Publisher: Brooklyn Law School (Total: 4 journals)   [Sort by number of followers]

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Brooklyn J. of Corporate, Financial & Commercial Law     Open Access   (Followers: 2)
Brooklyn J. of Intl. Law     Open Access   (Followers: 5)
Brooklyn Law Review     Open Access   (Followers: 4)
J. of Law and Policy     Open Access   (Followers: 1)
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Journal of Law and Policy
Number of Followers: 1  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1074-0635
Published by Brooklyn Law School Homepage  [4 journals]
  • Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based
           Criminal Justice Reform

    • Authors: Lane Waples
      Abstract: Criminal justice reform is elusive in the United States. Despite evidence that the system is broken, change remains ephemeral at best. This is partially attributable to the fact that most attempts to reform the criminal legal system have occurred through the political process. However, another method of criminal justice reform is to assist communities as they address the root causes of crime. Undergirding this approach is the belief that building stronger communities contributes to less crime and reduces recidivism. After seizing $250 million via prosecutions of financial crimes in 2016, the New York County District Attorney’s Office created a “first-of-its-kind” initiative to reinvest those seized funds into the communities of Manhattan in New York City. This “Criminal Justice Investment Initiative” (CJII) seeks to empower said communities through a variety of programs to prevent crime from happening in the first place. This Note argues that prosecutorial offices across the United States should create similar initiatives that derive funding solely from seizures related to financial crimes. In doing so, it highlights why the political process is unequipped to enable criminal justice reform, explains the notion of community-based criminal justice reform, explores the CJII, and finally demonstrates the pitfalls of constructing such initiatives around traditional civil asset forfeitures.
      PubDate: Thu, 24 Feb 2022 08:36:38 PST
  • Big Dreams and Pyramid Schemes: The FTC’s Path to Improving Multi-Level
           Marketing Consumer Protections in Light of AMG Capital Management and the
           2016 Herbalife Settlement

    • Authors: Camille H. Mangiaratti
      Abstract: Multi-level marketing, also known as “MLM,” is a type of sales business that relies on both sales to consumers and recruitment of sellers into the company’s tiered commission structure. MLMs are wildly and enduringly popular, especially because they claim to be a flexible and easy source of income for people who need it most. However, almost everyone who joins an MLM will lose money, and many MLMs are illegal pyramid schemes. Millions of Americans are harmed by MLMs every year. Despite this, the government does very little to punish MLMs who lie to prospective participants about their odds of success. How are MLMs allowed to operate relatively unchecked' MLMs have a powerful political lobby which has ensured that state and federal regulations remain favorable to their operations. Furthermore, the Supreme Court’s 2021 decision in AMG Capital Management, LLC v. Federal Trade Commission abrogated the FTC’s power to pursue financial restitution for consumers harmed by MLMs. To overcome this setback, this Note argues that the FTC must frequently and aggressively use its Sections 5 and 19 powers to reimburse harmed MLM customers and deter further MLM misconduct, without falling into the pitfalls exemplified by its 2016 settlement with Herbalife, a nutrition MLM. The FTC must also require full disclosure of the odds of success in an MLM, obtain proportionate financial punishments against offenders, and more widely publicize the harmful nature of MLMs.
      PubDate: Thu, 24 Feb 2022 08:36:37 PST
  • How Artificial Intelligence Machines Can Legally Become Inventors: an
           Examination of and Solution to the Decision on DABUS

    • Authors: Justyn Millamena
      Abstract: With proliferation of Artificial Intelligence research and development, it is foreseeable that these machines will invent many new patentable technologies. However, the United States Patent and Trademark Office recently deemed a patent application incomplete for listing an AI machine as the inventor. If the USPTO’s decision is not corrected, the patent system will be in danger because many fraudulent patent applications that list incorrect inventors will be filed. This would drastically change existing and settled inventorship jurisprudence and might endanger the patent protection over such patents. This Note argues that the USPTO’s reasons for not allowing the Artificial Intelligence machine to be listed as an inventor are erroneous. First, AI machines with internal neural networks that allow for continual self-training to develop novel ideas satisfy the Conception Requirement. Second, the language of Title 35 of the U.S.C. does not inherently suggest a national person is required to be the inventor; it only requires a legal person to be the inventor. Therefore, this Note calls for the limited legal personhood of AI to serve the purpose of inventorship eligibility.
      PubDate: Thu, 24 Feb 2022 08:36:37 PST
  • The Patient Assistance Problem

