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Articles 1 - 30 of 35
Full-Text Articles in Law
New York's Daily Foster Care Reimbursements, Mariah Brown
New York's Daily Foster Care Reimbursements, Mariah Brown
Capstones
Foster parents in New York say financial support from the government to care for the state’s most vulnerable kids has lagged, impacting the care they are able to provide.
In Philadelphia – a nearby city with a significantly lower cost of living -- foster parents get more government aid than in New York. Philadelphia officials raised the city’s foster care reimbursement rates by a third this year.
New York foster families have been fighting for raises for years. And there is some hope. A coalition of foster care agencies sued the state in 2010 in federal court in Brooklyn alleging …
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran
Articles
In New York City, an indigent parent can receive the assistance of a multidisciplinary legal team—an attorney, a social worker, and a parent advocate—to defend against the City’s request to temporarily remove a child from her care. But in Mississippi, that same parent can have her rights to her child permanently terminated without ever receiving the assistance of a single lawyer. In Washington State, the Legislature has ensured that parents ensnared in child abuse and neglect proceedings will receive the help of a well-trained and well-compensated attorney with a reasonable caseload. Yet in Tennessee, its Supreme Court has held that …
Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis
Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis
Maine Law Review
According to Working Mother magazine, telecommuting is a “wonderful arrangement for working moms.” Advertisements for telecommuting jobs and related technologies show us pictures of these happy telecommuting moms, who are conducting important business on the telephone or typing busily at their computers, as their smiling toddlers play quietly by their sides or sit contentedly in their laps. Some employers have offered this wonderful experience in direct response to concerns raised by “women's issues” committees. That was probably just what Jack Nilles had in mind when he first coined the term “telecommuting” in the 1970s and described it as a way …
Protecting Children In Divorce: Lessons From Caroline Norton, Lucy S. Mcgough
Protecting Children In Divorce: Lessons From Caroline Norton, Lucy S. Mcgough
Maine Law Review
No fault divorce is now popularly accepted, at least in non-Catholic populations of the West. Furthermore, the role of the court in divorce and separation disputes has dramatically adjusted from a fact-finder of fault, its traditional adjudicatory role, to an administrative overseer of the process of unwinding the family financial enterprise and approving parenting arrangements. Less appreciated because it is a still-incomplete contemporary transfiguration is the divorce court's role in attempting to enhance parents' future interactions with each other. It is estimated that one-fourth to one-third of divorcing parents have considerable difficulty regaining their footing after separation and perhaps one …
Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos
Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos
Book Chapters
One of the most longstanding debates in educational policy pits the goal of equality against the goal of adequacy: Should we aim to guarantee that all children receive an equal education? Or simply that they all receive an adequate education? The debate is vexing in part because there are many ways to specify “equality” and “adequacy.” Are we talking about equality of inputs (which inputs?), equality of opportunity (to achieve what?), or equality of results (which results?)? Douglas Rae and his colleagues famously argued that there are no fewer than 108 structurally distinct conceptions of equality. And how do we …
Family Law, Allison Anna Tait
Family Law, Allison Anna Tait
University of Richmond Law Review
Another year of family law activity in Virginia brought both new
legislation, which will likely have long-term impacts, as well as a
new set of judicial opinions that will bring changes to the Virginia
rules. The terrain covered in the legislation and opinions varies,
but it includes certain fixtures such as marriage and divorce requirements,
equitable distribution, spousal and child support, and
child custody. This brief overview addresses all these areas, beginning
with the legislative changes and then moving to the courts.
Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka
Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka
University of Richmond Law Review
No abstract provided.
Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran
Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran
Articles
In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is fit to parent the second child. This article explores this practice, examines its origins, and discusses its constitutional inadequacies.
