July 18th, 2009 at 10:19pm
Under Entertainment Law
Raleigh, N.C.-Rosen Law Firm, one of the largest divorce firms on the East Coast, now offers its clients and their children a new therapeutic resource, Earthquake in Zipland by Zipland Interactive Ltd. It’s the first research-based psychological computer game aimed at helping children ages 7-13 cope with divorce.
“We’ve already worked with several clients who’ve used the game with their children,’’ says Lee Rosen, a board certified family law specialist and president of Rosen Law Firm. “ When parents split, they often find themselves in challenging situations on how to communicate with their kids and Earthquake in Zipland provides them with a unique tool.”
Through the main character, Moose, the game takes children and their parents on an interactive, exploratory quest where they face challenging tasks that uncover emotions including anger, loneliness, and conflicts surrounding loyalty. The game is designed to help children better cope with their parent’s separation through improving their communication skills.
“This is a tool that recently separated or divorced parents can utilize in effectively guiding their children through a smooth transition,” says Jennifer Coleman, life transition coach with Rosen Law Firm and a national certified counselor with a background in marriage and family counseling. “Children will have fun playing this interactive game while addressing some of the emotional issues they face concerning their parents’ divorce.”
Earthquake in Zipland is based on techniques and insights drawn from a variety of fields including clinical psychology, family counseling, and child and divorce/separation therapy.
***
About Rosen Law Firm
Rosen Law Firm has offices in Raleigh, Charlotte, and Chapel Hill. Founded in 1990, the firm is dedicated to providing individual growth and support to couples seeking divorce by helping them move forward with their lives. Our staffs of attorneys and other legal professionals expertly address the complex issues of ending a marriage. Our innovative approach acknowledges that divorce is so much more than just a legal matter. Practice areas include child custody, alimony, property distribution, separation agreements, and domestic violence relief. For more information visit: http://www.rosen.com
About Zipland Interactive
Zipland Interactive is in the process of developing other high quality edutainment computer games, aimed at helping children deal with common emotional and psychological issues in day to day life. The combination of the two different fields within the group – psychology and game play – has helped to produce a unique approach that is both entertaining and effective. For more information visit: http://www.ziplandinteractive.com
Rosen Law Firm
4101 Lake Boone Trail Suite 500
Raleigh, NC 27607
www.rosen.com
Divorce is Different Here
By Law Article
July 17th, 2009 at 04:19pm
Under Entertainment Law
Rosen Law Firm
FOR IMMEDIATE RELEASE
April 26, 2007
PRESS RELEASE
Contact: Alison Kramer, 919-459-8157, akramer@rosen.com
Rosen Law Firm Offers Clients Research-Based Psychological PC Game for Children
Raleigh, N.C.-Rosen Law Firm, one of the largest divorce firms in the state, now offers its clients and their children a new therapeutic resource, Earthquake in Zipland by Zipland Interactive Ltd. It’s the first research-based psychological computer game aimed at helping children ages 7-13 cope with divorce.
“We’ve already worked with several clients who’ve used the game with their children,’’ says Lee Rosen, a board certified family law specialist and president of Rosen Law Firm. “ When parents split, they often find themselves in challenging situations on how to communicate with their kids and Earthquake in Zipland provides them with a unique tool.”
Through the main character, Moose, the game takes children and their parents on an interactive, exploratory quest where they face challenging tasks that uncover emotions including anger, loneliness, and conflicts surround loyalty. The game is designed to help children better cope with their parent’s separation through improving their communication skills.
“This is a tool that recently separated or divorced parents can utilize in effectively guiding their children through a smooth transition,” says Jennifer Coleman, life transition coach with Rosen Law Firm and a national certified counselor with a background in marriage and family counseling. “Children will have fun playing this interactive game while addressing some of the emotional issues they face concerning their parents’ divorce.”
Earthquake in Zipland is based on techniques and insights drawn from a variety of fields including clinical psychology, family counseling, and child and divorce/separation therapy.