    • Authors: Daniel O’Brien Lichtenauer
      Abstract: Implemented in January 2006 as a voluntary enrollment supplement to standard Medicare plans, Medicare Part D coverage subsidizes the cost of prescription drugs for participants. However, significant gaps in coverage exist for those suffering from rare diseases that require costly drugs. Pharmaceutical companies seek to remove the powerful market force of patient price sensitivity by directly sponsoring or substantially funding “patient assistance programs” that help cover out-of-pocket costs. While pharmaceutical donors insist that their goal is strictly altruistic, the reality is that many of these programs offer a financial windfall for drug makers because they help funnel patients towards new pharmaceuticals with generic alternatives while collecting the drug’s market price at the expense of taxpayers. This Note argues that industry-sponsored patient assistance programs violate the anti-kickback statute and should be outlawed. To preserve a safety net of assistance while discouraging illegal activity, an industry-sponsored, CMS-administered fund should be established for the appropriate disbursement of pharmaceutical industry charity, opening access to costly, life-saving medications to a broader population of needy patients in a manner uninfluenced by corporate bottom lines.
      PubDate: Thu, 24 Feb 2022 08:36:36 PST
  • On the Outer Reaches of the Marketplace of Ideas: the Weaponization of
           Title VI Against Palestinian College Activists

    • Authors: Gavriella Fried
      Abstract: On U.S. college campuses, Palestinian rights activists who are critical of Israel risk legal consequences. Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color, or national origin in any program receiving federal funds. Over the past two decades, at least eighteen Title VI complaints have been filed against U.S. colleges and universities, alleging that Palestinian rights activists’ political expression is a form of anti-Semitism. In December 2019, President Trump promulgated Executive Order 13,899, which formally extended Title VI protections to Jews and directed enforcement agencies to investigate allegations of anti-Semitism using guidance that includes “criticism of the state of Israel” as a form of anti-Semitic discrimination. This Note traces the history of Palestinian student activism, distinguishes anti-Semitism from criticism of Israel, and explores the tension between Title VI and campus free speech protections. Analyzing the ramifications of the executive order on the Title VI analysis, this Note argues that the executive order must be rescinded to deter the use of Title VI as a means of restricting campus free speech.
      PubDate: Thu, 24 Feb 2022 08:36:35 PST
  • Section 230 and the Problem of Social Cost

    • Authors: Stanley M. Besen et al.
      Abstract: This Article employs, with certain modifications, the framework developed in Ronald Coase’s classic article, “The Problem of Social Cost,” to analyze the current debate over Section 230 of the Communications Decency Act. This provision absolves interactive computer services, also known as platforms, from liability when they disseminate materials that cause “harm” to third parties, “harm” that can take the form of compensable damage of a sort found in ordinary tort cases but also can include broader injuries to social order and cohesion in the form of such things as hate speech and misinformation. The Article begins by pointing out that, as Coase observes, the ability of private markets to deal with such externalities is limited when the harmful effects are widely distributed, so that many of the entities that are harmed do not have incentives to bring private actions against their sources. It also notes that this problem is compounded in the case of information that is distributed over the internet because of the difficulties involved in identifying, and obtaining jurisdiction over, the ultimate sources of such information. For that reason, it concludes that private actions to limit the dissemination of harmful materials are likely to be more effective if interactive computer services, in addition to information sources, can be held liable by their victims both because the services will often be easier to identify and because they have greater ability to engage in content moderation. However, it also observes that this is likely to be of limited effectiveness, in part because of the difficulties of bringing private actions against these services both because of the cost, delay, and uncertainty of litigation and because some services may obtain substantial economic benefits when they disseminate harmful information. For these reasons, the Article concludes that policy makers should consider expanding the range of carve outs, provisions that eliminate the immunity from liability that interactive computer services currently enjoy when they are involved in the dissemination of certain types of harmful materials, and that empowering the government to bring civil actions against interactive computer services for disseminating specific types of harmful information should also be considered.
      PubDate: Thu, 24 Feb 2022 08:36:34 PST
  • The Historical Diagnosis Criterion Should Not Apply: Reasonable
           Accommodations in Standardized Testing for Individuals with a Later
           Diagnosis of ADHD

