A QUALITY PUBLIC EDUCATION FOR ALL – THE USES OF LAW TO TRANSLATE THEORY INTO PRACTICE
A SYMPOSIUM PRESENTED BY:THE PUBLIC INTEREST LAW CENTER OF PHILADELPHIA THURSDAY, SEPTEMBER 30, 2010 View More
ADVOCATING EDUCATIONAL ADEQUACY AND MEANINGFUL OPPORTUNITY: THE BALL IS IN THE STATE COURTS
Poverty in the United States of America continues to present a seemingly intractable problem for our society. The percentage of Americans living in poverty climbed to 14.3 percent in 2009, the highest level recorded since 1994. The Census Bureau reported that one in five children is now affected by poverty. One of the foremost problems… continue reading
THE CENTRAL REGISTRY STATUTE FOR ABUSE AND NEGLECT MATTERS IS CONSTITUTIONALLY FLAWED
This discussion identifies two perceived flaws with the Central Registry (Registry) maintained by the Department of Children and Families (DCF). I contend that the Registry statute 1) must allow proof of rehabilitation; and 2) intentionally or unintentionally deems parents perpetually unfit to care for children without the necessary proofs to reach such a destructive determination…. continue reading
WELFARE, INCOME DETECTION, AND THE SHADOW ECONOMY
In the spring of 2009 a humorous parody of the MasterCard Credit Card Company advertising campaign circulated on the Internet, showing an actual photograph of the first lady, Michelle Obama, volunteering at a soup kitchen, having her picture taken by a man waiting in line with his cell phone. View More
ASSESSING THE EFFECTS OF A “LOSER PAYS” RULE ON THE AMERICAN LEGAL SYSTEM: AN ECONOMIC ANALYSIS AND PROPOSAL FOR REFORM
Although the American justice system is derided as expensive, capricious, and prone to abuse, Americans go to court more often—and more expensively—than any other people in the world. The purpose of this paper is to explore the possibility of reducing the incidence of what I will call “abusive litigation” in the United States by replacing… continue reading
HOW MARRIAGE BECAME OPTIONAL: COHABITATION, GENDER, AND THE EMERGING FUNCTIONAL NORMS
In 1953, sociologist Ray E. Baber confidently asserted that the “opportunity which marriage affords for constant and complete companionship with the person most loved, with the full sanction of society, is its greatest single attraction.” Another mid-20th century text, Paul H. Landis’ “Making the Most of Marriage”, referred to the “long-accepted idea that marriage is… continue reading
EFFICIENCY GAINS: AN ARGUMENT FOR A COMPRESSED WORKWEEK FOR NEW JERSEY’S PUBLIC EMPLOYEES
It is time for New Jersey’s leaders to think outside of the box. Like most every other state in the union, New Jersey is not immune to the harsh effects of the recent economic crisis. For the fiscal year of 2011, New Jersey faces nearly a $10 billion budget deficit and a mid-year budget gap… continue reading
LOUIS VUITTON MALLETIER V. AKANOC SOLUTIONS, INC.: WHY ISPS SHOULD BE HELD LIABLE FOR KNOWINGLY HOSTING WEBSITES THAT SELL COUNTERFEIT PRODUCTS
Courts of the United States have routinely neglected to hold Internet Service Providers (“ISPs”) liable for contributory copyright and trademark infringement. However, on August 28, 2009, in Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., eight jurors out of the Northern District of California found two ISPs liable for $32.4 million in damages to French… continue reading
EXAMINING THE POLICY IMPLICATIONS OF THE SPLIT AMONG CIRCUIT AND DISTRICT COURTS IN REGARDS TO CAUSES OF ACTION AGAINST PUBLIC EMPLOYERS UNDER THE FAMILY AND MEDICAL LEAVE ACT, PARTICULARLY IN VIEW OF THE RECENT DECISION IN SADOWKI V. U.S. POSTAL SERVICE,
The Family and Medical Leave Act of 1993 (FMLA) was intended to provide unpaid family and medical leave to employees suffering from a serious medical condition, or to employees having to take care of an immediate family member– including a foster or adoptive child–for up to twelve weeks. As part of the FMLA, an employee… continue reading
IMPLICATIONS OF THE PARENTAL RIGHT TO UNILATERALLY REVOKE CONSENT OF SERVICES ON THE RIGHTS OF A CHILD WITH LEARNING DISABILITIES UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
The Supreme Court and Congress have recognized the importance of education in American society as early as the 1950s when the Court in Brown v. Board of Education declared education to be “perhaps the most important function of state and local governments.” While education has traditionally been under the control of local governments, the federal… continue reading