Law Commons^™

Early Childhood Development And The Replication Of Poverty, Clare Huntington

Faculty Scholarship

Traditional understandings of federalism suggest that states are likely to take varying approaches to important policy questions, particularly in areas as sensitive as family law. And indeed, there are patterns of convergence and divergence in state approaches to supporting early childhood development. Surprisingly, however, the divergences do not always follow predictable political lines. These similarities and differences raise a puzzle that deserves attention by scholars and advocates.

In the United States, differences in early childhood play a key role in replicating poverty. Clear evidence establishes that child development in the first five years of life lays essential groundwork for future …

Privacy And Cloud Computing In Public Schools, Joel Reidenberg, N. Cameron Russell, Jordan Kovnot, Thomas B. Norton, Ryan Cloutier, Daniela Alvarado

Center on Law and Information Policy

Today, data driven decision-making is at the center of educational policy debates in the United States. School districts are increasingly turning to rapidly evolving technologies and cloud computing to satisfy their educational objectives and take advantage of new opportunities for cost savings, flexibility, and always-available service among others. As public schools in the United States rapidly adopt cloud-computing services, and consequently transfer increasing quantities of student information to third-party providers, privacy issues become more salient and contentious. The protection of student privacy in the context of cloud computing is generally unknown both to the public and to policy-makers. This study …

The Indecency Of Indecency: How Technology Affects The Constitutionality Of Content-Based Broadcast Regulation, Nick Gamse

Fordham Intellectual Property, Media and Entertainment Law Journal

In the thirty-plus years since FCC v. Pacifica Foundation revolutionized content-based broadcast regulation, much has changed. Although broadcast television was recognized as a dangerously pervasive medium in 1978, it is no longer the dominant force that it once was, with the vast majority of Americans now paying for subscription television services like cable or satellite. And while the Pacifica Court strove to support parents in their struggle to protect their children from pervasive inappropriate content by upholding the FCC’s content regulation, technological developments like the V-Chip, cable boxes, DVRs, and satellite boxes have afforded modern parents various self-help alternatives. Many …

Hats Off To Claire Flom: Education And The Importance Of Being Involved , Judith S. Kaye

Fordham Urban Law Journal

This transcript of the Claire Flom lecture covers primarily two themes—the importance of early intervention, and the importance of people getting involved with the public school system and in their children - and other children's education The lecture applies these concepts first to children with special education needs and then to adolescents, kids at the brink of adulthood. The article argues that early intervening early is key to both populations and that neglected learning difficulties only worsen with the passage of time.

The Blurring Of The Lines: Children And Bans On Interracial Unions And Same-Sex Marriages, Carlos A. Ball

Fordham Law Review

No abstract provided.

The Scientific Shortcomings Of Roper V. Simmons, Deborah W. Denno

Faculty Scholarship

This Article contends that some of the case law and social science research that form the basis for the United States Supreme Court's decision in Roper v. Simmons are insufficient and outdated. The Court also relies heavily upon briefs submitted by the respondent and his amici, in lieu of providing more pertinent citations and analysis that could have enhanced and modernized the Court's arguments. The sparse and sometimes archaic sources for Roper potentially limit the opinion's precedential value. For example, the Court cites Erik Erikson's 1968 book, Identity: Youth and Crisis, to support the view that, relative to adults, juveniles …

Women As Perpetrators: Does Motherhood Have A Reformative Effect On Prostitution? , Lynne Marie Kohm

Fordham Urban Law Journal

This article explores whether motherhood may have any restorative effect on prostitution. Section I provides an overview of the crime of prostitution. It analyzes the underlying themes of autonomy, power, authority, and control, and considers whether prostitution is an example of the ultimate loss of these qualities, or an exercise of complete freedom and liberty in autonomy. Section II discusses how motherhood affects the life of a prostitute. It analyzes current social science research and studies and explores maternal responsibilities in terms of potential work interruption, new personal roles, and anxieties associated with the work/family/crime triad. It also considers the …

From Poverty To Abuse And Back Again: The Failure Of The Legal And Social Services Communities To Protect Foster Children, Sharon Balmer

Fordham Urban Law Journal

After decades of legislative reform, stories of foster care abuse still appear on the fron pages of our newspapers, and foster children who are injured while in protective care are turning to the courts to change the system. It is still relatively difficult for a child to prevail in an action against child protective workers and agencies. Opinions addressing children’s issues are few, and courts seem hesitant to expand causes of action. This Comment explores the current state of children’s legal remedies for injuries incurred as the result of a foster care placement. Part I describes the foster care system …

What Does A Fair Society Owe Children - And Their Parents?, Anne L. Alstott

Fordham Law Review

No abstract provided.