    • Authors: Denise Elliot
      Abstract: There is a growing number of adults being diagnosed with ADHD who were not diagnosed in childhood, misdiagnosed, or primarily exhibited symptoms in adulthood. Notably, most of the later diagnoses of ADHD in adults are individuals pursuing some level of higher education. Some of the reasons posited for this increase in ADHD diagnoses in higher education may be attributed to increased workloads, decreased structural and community supports, misdiagnosis in childhood, masking, and racial and socioeconomic factors that overlook subpopulations like children of color, female-presenting, and gender-nonbinary children with ADHD. Unfortunately, testing agencies that administer college entrance exams, graduate school entrance exams, and professional licensing exams do not make any exceptions to their strict accommodations policies for individuals who receive a later diagnosis of ADHD. Instead, testing agencies continue to require an extensive history of supportive information, including a history of diagnosis criterion (referring to a childhood diagnosis) for individuals with ADHD to prove requests for an accommodation. This Note argues that the history of diagnosis criterion puts individuals with a later diagnosis of ADHD at a disadvantage because they cannot demonstrate that history when they have only recently been diagnosed. This Note calls on the U.S. Department of Justice to issue guidance to testing agencies regarding the subset of individuals with disabilities who have received a later diagnosis of ADHD, specifically advising testing agencies to make an exception to the history of diagnosis requirement for individuals who receive a later diagnosis of ADHD.
      PubDate: Thu, 24 Feb 2022 08:36:34 PST
  • The Roberts Court, State Courts, and State Constitutions: Judicial Role

    • Authors: Ariel L. Bendor et al.
      Abstract: In this Article we reveal a dual dilemma, both material and institutional, that the Supreme Court in its current composition faces when reviewing liberal state court decisions based on the state constitution. The Article further describes substantive and procedural tactics that the Court adopts to address this dilemma, and illustrates the arguments by analyzing a number of recent Supreme Court decisions. The two dilemmas, the combination of which serve as a “power multiplier,” of sorts, have arisen following the last three appointments to the Supreme Court, which resulted in a solid majority of conservative Justices nominated by Republican presidents. One dilemma, material in nature, that the Roberts Court faces, is between the federalist component of the conservative legal worldview, that requires federal courts to defer to state courts’ rulings based on state constitutions, and its non-liberal component, based on conservative values. The second dilemma, institutional in nature, stems from the Roberts Court’s legitimacy deficit among substantial sections of the American public, mainly supporters of the Democratic Party, which has increased as a result of the three recent appointments. The legitimacy deficit may make it difficult for conservative Justices to fully implement their judicial philosophy. We further argue that the emerging ambivalence of the Roberts Court, which is a consequence of the combination of these two dilemmas, is manifested, in addition to general avoidance doctrines and the specific state ground doctrine, also in two types of judicial tactics, substantive (such as seeking judicial compromise in order to reach a broad common denominator among the Justices) and procedural (such as encouraging other branches to carry out their obligations until the dispute is reasonably resolved), that the Court adopts in coping with liberal state court decisions based on the state constitution. In the last Part of the Article we illustrate our contentions by analyzing three recent Supreme Court decisions: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018), Espinoza v. Montana Department of Revenue (2020) following Trinity Lutheran Church of Columbia, Inc. v. Comer (2017), and Republican Party of Pennsylvania v. Boockvar (2020).
      PubDate: Thu, 24 Feb 2022 08:36:33 PST
  • “A Dollar Ain’t Much if You’ve Got It”: Freeing Modern-Day Poll
           Taxes from Anderson-Burdick

    • Authors: Lydia Saltzbart
      Abstract: How much should it cost to vote in the United States' The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have proliferated. Millions of voters are required to expend financial resources to provide postage for mail ballots, comply with voter ID requirements, notarize ballots, and pay off legal financial obligations (“LFOs”) in order to vote and have their vote counted. This Note argues that the Court fails to appreciate the special constitutional and statutory protections against wealth-based voting qualifications when it applies Anderson-Burdick to monetary burdens on the right to vote. In highlighting the specific protections afforded by Harper, the Twenty-Fourth Amendment, and Section 10 of the Voting Rights Act, this Note calls for not only the Court, but also Congress, to restore the intended power of these protections and to untangle laws that impose monetary burdens on voters from ordinary voting regulations subject to Anderson-Burdick.
      PubDate: Tue, 20 Jul 2021 07:51:06 PDT
  • A Firm Pillar of Local Justice: The Failures of the New York Town and
           Village Justice Courts Supporting Statewide Adoption of the District Court