***
About Rosen Law Firm
Rosen Law Firm has offices in Raleigh, Charlotte, and Chapel Hill. Founded in 1990, the firm is dedicated to providing individual growth and support to couples seeking divorce by helping them move forward with their lives. Our staffs of attorneys and other legal professionals expertly address the complex issues of ending a marriage. Our innovative approach acknowledges that divorce is so much more than just a legal matter. Practice areas include child custody, alimony, property distribution, separation agreements, and domestic violence relief. For more information visit: www.rosen.com
About Zipland Interactive
Zipland Interactive is in the process of developing other high quality edutainment computer games, aimed at helping children deal with common emotional and psychological issues in day to day life. The combination of the two different fields within the group – psychology and game play – has helped to produce a unique approach that is both entertaining and effective. For more information visit: www.ziplandinteractive.com
Rosen Law Firm
4101 Lake Boone Trail Suite 500
Raleigh, NC 27607
www.rosen.com
Divorce is Different Here
By Law Article
July 17th, 2009 at 04:09pm
Under Education Law
Dear Mr. President: Your education platform was filled with noble generalities. I suppose you thought you couldn’t get more specific because the No Child Left Behind Law is increasingly unpopular and unworkable, and there is no agreement about how to fix it. It is an issue that doesn’t lend itself to sound bites. To fix NCLB, you must first understand the skills that matter most in the 21st century and the ways in which the NCLB law is actually getting in the way of more meaningful accountability. And then you must invest in accountability “version 2.0.” Problem: Too few students are graduating from high school. The ones who do lack the essential skills they need for college, careers, and citizenship. Nearly one third of our students do not graduate from high school. This problem is not more widely known because states are not held accountable for improving their graduation rates. Additionally, states use different formulas for calculating their districts’ high school graduation rates, and almost all of them significantly overstate the numbers of students who graduate. Florida, for example, claims a seventy percent graduation rate, but the reality is closer to fifty-five percent. The majority of the students who do graduate from our nation’s public high schools are unprepared for college and the workplace. In the 21st century, the skills needed for careers, college, and citizenship have converged: Critical thinking, creative problem-solving, collaboration, and effective communication have become far more important than mere memorization and factual recall. However, at the high school level, states continue to test low level content knowledge and factual recall through multiple choice tests, and a passing score in even the most “rigorous” of these tests, such as the Massachusetts MCAS test, does not mean students are career and college-ready. Forty percent of the students who pass MCAS need remediation in college. Nationally, one out of every two students who starts college never completes a degree, and the main reason for this poor completion rate is students’ lack of college-level skills, not lack of subject content knowledge. Similarity, employers complain that most new employees lack proficiency in the “new basic” skills outlined above. Solution: The Department of Education should hold schools and districts accountable for their graduation rates and assess the skills that matter most. The Department of Education should require all school districts and states in the U.S. to report their high school graduation rates according to a common formula. To ensure that schools teach the skills that matter most, the Department of Education should “audit” school districts’ performance by testing representative sample populations of students with assessments that measure the most important skills. For example, the College and Work Readiness Assessment measures high school students’ analytic reasoning, critical thinking, problem-solving, and writing skills and compares them to the scores of freshmen in 250 colleges. (www.cae.org). Scores from tests like these will tell us whether our country is making progress in increasing the percentages of students who leave high school “college and work ready.” Scores of subgroups of students would be reported, as they are under the current law, to ensure that districts teach all students new skills. To create greater accountability, the Department of Education should issue and widely publicize an annual “report card” for every school district in the country. This short document would simply report the percent of students who graduate and the percent who graduate college-ready by subgroup. Transparency is a far more powerful way to create greater accountability than are the largely meaningless threats in the current law. States would then have the responsibility to develop strategies for helping their under-performing districts to improve. Problem: The accountability measurements for Adequate Yearly Progress incents states and districts to create a boring, dumbed-down, test prep curriculum, and there is no common standard for “proficient.” One major problem with the NCLB law is the unrealistic expectation that every school will improve the number of students who score “proficient” by a certain percent every year until 100 percent of the students in the nation are proficient by 2014. This expectation leads to two widespread practices: 1) Many states, like Mississippi and Wisconsin, create easy tests where the standard of “proficiency” is such a low bar that most students can pass; 2) To ensure that more students pass state tests, districts require teachers to teach the test content and give frequent practice tests, leaving no time for more interesting or enriching learning opportunities. Increasingly in this country, what gets tested is all that gets taught. The second major problem with the law is that it allows the standard of “proficiency” to be set by each state. So there are, in