors propose new Miranda warnings and a Bill of Rights for Children to protect children and their constitutional right to due process under the law.

Unfit To Parent: American And Jewish Legal Perspectives, Michoel Zylberman, Karen K. Greenberg, Daniel Pollack

Touro Law Review

No abstract provided.

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

Marquette Law Review

Removing children from their parents is child welfare’s most drastic

intervention. Research clearly establishes the profound and irreparable

damage family separation can inflict on children and their parents. To ensure

that this intervention is only used when necessary, a complex web of state and

federal constitutional principles, statutes, administrative regulations, judicial

decisions, and agency policies govern the removal decision. Central to these

authorities is the presumption that a healthy and robust child welfare system

keeps families together, protects children from harm, and centers on the needs

of children and their parents.

Yet, research and practice—supported by administrative data—paint a

different …

Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt

Marquette Law Review

Each year, psychological trauma arising from community and domestic violence, abuse, and neglect brings profound psychological, physiological, and academic harm to millions of American children, disproportionately poor children of color. This Article represents the first comprehensive legal analysis of the causes of and remedies for a crisis that can have lifelong and epigenetic consequences. Using civil rights and local government law, this Article argues that children’s reactions to complex trauma represent the natural symptomatology of severe structural inequality—legally sanctioned environments of isolated, segregated poverty. The sources of psychological trauma may be largely environmental, but the traumatic environments themselves are caused …

The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope

Seattle University Law Review

In Robertson v. Baldwin, the Supreme Court held that merchant seamen under contract could be legally compelled to work notwithstanding the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. According to the Court, seamen were “deficient in that full and intelligent responsibility for their acts which is accredited to ordinary adults,” and therefore could—along with children and wards—be deprived of liberty. Over the past few years, however, several courts have applied statutory bans on “involuntary servitude” and “forced labor” (a “species of involuntary servitude”) to protect women and children in domestic settings. These cases suggest that Robertson’s categorical exclusion is …

Flourishing Rights, Wendy A. Bach

Michigan Law Review

There is something audacious at the heart of Clare Huntington’s Failure to Flourish. She insists that the state exists to ensure that families flourish. Not just that they survive, or not starve, or be able, somehow, to make ends meet—but that they flourish. She demands this not just for some families but, importantly, for all families. This simple, bold, and profoundly countercultural demand allows Huntington to make a tremendously convincing case that the state can begin to do precisely that. Failure to Flourish is a brave, rigorously produced, carefully researched, and politically astute book. Huntington seeks to persuade a wide …

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 …

Special Populations: Mobilization For Change

Touro Law Review

This Article is based on a transcript of a break-out discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March 2008. The discussion was moderated by Karen L. Nicolson, Michael Williams, and Toby Golick.

This Article assesses the needs of various special populations and the possible strategies and solutions to create change through enacting a civil right to counsel. The Article is intended to capture information and viewpoints of the people who participated in the break-out discussion …

Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel

Touro Law Review

No abstract provided.

Neither Sad Nor Strange: Recovering The Logic Of Anticruelty Organizations In Gilded Age America, Bryn Resser Pallesen

Michigan Law Review

In 1877, the American Humane Association ("AHA") incorporated as one of the first national organizations dedicated to the protection of animals. Nine years later, it amended its constitution to include the protection of children in its chartered mission. By 1908, there were 354 anticruelty organizations in the United States, 185 of which were, like the AHA, humane societies invested in the welfare of both animals and children (pp. 2-3). As primary source documents reveal, Gilded Age humanitarians viewed the joint pursuit of child and animal protection as entirely sensible (p. 5). One of the Illinois Humane Society's founding directors, for …

Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney

Touro Law Review

Sex offenders are among the most loathed and detested members of our society. Over the past fifteen years, communities have zealously passed laws restricting the rights of sex offenders. These laws mandate that sex offenders register with authorities and severely limit where sex offenders may reside. This legislation is designed to foster an important goal: to protect the health and safety of children from possible recidivism from sex offenders. In 2007, the Town Board of Huntington, New York, passed a law barring sex offenders from renting or leasing accessory apartments within the Town. The health and safety of the town's …

"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell

Nevada Law Journal

No abstract provided.

Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch

University of Michigan Journal of Law Reform

The federal Supplemental Security Income (SSI) program provides cash benefits to financially needy persons who are 65 years of age or older, blind, or disabled. It also provides cash benefits to children with disabilities under the age of 18. This Article examines three sets of regulatory efforts to implement special disability standards for children, based first on the original SSI legislation, then on a seminal Supreme Court decision, and finally on amendments to the Social Security Act overruling the Court's decision, and shows how the "sequential evaluation process," which has been useful for adjudicating adult disability claims, has been a …

Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty

Fordham Urban Law Journal

A review of available statistical information shows the irreversible and detrimental impact on parents and children of family separation due to imprisonment. Specifically, it looks to data on parental incarceration, the impact of incarceration upon families, and the difficulties of remedying the consequences to families of parental incarceration. Finally, the Article argues that alternatives to imprisonment should be used where the parent is not subject to high security confinement and that the parental role should be a relevant factor in sentencing.

Eliminating Consideration Of Parental Wealth In Post-Divorce Child Custody Disputes, Carolyn J. Frantz

Michigan Law Review

There may be no story as old as that of the child of privilege, spoiled in the things of the world, who finally achieves happiness through coming to appreciate the simple charms of working-class life. But equal in strength are the real life stories of American parents: their drive for the accumulation of personal wealth, so frequently justified as "for the children." The place of wealth in the good life of a child is deeply controversial, and it should surprise no one to see it played out in child custody law. Under the statutes of almost all states, custody disputes …

Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.

Touro Law Review

No abstract provided.

Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin

University of Michigan Journal of Law Reform

The demographics of the workplace have changed substantially since the nation's unemployment insurance system was enacted in the 1930s. The number of dual-earner and single-parent families has increased dramatically. Yet, the basic requirements for eligibility for unemployment compensation have not varied much since their initial enactment. In this Article, Professor Malin explores the availability of benefits to individuals who lose their jobs because of conflicts between work and family responsibilities and to unemployed individuals whose family responsibilities restrict the types of jobs that they are able to take. He finds that the states have differed greatly concerning the degree to …

The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax

Michigan Journal of Race and Law

This Article seeks to explore in a preliminary way some questions that would be raised by the adoption of such a program. The initial issue raised by the proposal is: does the government ever have any legitimate business favoring some family forms over others? The first-pass answer would appear to be "yes." The law recognizes marriage, restricts it to persons of the opposite sex (at least for now), and confers upon married couples comparative rights and privileges-although fewer than have been enjoyed in the past. The more difficult questions are: what exactly is the nature of the government's interest in …

Reforming Welfare Through Social Security, Stephen D. Sugarman

University of Michigan Journal of Law Reform

In this Article, I first want to illustrate the connection between Social Security and AFDC-to explain the Social Security program and to demonstrate how it contributes to the welfare problem. More importantly, I then want to offer a reform proposal that builds on Social Security as a way to begin to eliminate AFDC and the current welfare problem. Simply put, I propose that Social Security should provide benefits to children with absent parents on the same basic terms on which it now provides benefits to children with deceased, disabled, or retired parents.

Public Relief

Touro Law Review

No abstract provided.

Public Relief

Touro Law Review

No abstract provided.

Confrontation Clause

Touro Law Review

No abstract provided.

Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen

University of Michigan Journal of Law Reform

Several authorities in the field of estate planning have examined in great detail the options currently available to the parents of disabled children. The options are limited. Ideally, laws should address the concerns of the families of disabled children while providing those families with the incentive to help bear the financial costs of providing for their children. New legislation is needed to achieve this dual objective. This legislation must establish a method by which parents can improve meaningfully the quality of a surviving disabled child's life without substantially increasing the social cost of supporting that disabled child. This Article proposes …

Families In Peril, Nellie Pappas

Michigan Law Review

A Review of Families in Peril by Marian Wright Edelman

The Treatment Of Mandatory Tax Withholdings In Calculating Afdc Benefits: Fairness As A Relevant Inference In Ascertaining Congressional Intent, Michigan Law Review

Michigan Law Review

This Note contends that the more appropriate construction of the statute is to view mandatory tax withholdings as nonincome and nonwork expense items. Part I traces the pre-OBRA legislative and administrative history and examines the judicial interpretations of 42 U.S.C. section 602(a)(7) "income" and section 602(a)(8) "earned income." It concludes that under the "availability" principle, tax withholdings have always been regarded as nonincome items distinct from work expenses. It contends that, notwithstanding contradictory language in the regulations implementing section 602(a)(8), the status of tax withholdings as nonincome items under section 602(a)(7) is controlling. Part II considers the legislative history and …