The Pro Bono Collaborative Project Spotlight 09-06-2017, Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight 09-06-2017, Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas
Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas
Articles
Prisoners serving life without parole for offenses they committed when they were juveniles have received much attention after the United States Supreme Court found in Miller v Alabama that mandatory life without parole for juveniles violated the Eighth Amendment and found that its Miller decision applied retroactively. Courts have begun the process of sentencing and resentencing these individuals, some of whom are still teens and some of whom have served 40 years or more in the Michigan Department of Corrections (MDOC). All told, not including new cases that come before the court, approximately 370 prisoners will receive individualized sentences under …
Babies Aren't U.S., Zachary J. Devlin
Babies Aren't U.S., Zachary J. Devlin
University of Massachusetts Law Review
Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …
Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba
Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba
University of Massachusetts Law Review
In an era where immigration and asylum is at the forefront of many western nationals’ minds, so too should be the reasons behind an individual’s intent to seek refuge in a new country. Statistics have shown that one of the pragmatic reasons women and girls, particularly from Middle Eastern and African nations, seek refuge through western asylum programs is to escape or recover from Female Genital Mutilation (FGM). While the practice has been a longstanding tradition in various communities around the world, modern western governments and international entities have moved to abolish the tradition completely, given its alarming implications against …
Compulsory Vaccination Laws Are Constitutional, Erwin Chemerinsky, Michele Goodwin
Compulsory Vaccination Laws Are Constitutional, Erwin Chemerinsky, Michele Goodwin
Erwin Chemerinsky
A measles epidemic in California, that then spread to other states, focused national attention on the many children who have been vaccinated against communicable diseases. This Essay focuses on the constitutional issues concerning compulsory vaccination laws and argues that every state should require compulsory vaccination of all children, unless there is a medical reason why the child should not be vaccinated. There should be no exception to the compulsory vaccination requirement on account of the parents’ religion or conscience, or for any reason other than medical necessity. The government’s interest in protecting children and preventing the spread of communicable disease …
War's Children, Julie Niejadlik
War's Children, Julie Niejadlik
Honors Theses
When one thinks of war, one does not often think of children. Images of Navy SEALS in camouflage tanks and the desert may come to mind when thinking of modern war. Those of Pearl Harbor, the Allied Forces, and Hitler may arise when thinking of war in a more historical sense. In the mind of the civilian children and the key role that they play in armed conflict rarely surfaces. In this thesis, I will address the function of children in war by arguing that their assumed innocence, as well as their assumed status as a "child" makes them easily …
Timely Permanency Or Unnecessary Removal?: Tips For Advocates For Children Who Spend Less Than 30 Days In Foster Care, Christopher Church, Monique Mitchell, Vivek Sankaran
Timely Permanency Or Unnecessary Removal?: Tips For Advocates For Children Who Spend Less Than 30 Days In Foster Care, Christopher Church, Monique Mitchell, Vivek Sankaran
Articles
Removal and placement in foster care is child welfare’s most severe intervention, contemplated as “a last resort rather than the first.” Federal law, with an overarching goal of preventing unnecessary removals, bolsters this principle by requiring juvenile and family courts to carefully oversee the removal of children to foster care. Expansive research reminds the field that removal, while often necessary, is not a benign intervention. Physically, legally, and emotionally separating children from their parent(s) can traumatize children in lasting ways. Yet review of federal data concerning children in foster care reveal a troubling narrative: each year, tens of thousands of …
Online Issue: Table Of Contents
Online Issue: Table Of Contents
University of Richmond Law Review
No abstract provided.
Bureaucracy As The Border: Administrative Law And The Citizen Family, Kristin Collins
Bureaucracy As The Border: Administrative Law And The Citizen Family, Kristin Collins
Faculty Scholarship
This contribution to the symposium on administrative law and practices of inclusion and exclusion examines the complex role of administrators in the development of family-based citizenship and immigration laws. Official decisions regarding the entry of noncitizens into the United States are often characterized as occurring outside of the normal constitutional and administrative rules that regulate government action. There is some truth to that description. But the historical sources examined in this Article demonstrate that in at least one important respect, citizenship and immigration have long been similar to other fields of law that are primarily implemented by agencies: officials operating …
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Lisa T. Alexander
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Faculty Scholarship
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
Adultery: Trust And Children, Margaret F. Brinig
Adultery: Trust And Children, Margaret F. Brinig
Margaret F Brinig
Deborah Rhode writes that while adultery is admittedly not good, it should not be criminal. She argues that it should not generate a tort action either, because the original purposes for which the torts of alienation of affections and criminal conversation come from a time with quite different views about marriage and gender, while no-fault and speedy divorce today give adequate remedies to the wronged spouse. Further, adultery should not affect employment (as a politician or in the military) unless it directly impacts job performance.
My own reluctance to disengage adultery and law stems from the seriousness of adultery. First, …
How Should Justice Policy Treat Young Offenders?, Owen D. Jones, B. J. Casey, Richard J. Bonnie, Et Al .
How Should Justice Policy Treat Young Offenders?, Owen D. Jones, B. J. Casey, Richard J. Bonnie, Et Al .
Vanderbilt Law School Faculty Publications
The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?
A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults, …
How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner
How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner
All Faculty Scholarship
The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?