fact, fifty different standards of proficiency in this country. For example, students in Mississippi, who have traditionally been among the least literate in this country, are more “proficient” in reading than students in Minnesota, according to the two states’ test scores. Because the states’ standards vary so widely, their test scores tell us absolutely nothing about what students really know and can do. Solution: Create a national high school writing test, benchmark districts’ and states’ yearly progress to a common international standard, and make the unit of accountability the district, rather than individual students. Lack of writing skills is the number one complaint of both employers and college teachers. However, many states are no longer testing writing because they are not required to, and writing tests are expensive and time-consuming to score. To the extent that some states, like Massachusetts, test students’ writing, it is by requiring high school students merely to write a five paragraph essay. The solution is for the federal government to administer a two hour writing exam to demographic sample populations of eleventh graders in all states, as is done in many European countries. The essay question for the writing exam would be based on a major event or document in American History. For example: “Discuss the causes of the civil war and the ways in which these causes continue to influence current events in this country;” Or, “Which of the first ten amendments (which would be reproduced on the test) do you think is most important for a strong democracy and why.” The second solution to the lack of common standards is to use the Program for International Student Assessment (PISA) test results as the benchmark for progress in states’ education improvement efforts. American students are significantly outperformed by students in most other industrial nations, in part because the PISA tests require very little recall of information and much more application of knowledge to new problems. These are the skills that matter most in the real world, but they are not ones our students learn in their multiple choice world. The incentive for states to improve their education outcomes is economic. States and school communities that have very low PISA scores, which would be widely publicized by the Department of Education, will not attract or keep businesses that demand all employees have 21st century skills. Finally, in order for states to be able to afford much higher quality tests, like the CWRA and PISA, they should no longer be required to test every student every year. State and district accountability can achieved by testing sample populations of students every year — a kind of educational audit. To do well on such tests, districts and schools would need to create local assessments for every student that were aligned with the new state and national tests. Each teacher would be regularly assessing all of his or her students to ensure that students who might be among those randomly chosen for the state and national tests would be well-prepared. Accountability 2.0 would focus schools and districts on preparing students for meaningful assessments which measure the skills that matter most in the 21st century. To prepare for these new tests, all students would be taught how to write, reason, analyze, pose thoughtful questions and solve problems. In short, they would learn the skills they need for college, careers, and citizenship, and they would be engaged in challenging and interesting work in their classes. Doing anything less that a version 2.0 of our accountability system puts our students’ and our country’s future at stake. ©2008 Tony Wagner
Tony Wagner is the co director of the Change Leadership Group at the Harvard Graduate School of Education. His most recent book, The Global Achievement Gap: Why Even Our Best Schools Don’t Teach The New Survival Skills Our Kids Need — And What We Can Do About It, has just been published by Basic Books. Tony can be reached through his website:
www.schoolchange.org
By Law Article
July 16th, 2009 at 10:38pm
Under Family Law
Every family is unique in their own way. Some families are large while others are very small. Some families seem to be perfectly functioning, happy units, while others can not seem to function no matter what they do and are always at odds. No matter which type of family you belong to, if things begin to go wrong, you will likely want some help in figuring out what you need to do to get things resolved and move on with your life.
A family law attorney is a professional that specializes in matters when things go wrong in a family. This type of attorney can help out with any number of issues that you may be going through so it might be a good idea to just schedule an appointment with them to discuss the issues that you are dealing with and to see if they can be of any assistance.
One issue that a family law attorney can help out with is if you are a parent and you are fighting with the other parent for custody of your children. This type of battle is often very personal for everyone involved and can become highly emotional. With this, you might be thinking of representing yourself but it might not be the best route to take especially if you do not feel that you can keep your emotions in check throughout the hearing.
Another time that a family law attorney might be of use to you is if you and the other parent of your children are trying to figure out support payments. These types of cases are also highly emotional because you are battling over the well being of your children and how much one parent is going to pay and how much the other parent will need to receive each month in order to cover the costs of raising the children.
Again, there are many more instances where a family law attorney can be of immense help to you if you are dealing with family issues so you might want to make an appointment with one if you do not think that you can handle the situation on your own or if you need advice on how to proceed from the point that you are at. They will likely have a great deal of advice on how you should proceed and will give examples of how they can help you out along the way.
