SPRING 2022 SYMPOSIUM TRANSCRIPT | REFORMING AND RESTRUCTURING CHILD WELFARE LAW IN NEW JERSEY AND ABROAD

Author: The Rutgers Journal of Law and Public Policy On February 10, 2022, the Rutgers Journal of Law and Public Policy hosted the Reforming and Restructuring Child Welfare Law in New Jersey and Abroad Symposium. Speakers included moderator Randi Mandelbaum, Distinguished Clinical Professor of Law at Rutgers Law School and Annamay Sheppard Scholar; Sydney Groll, Independence… continue reading

THE ENDANGERED SPECIES ACT: DOES THE BLANKET RULE PROTECT ANIMAL OR HUMAN INTERESTS?

Author: Sara Myers The Endangered Species Act (“ESA”) was first passed by Congress in 1973.  “The purpose of the ESA is to protect and recover imperiled species and the ecosystems upon which they depend.”  The ESA was passed in response to President Nixon’s conservation initiative, which emphasized preventing the extinction of species.  Now more than ever,… continue reading

COMMUNITIES AS CARETAKERS: THE INDIAN CHILD WELFARE ACT AS AN ANTIRACIST FRAMEWORK FOR ALL CHILD WELFARE CASES

Author: Sydney Groll The child welfare system is racist.  As with all systems in the United States, the system charged with protecting children is not exempt from the racist policies, practices, and mindsets that created and justified colonialization and slavery.  Black, Indigenous, and other communities of color continue to fall prey to the harsh realities of… continue reading

AGING OUT OF FOSTER CARE AND OVER THE SERVICE CLIFF: ANALYSIS OF THE FAMILY FIRST PREVENTION SERVICES ACT AND STATES’ PARENS PATRIAE DUTY TO SUPPORT OLDER YOUTH IN AND AGING OUT OF FOSTER CARE

Author: Kelly Monahan In the U.S. today there are over 400,000 children and youth in foster care.  In 2020, less than half of the children and youth discharged from foster care were reunified with their parents and approximately 20,000 young people “aged out” of foster care.  Aging out refers to the transition to adulthood for older… continue reading

THE INTERGENERATIONAL EFFECTS OF THE CHILD WELFARE SYSTEM AND THE LEGAL OBLIGATION TO RECTIFY THEM

Author: Eliana Schachter, J.D. & Elizabeth Kroll, M.A. The American Association of Pediatrics asserted that separating a child from her family “can cause irreparable harm, disrupting a child’s brain architecture and affecting his or her short- and long-term health. This type of prolonged exposure to serious stress—known as toxic stress—can carry lifelong consequences for children.” Further, of… continue reading

NEW BEGINNINGS: A FEMINIST EVALUATION OF GENDERED STIGMA IN THE MODERN LEGAL PROFESSION

Author: Amanda M. Fisher The modern woman lawyer faces many of the same challenges that women in law faced during their earliest entry into the profession. While circumstances have certainly improved for women in law, gendered stigma is still prevalent in the profession. In this article, “gendered stigma” refers to circumstances resulting from one’s gender as… continue reading

CONTACT TRACING: WHERE WE WERE, WHERE WE ARE, WHERE WE ARE GOING. THE INFLUENCE “PRIVACY BY DESIGN” HAS HAD ON CONTACT TRACING APPS AND THE LASTING IMPRESSION IT WILL HAVE WELL AFTER THE PANDEMIC IS OVER

Author: Taylor Farrow As COVID-19 has spread globally, the underlying conflict between personal privacy rights and public well-being rages on, with no clear solution to either in sight.  With the intention of managing the spread of the virus, “tech companies and governments have both sought to come up with effective yet socially distant ways to keep close… continue reading

RAISING THE BAR: WHY NEW JERSEY SHOULD RECONSIDER ITS MENTAL HEALTH INQUIRIES ON THE BAR EXAM

Author: Summer Cordasco The combination of long hours, conflict-driven work projects, and demanding work environments has helped to establish the high-stress reputation of the legal profession. In 2016, a study of almost 13,000 attorneys funded by the Hazelden Betty Ford Foundation and the American Bar Association Commission on Lawyer Assistance Programs found that 20.6% of the… continue reading

COMBATING DOMESTIC TERRORISM: CONSTITUTIONAL ISSUES AND PRACTICAL SOLUTIONS

Author: Captain Melissa Ken Recent events in the United States have fueled the ongoing conversation regarding the domestic terrorist threat within our nation. Multiple studies indicate that the greatest terrorist threat to the United States no longer emanates from a foreign source but comes from within. In response, many lawmakers have proposed various legislative solutions, including… continue reading