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Big Changes in Child Protection Policies?
On September 23rd, the U.S. Court of Appeals for the Second Circuit certified to the New York Court of Appeals three questions for clarification whose answer could become of major importance to New York child-welfare professionals and the families they work with. The responses to these questions and the ultimate decision in this case could have a significant impact on the way in which children can be removed from homes where one adult has domestically abused another.
In this interlocutory appeal in the case of Nicholson v. Scoppetta, N.Y.L.J. 9/23/03, DOI Pg. 26, the City of New York and its chief child-welfare administrator challenged the determination of the U.S. District Court for the Eastern District of New York (Weinstein, J.) that the manner in which they have chosen to carry out the task of protecting children against those who would harm them, intentionally or not, violates the U.S. Constitution. The District Court had found below that the city was at least inattentive to the custom or practice of its officers in removing children from the custody of a parent who had been battered by a spouse or paramour, based on the theory that the battered parent's failure to protect the child from witnessing the abuse was itself a form of child neglect. This practice, the District Court concluded, contravened protected substantive due process and procedural due process liberty interests of parents and children in staying together as a family. That court also held that the removals were unreasonable seizures, contrary to the safeguards of the Fourth Amendment.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.