By Law Article
July 15th, 2009 at 10:20am
Under Entertainment Law
In today’s society we know that the moral fiber of our communities is in peril. Why then, do we not protect our children? We have a responsibility to safeguard our most vulnerable; instead, we prematurely catapult them into a world they are not mature enough to handle and destroy their innocence.
Frequently, I am asked by parents and friends of aspiring “stars” to offer my opinion about getting their child into show business. Recently my publicist, Marsha Friedman, President of Event Management sent me the following question:
“…After the performance I spoke with her mom (who was in tears the whole time) about their incredible daughter and her future. Their daughter’s dream is to be on stage singing professionally…I said I would forward some information to you – to get your thoughts.”
After much contemplation, I wrote to the parents (excerpt):
“No matter how strong your daughter or your dream is, wait until she is 18 to try for stardom. She is already doing what she most wants, and that is to be on stage. Once she is 18 and you are ready for her to sell sex to other teenagers and older men in their 20’s – 60’s, she will be better equipped to handle the response, as you will be also…”
These words may strike you as unnecessarily candid, and perhaps a touch vulgar, but the reality is that most parents and children do NOT dream of just “being on stage.” If that was the sole requirement for their happiness, then local stage performances (a much safer avenue) would satisfy their dream. Since the child may already be doing that, there would be no more questions as the goal would have been achieved. Sadly, the aim as stated is wrong. What the parents and child really want is stardom, without knowing the cost.
They focus on the Hollywood dream and convince themselves that the path to stardom will be a romantic ride. The fantasy is filled with adoring fans, endless wealth, eternal fame and glamorous travel. This illusion inevitably fades, and what remains is disappointment, heartache, bills and endless travel (in less than desirable circumstances). More ominously, some of the “adoring fans” may actually be obsessed with the child, to the point of danger. This should not be entirely surprising as the child is being sold to look like the American male fantasy of an adult woman.
Many people reading this article will be convinced that I am wrong, or at least exaggerating. I ask you to consider the last time you saw a child “star” that looked like a child in their videos? The typical images are a 15 year old Britney Spears, a 14 year old JoJo, or a 13 year old Leanne Rimes
When Spears came into the public eye, she was dressed like a Catholic school girl, seducing the audience with, “Ooh, baby baby.” Leanne Rimes was dressed in a black satin outfit singing, “How Do I Live Without You.” (It should be noted that her ‘look’ would be considered tame by today’s standards.) Why are they dressed this way? Frankly, the music industry sells sex, sex sells.
These girls (although Leanne and Britney are now adults) are talented and beautiful, yet they are strategically packaged to entice older men. The fans who are young teenage girls don’t care whether the artists are sexy when they purchase music. However, continually seeing their idols dressed seductively has made them aware of sexuality and they want to dress the same way. This contributes to the cheapening of children’s values and image, and the cycle continues.
Recently, I was running on the treadmill at the gym when I was stunned by what I saw on one of the news channels. It was a feature about a modeling contest for children limited to those twelve and under. The winner would receive a one million dollar modeling contract, which of course sounds amazing! However, as the clip continued, mouths dropped throughout the gym. Three girls (under 12 – contest requirements) dressed in skimpy bikinis were being drenched with water and gazing at the camera like they wanted to seduce each man watching. If the girls were twenty-five, aware of what they were doing and, as adults, making their own decisions, I wouldn’t think much about it. However, the participation of twelve year olds is horrifying. Child pornography is universally condemned and pedophiles treated with not only revulsion, but the full force of the law. Doesn’t this fall under the same category, just corporately condoned?
In my opinion, prostituting children in this manner is perpetuating child pornography in a purportedly “legal” manner. This practice needs to be stopped. While the music industry to date, has not participated in such an extreme level of exploitation of children, I still believe that children should be kept out of the music industry on a professional level until they are at least 18. Even with the strongest family support possible, they are not emotionally equipped to handle the issues that will inevitably emerge. Realistically, however, I know that children will continue to be signed and sold long before their eighteenth birthdays, let me offer some practical advice.
1. From a financial perspective, learn the business inside and out. You MUST know: Who gets what and why? How much was made or lost? What is the bottom line? If you don’t make this a priority, you will join the host of famous artists who have been forced to claim bankruptcy.