"Predictive Justice"?: Simmons V. Roper And The Possible End Of The Juvenile Death Penalty, S. Starling Marshall

Fordham Law Review

No abstract provided.

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.

Recommendations Of The Conference On Achieving Justice: Parents And The Child Welfare System

Fordham Law Review

No abstract provided.

Report Of The Education Working Group, Naomi Lynch, Virginia Strand

Fordham Law Review

No abstract provided.

Report Of The Funding Working Group, Edith Holzer

Fordham Law Review

No abstract provided.

Report Of The Judiciary And The Courts Working Group, Nanette Schorr

Fordham Law Review

No abstract provided.

Report Of The Parent Representation Working Group, Beth Harrow, Sue Jacobs

Fordham Law Review

No abstract provided.

Report Of The Parent Self-Advocacy Working Group, Lyn Slater

Fordham Law Review

No abstract provided.

Report Of The Race, Class, Ethnicity And Gender Working Group, Dana Hamilton

Fordham Law Review

No abstract provided.

Parents And The Child Welfare System, Foreword, Ann Moynihan, Mary Ann Forgey, Debra Harris

Fordham Law Review

No abstract provided.

Family Court Case Conferencing And Post-Dispositional Tracking: Tools For Achieving Justice For Parents In The Child Welfare System, Sara P. Schechter

Fordham Law Review

No abstract provided.

Report Of The Ethics And Professionalism Working Group, Nanette Schrandt

Fordham Law Review

No abstract provided.

Achieving Justice, Barriers To Achieving Justice For Incarcerated Parents, Martha L. Raimon

Fordham Law Review

No abstract provided.

Report Of The Case Management Working Group, Mary Ann Forgey, Hank Orenstein

Fordham Law Review

No abstract provided.

Acs's Interpretation Of The "No Contact Rule" Impedes The Reunification Of Families, Nanette Schorr

Fordham Law Review

No abstract provided.

Is Coppa A Cop Out? The Child Online Privacy Protection Act As Proof That Parents, Not Government, Should Be Protecting Children's Interests On The Internet, Melanie L. Hersh

Fordham Urban Law Journal

This Note first presents a historical background of media regulations protecting children, and introduces COPPA. Next, it presents the arguments fueling the debate about who should regulate the Internet - the government or non-government entities. It then argues that in light of COPPA's shortcomings and faulty attempts to emulate regulations of other media, the government should step back and allow parents to maintain the bulk of regulatory responsibility. Finally, it suggests a future course of action for successfully regulating the Internet to protect children's privacy while taking into account the Internet's dissimilarity to previously regulated media. This Note concludes that …

Overcoming Barriers In Communities

Fordham Urban Law Journal

Panelist Evelyn Cardona, discussed the work of the Brooklyn Coalition Against Family Violence, where she is the director, her own experience as a battered woman, and how she overcame it. Panelist Nechama Wolfson, president of the Shalom Task Force, then talked about the work of Shalom Task Force, a grasroots group of Orthodox Jewish women was doing on the community. Panelist Angela Lee, associate director of the New York Asian Women's Center, discussed the work her organization does with Asian battered women. Panelist Mircia Sanchez discussed the Harlem Dowling West Side Center for Children and Family Services, where she is …

Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Women, Children And Domestic Violence: Current Tensions And Emerging Issues

Fordham Urban Law Journal

A symposium in which the conference speakers give a clear and disturbing picture of how we ascribe a kind of omnipotence to mothers vis-a-vis their children. If children are hurt, it is assumed that those at fault must be the mothers, and they are likely to be blamed even when it is the father who strikes the blows, lands the punchers or terrifies the child. Somehow, we imagine they should have been able to snatch the children out of harms way. The answer to this problem ultimately lies in making sure the ways victims of domestic violence think about their …

Imposing Duties On Witnesses To Child Sexual Abuse: A Futile Response To Bystander Indifference, Jessica R. Givelber

Fordham Law Review

No abstract provided.

Conflicts Between Attorneys And Social Workers Representing Children In Delinquency Proceedings, Lisa A. Stranger

Fordham Law Review

No abstract provided.