    • Authors: Noah Sexton
      Abstract: Town and village justice courts have been the center of municipal law, both civil and criminal, since the mid-nineteenth century. However, in the modern world, they have become corrupt, poorly managed institutions, creating issues involving procedural integrity and civil rights. In order to remedy these failures and modernize the New York State Unified Court System, state legislators must look to the district court model as it currently exists in Nassau and Eastern Suffolk Counties. The district court model offers several benefits, including the imposition of educational and experiential requirements for judges, the creation of internal and external oversight institutions, the expansion of jurisdiction for local judges, and increased transparency in records and court dealings. By creating such a centralized, professionalized system of municipal courts, oversight can be expanded, procedural uniformity can be promoted, and basic civil rights now left unguarded or outright denied by justice courts can be protected. Moreover, to preserve the spirit of democratically elected local judicial offices, the Vermont justice of the peace model may be adopted in New York, creating popularly elected positions responsible for handling key local functions, such as giving oaths of office, solemnizing marriages, and hearing tax appeals. By moving away from the unwieldy, outdated town and village justice court regime, New York can catch up with a growing number of similarly minded states, move forward with its efforts to reform the justice system, and ensure that fair local justice is guaranteed to all New Yorkers—not just those living downstate.
      PubDate: Fri, 16 Jul 2021 11:52:19 PDT
  • Business Interruption Insurance in the Time of Covid-19: Who Should Foot
           the Bill'

    • Authors: Paul McHugh
      Abstract: COVID-19-related business closures led to thousands of business interruption insurance claims and lawsuits across the country. However, throughout the history of business interruption policies, obstacles such as virus exclusions and “physical damage” requirements have been added in response to prior pandemics and catastrophic losses. These exclusions and requirements have led to many hurdles and outright denials for those seeking payment on their policies. So, then, can business owners still find some economic refuge in these policies' Despite outright denials in many courts, at least a handful of federal judges as well as a number of members of Congress seem to think so. Some courts have been using traditional canons of contract interpretation to allow plaintiffs to survive summary judgment motions on their claims, and there is a federal push to pass legislation that would require coverage due to COVID-19-mandated closures. This Note posits that any solution to this economic fallout through business interruption insurance must consider the rational economic needs of insurers and incentivize private capital investment to prevent any one industry—or in the event of federal legislation, the taxpayer—from shouldering this monumental burden.
      PubDate: Fri, 16 Jul 2021 11:52:18 PDT
  • Landlord Bounty Hunters: Qui Tam as an Effective Tool for Housing Code

    • Authors: Alex Ellefson
      Abstract: Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters’ quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing policies in the United States has concentrated poor housing conditions in low-income communities of color. This Note argues that existing methods of housing code enforcement are inadequate. Instead, housing advocates should turn to an ancient remedy that has been used to prosecute fraud, labor violations, and even pirates: qui tam statutes. Qui tam statutes allow private parties to prosecute claims on behalf of the government and to collect a portion of the damages recovered. Currently, housing code enforcement relies on tenants to report code violations and to file suit when the landlord fails to correct conditions. A qui tam provision in the housing code would allow tenants to receive a percentage of the fines assessed against their landlord. Not only would this create stronger incentives for private parties to enforce the housing code, which promotes the public interest, it would also compensate tenants for the time and effort expended pursuing their right to a decent home.
      PubDate: Fri, 16 Jul 2021 11:52:18 PDT
  • Throw the Book at Them: Why the FTC Needs to Get Tough with Influencers