A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults, …
Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, Carina Muir
Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, Carina Muir
Pepperdine Law Review
Despite its devastating psychological, physical, and developmental effects on juveniles, solitary confinement is used in juvenile correctional facilities across the United States. This Comment posits that such treatment violates the Eighth Amendment’s Cruel and Unusual Punishment Clause, the United Nations’ Convention on the Rights of the Child, and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. It likewise argues that that President Obama’s recent Executive Order banning juvenile solitary confinement is simply not a powerful enough remedy and discusses why it must be paired with Congressional legislation or Supreme Court jurisprudence if it is to …
The Impact Of Marijuana Legalization On Youth & The Need For State Legislation On Marijuana-Specific Instruction In K–12 Schools, Amanda Harmon Cooley
The Impact Of Marijuana Legalization On Youth & The Need For State Legislation On Marijuana-Specific Instruction In K–12 Schools, Amanda Harmon Cooley
Pepperdine Law Review
State legalization of marijuana is a divisive and polarizing issue that has resulted in fragmentation between governments and citizens. Contrary to federal law, voters in many states have approved ballot initiatives legalizing the sale of marijuana to adults for their recreational use. This Article argues that any state that legalizes marijuana has a concomitant duty to amend its K–12 public school instructional statutes to provide for substantial marijuana education. No state has yet enacted such legislation even though current alternative educational methods fail to provide sufficient safeguards. Accordingly, this Article proposes new statutory remedies that could bridge the gap between …
Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell
Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell
Georgetown Law Faculty Publications and Other Works
This article describes major changes in how video content and advertising is delivered to consumers. Digital technologies such as broadband allow consumers to stream or download programming. Smart phones and tablets allow consumers to view screen content virtually anywhere at any time. Advertising has become personalized and integrated with other content.
Despite these major changes in the media markets, the framework for regulating advertising to children has not changed very much since the 1990s. This article argues that the existing regulatory framework must be reinvented to protect children in the digital age. It uses Google’s recently introduced YouTube Kids app …
Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Opening Remarks, November 6, 2015, Bridget M. Mccormack
Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Opening Remarks, November 6, 2015, Bridget M. Mccormack
University of Michigan Journal of Law Reform
Opening remarks by Justice Bridget McCormack, Michigan Supreme Court on November 6, 2015.
Doing More For Children With Less: Multidisciplinary Representation Of Poor Children In Family Court And Probate Court, Robert N. Jacobs, Christina Riehl
Doing More For Children With Less: Multidisciplinary Representation Of Poor Children In Family Court And Probate Court, Robert N. Jacobs, Christina Riehl
Loyola of Los Angeles Law Review
Family court and probate court are Barmecide feasts for too many children, especially poor children with special needs. “Multidisciplinary representation” of children enables the courts to address needs and risks that cannot be resolved by fine-tuning a custody schedule, frequently at little or no additional cost to the taxpayers. Since most children cannot identify the salient issues in their cases and do not have standing in family court or probate court much less lawyers to represent them, it becomes the court’s responsibility in every case to identify the issues most relevant to children’s interests and decide whether multidisciplinary representation is …
Counteracting Diminished Privacy In An Augmented Reality: Protecting Geolocation Privacy, Diana Martinez
Counteracting Diminished Privacy In An Augmented Reality: Protecting Geolocation Privacy, Diana Martinez
Loyola of Los Angeles Law Review
No abstract provided.
Impact Of Family-Friendly Prison Policies On Health, Justice And Child Protection Outcomes For Incarcerated Mothers And Their Dependent Children: A Cohort Study Protocol, Helen Myers, Leonie Segal, Derek Lopez, Ian W. Li, David B. Preen
Impact Of Family-Friendly Prison Policies On Health, Justice And Child Protection Outcomes For Incarcerated Mothers And Their Dependent Children: A Cohort Study Protocol, Helen Myers, Leonie Segal, Derek Lopez, Ian W. Li, David B. Preen
Research outputs 2014 to 2021
Introduction
Female imprisonment has numerous health and social sequelae for both women prisoners and their children. Examples of comprehensive family-friendly prison policies that seek to improve the health and social functioning of women prisoners and their children exist but have not been evaluated. This study will determine the impact of exposure to a family-friendly prison environment on health, child protection and justice outcomes for incarcerated mothers and their dependent children.
Methods and analysis
A longitudinal retrospective cohort design will be used to compare outcomes for mothers incarcerated at Boronia Pre-release Centre, a women’s prison with a dedicated family-friendly environment, and …
Decriminalizing Childhood, Andrea L. Dennis
Decriminalizing Childhood, Andrea L. Dennis
Scholarly Works
Even though the number of juveniles arrested, tried and detained has recently declined, there are still a large number of delinquency cases, children under supervision by state officials, and children living in state facilities for youth and adults. Additionally, any positive developments in juvenile justice have not been evenly experienced by all youth. Juveniles living in urban areas are more likely to have their cases formally processed in the juvenile justice system rather than informally resolved. Further, the reach of the justice system has a particularly disparate effect on minority youth who tend to live in heavily-policed urban areas.
The …