2. Put together a dazzling press kit. People receiving the kit must be enticed into opening the package, so you will have to present your child in their best light. The demo must be well produced and include four of your child’s best numbers. Keep in mind that each song will be listened to for about fifteen to thirty seconds before moving on to the next piece. It’s possible to make a pretty impressive demo on your own for about two thousand dollars, including pressing. Don’t fall victim to the scam of someone guaranteeing stardom for your child with a professionally cut demo if you simply write a ten thousand dollar check.
3. If possible, establish a track record of sales BEFORE any contact with recording labels. (Get your CD listed on Soundscan.) You’ll have greater bargaining power if you know your product value prior to negotiating.
4. If a label finances the recording of a CD, it is a loan, NOT a gift, and must be paid back. The recording industry is a business, not a charity. Beware of becoming competitors insurance. If you fall into that trap, you may lose everything. (I detail all of this in my book, The Indie Guide to Music, Marketing and Money.)
5. The phrase is, accurately, “Show Business,” and your child must be prepared to put on a “show,” just as you and they need to learn the “business.” Britney Spears, Christina Aguilera, Madonna and Justin Timberlake are great examples of how this is done and the work involved to sustain sell-out crowds.
6. Provide acting, vocal and dance lessons for your child, and register them for writing classes. Writers currently receive 8.5 cents per song on a CD, while the artist generally receives one point per album. Writers make the most money, with little or no initial investment. Make sure you understand how to legitimately copyright music. The aptly named ‘poor man’s copyright’ won’t hold up in court.
7. Avoid anyone stating that for an upfront fee, they can make your child a star. Managers and agents get paid a percentage in the range of 10-20%. Managers usually receive 10-15%, while agents receive 15-20%. You also need to know and understand the difference between managers and agents. Similarly, lawyers shopping a deal for your child on his/her own volition will take a percentage of the contract. (Lawyers that you hire on your own request must be paid up front.)
8. Marketing and promotion are imperative and can be very expensive. Labels have access to promotion capabilities that most individuals cannot afford. However, there is no limit or cost to imagination, so be creative! Affordable promotion can be attainable.
9. Develop personal relationships with contacts at the labels. Once you get to know people, they may offer you a special code to put on the outside of your package which signals to the front desk that your package is requested. (simply writing “material requested” on the outside of the package will not work) DON’T submit anything without permission; most throw unsolicited press kits in the garbage and a few return them unopened. Warner Brothers sends a nice note referencing legal concerns, while Disney sends a nicer more detailed note explaining their policy around copyright laws. Don’t waste valuable product and time.
Currently, many people are considering the ‘American Idol’ route, while forgetting that only one person in the 22 million that showed up for auditions last year actually made it.
One last note: Label representation can be an awesome thing, but you must know the business first! There is much more detailed and valuable information in my book, “The Indie Guide To Music, Marketing and Money” ISBN 978-0-9746229-4-1. I wish you the best of luck in your endeavors.
By Law Article
July 13th, 2009 at 04:09pm
Under Education Law
As California’s financial debt, overcrowding and budget cuts eat away at the quality of education being given to students in California, and as the number of families grow who feel they can give their children a better education than is given in public schools, and without the influence of bullies and other disruptive elements in their children’s lives, there is now a significant number of children being homeschooled in California. California education lawyers and education attorneys throughout the State of California have been aware of this large segment for some time now in California.
From Palm Springs to Palm Desert, San Diego to Orange County, from El Cajon and Chula Vista to Anaheim, Irvine, Newport Beach, Santa Ana and Anaheim, from Santa Barbara, Ventura, Santa Maria and San Luis Obispo to Yorba Linda, Rancho Cucamonga, Moreno Valley, Ontario, Fontana and Fullerton, from Riverside and San Bernardino to La Quinta, Indio and Coachella, the number of children being homeschooled has created a significant number of households in California.
Therefore, when in February 2008, a California court ruled that unless one of the parents of a homeschooled child had a credentialed teaching degree, their children being taught at home were truant, it shocked the families of these homeschooled children.
This ruling was thought to affect 200,000 kids in the State of California. Protests were raised from parents of these children to the Governor of the State.
On rehearing, the same judges made an equally stunning reversal of their opinion. Judge H. Walter Croskey, of the Second District Court of Appeal in Los Angeles wrote that so long as parents declare their home to be a private school, they can continue to homeschool their children, even without credentials.