    • Authors: Christopher Terry et al.
      Abstract: The Federal Trade Commission is an administrative agency that has traditionally been aggressive when deploying its delegated authority. At the core of these actions is the FTC’s interpretive definition of deception as based upon a reasonable consumer standard. Specifically, the commission has regularly used Section 5(a) of the FTC Act, in tandem with its interpretive definition of deception, as a sword in a variety of contexts, including enforcement actions for deceptive advertising, endorsements, and claim substantiation against a range of industries. These include successfully brought actions or consent decrees obtained in enforcement proceedings against powerful economic entities, including Google and Facebook. Yet, in one area, the FTC has been reluctant to engage in the hard tactics it regularly deploys in other areas. The Commission has struggled to employ a coherent enforcement strategy for deceptive practices by Social Media Influencers. The Commission has taken significant steps towards deception and disclosure enforcement for influencers, including publication of a set of guidelines for disclosure. However, with the exception of a series of warning letters sent to high profile influencers in April of 2017, the Commission has not engaged in a significant enforcement action—choosing instead to launch an inquiry in February 2020 to review the disclosure guidelines. As empirical research demonstrates that consumers do not understand the nature of the influencer process, this Article argues that the FTC should employ a commitment to a robust enforcement stance. The FTC’s failure to “make an example” of high-profile influencers or to take a hardline approach with influencers, as the Commission did with native advertising online, represents a parting with the manner with which the Commissions has traditionally enforced the deception standard in endorsement ads. This departure, this Article argues, is undermining the FTC’s consumer protections.
      PubDate: Fri, 16 Jul 2021 11:52:17 PDT
  • “More than Tangential”: When Does the Public Have a Right to Access
           Judicial Records'

    • Authors: Jordan Elias
      Abstract:  Public accountability requires open proceedings and access to documents filed with the courts. The strong policy favoring access to judicial records creates a presumption against sealing documents without a compelling reason.  The Ninth Circuit Court of Appeals recently held that this presumption of access arises when a proceeding relates “more than tangentially” to the merits. This is a low standard under which many types of motions qualify for the compelling reasons test.  With too much litigation occurring in secret, courts can use the “more than tangential” standard proactively to keep electronic case dockets available to citizens.
      PubDate: Fri, 16 Jul 2021 11:52:17 PDT
  • Preserving Fabled Amateurism: The Benefits of the NCAA’s Adoption of the
           Olympic Amateurism Model

    • Authors: John Kealey
      Abstract: After a century of denying student-athletes from receiving compensation outside the cost of attendance for their athletic contributions to their respective universities, the NCAA finally announced it would change its amateurism rule. The change came in response to multiple class action lawsuits and, more recently, legislation from many states, namely California and New York, which would have mandated that universities do not interfere with student-athletes desire to commercially exploit their own names, image, and likenesses. However, these statutes are potentially flawed in that each could exacerbate or perpetuate the anti-trust and first amendment issues inherent to the current amateurism rule. Further, the NCAA’s proposed change to its amateurism rule includes language limiting the student-athlete’s right to self-monetization in a way that is more restrictive than the proposed legislation. To shift away from the amateurism model, scholars have suggested that the NCAA use the Olympic model as a guide. These suggestions were salient in the aftermath of the O’Bannon and Keller decisions and continue to be in light of the current proposed legislation. This note examines new efforts being made to regulate amateurism in sports and finds them wanting. It then turns to a discussion calling for the NCAA to adopt the Olympic model of amateurism to ensure student athletes finally get a piece of the NCAA’s century long windfall.
      PubDate: Wed, 14 Apr 2021 11:50:45 PDT
  • “A Climate Of Lawlessness”: Upholding a Government’s Affirmative
           Duty to Protect the Environment Using Deshaney’s Special Relationship

    • Authors: Katherine G. Horner
      Abstract: The Industrial Revolution introduced an era of exceptional technological advances. However, it also led to rampant environmental pollution and degradation. The proliferation of toxic pollutants in the air, water and soil has led us to the precipice of an unimaginable future; a future defined by climate change. This Note argues for the use of the special relationship exception, affirmed by the Supreme Court in DeShaney v. Winnebago, in environmental litigation in order to uphold governments’ affirmative duty to protect the environment. As federal and state governments have the sole power to regulate environmental pollution and enforce environmental protections, individuals are left completely dependent on governments to provide for the basic necessities of safe and sustainable water, food, and air. Governments have restrained an individual’s liberty to provide for these basic needs; as such, they should be under an obligation to “fill the gap.”
      PubDate: Wed, 14 Apr 2021 11:50:44 PDT
  • Decriminalizing Prostitution: Embracing the Swedish Model by Removing the
           Mistake-Of-Age Defense from New York’s Stop Violence in the Sex Trade