Parents, especially Christian parents of homeschool children and homeschooling associations hailed the decision. Governor Schwarzenegger perhaps naively expressed his hope that this might settle the issue once and for all.
However, in his decision on the issue, Judge Croskey noted that while California impliedly allows parents to homeschool, California currently has no enforcement mechanism. He said, given the State’s compelling interest in educating its children, and the absence of an express statutory and regulatory framework for homeschooling in California, additional clarity would be helpful.
Parents of homeschooled children should realize that Judge Croskey’s opinion is an invitation to legislators to create statutes and regulations in this area as well as a mechanism to enforce the rules they set for homeschooling.A
s a lawyer who must constantly read new laws, parents should know too that wherever there are legislators, they are busy creating new regulations.
Governor Schwarzenegger’s hope notwithstanding, the court’s ruling did anything but abdicate the right to make further rulings. After first holding against homeschooling and then completely reversing course and admitting that it did so simply on an implied allowance by the State to allow it, the next court to review the subject could very well rule completely differently.
For the moment, however, parents teaching their children at home can breathe a sigh of relief. How long that relaxed atmosphere will last, however, will yet be up to the courts and the state legislature.
If you have an education legal matter of any kind, we have the knowledge and resources to be your Moreno Valley Education Lawyers, and Chula Vista Education Attorneys. For this reason, be sure to hire a California law firm with education lawyers who can represent you from Palm Springs, Rancho Cucamonga, Orange County, San Luis Obispo, Laguna Beach, Newport Beach and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, El Cajon, San Bernardino, Santa Barbara, Temecula, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.
If you have an education legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.
Visit our website at
http://www.sebastiangibsonlaw.com if you have an education legal matter of any kind. We have the knowledge and resources to represent you as your Moreno Valley Education Lawyer and Chula Vista Education Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo, Cambria and Santa Barbara.
By Law Article
July 13th, 2009 at 01:06am
Under Juvenile Law
The passage from the old to the new ; from the regime of vengeance and deterrence, operating through the base passion of fear, to that of social protection and individual reformation, naturally finds its most complete expression in the treatment of juvenile delinquents. We say ” naturally ” because this innovation, which is of distinctly modern growth and has leaped into almost universal favor, bears all the earmarks of the scientific thought that is gradually dominating the age and that this work endeavors to expound. With this, therefore, we conclude our examination of the crime problem.
The juvenile laws are, in reality, an extension of the probation principle, first embodied in the laws of Massachusetts. Judgement is suspended, and the offender, with the co-operation of the probation officer and other agencies at the command of the juvenile court, is given a chance to reform. Separate trials for children were instituted first in Massachusetts and New York, but Illinois, by a law that went into effect June I, 1899, was the first state to install the juvenile court as we have it today.
In the agitation for this reform women’s organizations have played a most conspicuous part, and the entire movement doubtless should be regarded as part of that greater social revolt which is protesting against the immolation of child life on the altar of commercial greed ; which, keenly alive to the fatal effects of the slum environment, is establishing city playgrounds throughout the country, and is manifesting itself in many other directions, such as the increasing attention paid to the treatment of defective children, the insistence that children need recreation and substantial food more than they need discipline and book learning, and so forth. In fact we shall find that the leading administrators of the juvenile court laws lay far greater stress on the spirit in which they are administered than on the actual text. The entire movement, which, we repeat, has spread with extraordinary rapidity, is the outcome of a revolt of the spirit ; of the strictly modern, scientific conception that it is absurd to punish offences that are the inevitable effects of well ascertained causes.
Within ten years thirty states passed laws providing for ‘the application of the probation principle to juvenile delinquents’.
No one can speak with greater authority on this subject than does Judge Ben B. Lindsey, of the Juvenile Court of Denver, Colo. Incidentally it may be remarked that a most suggestive tribute to the high regard in which the juvenile laws, and Judge Lindsey’s administration of them, are held was furnished by those who are, of all others, the most competent critics. Despite Judge Lindsey’s protest the Denver boys worked as a unit for his re-election, which upset all the prophecies of the political wiseacres who had declared his success impossible.
Malcolm Blake is strongly opposed to cruel treatment of prisoners. He is also concerned with the civil rights of the innocent, and believes that only in an age of openness can we guarantee our survival. His article about the
reverse number look up shows how to run a background check.