    • Authors: Carley Cooke
      Abstract: In recent years, New York has re-focused on the widely debated topic of how to best manage and regulate prostitution in the United States. As a state-level issue, the debate presents an invaluable opportunity to re-examine how New York as a society views sex work. The answer in New York focuses on the idea that sex work is real work, where workers should be able to carry out their profession without stigma or fear of arrest. As it stands, the proposed reform largely focuses on decriminalizing both the purchase and sale of sex. This approach contrasts with the legal structure in Sweden, which criminalizes only the purchase or the patronizing of prostitution. The New York proposal still criminalizes patronizing prostitution from a minor but offers a mistake-of-age defense thereto. New York should close this loophole with an eye toward the Swedish model and refocus on strictly enforcing the statute against patrons. Such a solution represents a compromise between legitimizing sex work as a legal avenue toward a livelihood, while simultaneously targeting those who most threaten the safety of sex workers outside of law enforcement: male patrons soliciting sex from vulnerable minors.
      PubDate: Wed, 14 Apr 2021 11:50:43 PDT
  • Community Health Benefits and For-Profit Hospitals: The Need for New

    • Authors: Sarah Colgan
      Abstract: For-profit hospitals and non-profit hospitals fundamentally have two separate goals they wish to achieve. For-profits seek profit maximization, while non-profits, as a result of their federal tax-exempt status, are required to maintain missions dedicated to serving the public and subsequently, the indigent and uninsured. With the passage of the Patient Protection and Affordable Care Act, the goals of the Nation’s health care system began to shift towards more cost effective and high-quality treatment that focuses on providing preventative health care access to all Americans to reach a more health equitable society. This Note offers a dual approach that will help to ensure that the central themes of the Patient Protection and Affordable Care Act are met by both for-profit and non-profit hospitals. Namely, this Note proposes incentivizing for-profits to participate in the health equity goals of the healthcare system by conditioning two important sources of state funding and regulation, Medicaid and a Certificate of Need, respectively, on the completion of a Community Health Needs Assessment.
      PubDate: Wed, 14 Apr 2021 11:50:42 PDT
  • The Hunt for Loot: Proposed Solutions to More Effectively Regulate
           Addictive Gambling Mechanics in Video Games

    • Authors: Andrew Brewer
      Abstract: Over the past decade, more and more video game developers have embraced “loot boxes” as a lucrative source of revenue. But recent concerns over the potential harms of loot boxes, particularly to children, have raised questions about their use and prompted attempts to regulate them throughout the world. This Note explores recent attempts—both foreign and domestic—to regulate loot boxes and proposes new solutions based on those strategies’ shortcomings. By carefully and competently defining terms and exceptions, and providing for more aggressive oversight of agency regulatory efforts, federally-crafted loot box legislation can more effectively protect children from predatory gambling mechanics in video games.
      PubDate: Wed, 14 Apr 2021 11:50:41 PDT
  • Emergency Removals Without a Court Order: Using the Language of Emergency
           to Duck Due Process

    • Authors: Jane Brennan
      Abstract: For a brief moment during the recent September democratic presidential debate, the ugly underbelly of the child welfare system unexpectedly took center stage. When asked about what responsibility Americans need to take to repair the legacy of slavery, the former vice president responded by propagating a myth that Black parents do not know how to parent. Former Vice President Joe Biden said “[w]e bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t—they don’t know quite what to do.” What exactly is it that these Black parents do not know to do' More importantly, why is this a justification for interference with a family' This statement and sentiment highlights the ways in which the child welfare system was designed, and the racist assumptions and myths that allow it to continue operating. Dorothy Roberts, a law professor who has studied foster care systems in the United States and its effects on Black family notes, “[i]f you go into dependency court in Chicago, New York, or Los Angeles without any preconceptions, you might conclude that the child welfare system is designed to monitor, regulate and punish Black mothers.” Given the widespread inequities built into state organized child welfare systems, revising existing federal law is the most efficient, short-term solution to ensure that children are not unnecessarily removed from their families.
      PubDate: Wed, 14 Apr 2021 11:50:40 PDT
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