By Law Article
July 12th, 2009 at 09:01am
Under Divorce Law
Divorce is a complex area of the law, and one that varies depending on the jurisdiction in which the case is being hears, which is usually the jurisdiction of domicile for the defender or defendant in the given action. Whilst no two sets of divorce laws are identical across jurisdictional borders, most abide by certain general principles and overarching rules that should be considered when embarking on pre-divorce haggling and the court process itself, wherever you live, to avoid any dissatisfactory outcome or to prevent disappointment following the court order when it is finally granted at the end of the case.Grounds For Divorce
Most jurisdictions require that before a divorce can be sanctioned, there be a reason for the divorce that is both legally valid and accepted. Common grounds for divorce include adultery, the commission of a crime against the other spouse, or more commonly some general provision about the unworkability of the marriage, whether as a result of a gradual deterioration in personal relationships or simply as a result of a significant row or fight. Of course where this is disputed the court will look into the matter and rule accordingly, although most jurisdictions do now have some form of general, uncontestable provision like a simple ‘breakdown of marriage’ clause.Length Of Marriage
In most instances there will be a minimum default length of time marriages must run for before a divorce can be sanctioned. Whilst in certain occasions there are no minimums, most jurisdictions impose a two year rule, or a five year rule, by which the court must abide in granting any decree of separation. This is designed to protect the sanctity of marriage to at least a certain degree and to ensure that people do understand prior to getting married that there is a legal tie-in period, on public policy grounds. However this area of divorce law in particular is rapidly changing, and may ultimately find itself out of favour worldwide. Fairness
In terms of any settlement there is usually an overriding principle of fairness adopted by the courts in working out who gets what. Of course there may very well be strict legal rules as to what is decided but, particularly in common law systems, there is an overall consideration of what is fair on both parties and what is just or equitable given the circumstances of the split. Obviously as an area of personal life, the courts will look to attempt to gain the best possible ground for both parties, even where one party is staunchly opposed to the other gaining any ground whatsoever. For this reason it’s probably best to save everyone the hassle and agree on something that is objectively fair from the outset.Division Of Property
Of course, one of the major issues arising from divorce is that of division of property. Whilst it is different in each jurisdiction, the higher earner or higher net wealth spouse can expect to lose out overall to the other spouse, provided there have been no pre nuptial agreements drafted to the contrary. As a result, it’s again probably best to go for an out of court solution if you think this may end up affecting your financial health.
By Law Article
July 10th, 2009 at 08:53pm
Under Child Custody
What is child custody?
Child custody and guardianship refers to the practical and legal relationship between a parent and his child, which includes caring and making decisions for the child. The concept of the terms ‘custody’ ‘access’ or ‘visitation’ have now been replaced by ‘residence’ and ‘contact’. Instead of the courts stating that a parent has ‘custody’ of a child, the child is now being said to ‘reside’ with that parent.
Child custody is an issue that typically rises from incidents such as divorces, annulments and legal actions that involve children. Common statutory provisions state that the child born within a marriage will get the joint guardianship of the parents and the right of either parent to the child’s custody after their separation is equal.
However, the issues involving residence and contact will be determined based on what the courts see as the most positive for the child’s interests. In fact, legal professionals are already referring to custody and visitation as ‘parenting schedule’ in order to remove any negative connotations about the distinction between the parent who gets child custody and the parent who does not.
Who decides?
Most laws regarding child custody are state laws. In case of a divorce, it is the court which has jurisdiction over the proceedings who will determine which parent or guardian gets child custody. In most cases, parents with children under 18 years of age will be required to file for custody in case of divorce or annulment. For children under 21, both parents will be mandated to provide support following the Child Support Standards Act.
Who gets custody?
Child custody is determined on the basis of what the court deems ‘in the best interests’ of the concerned child or children. In cases of parents or guardians separating, the court will decide on which parent will be better able to provide for the child’s needs. Child custody proceedings are child-centered and the standards for custodial awards are designed for the protection of the child.
As long as there is no evidence of misconduct on the part of either parent, their rights to child custody are considered equal. For this reason, the parent’s history, mental state, financial capability and relationship with his or her child will be considered when the court has to make a decision.
In the case of married parents filing for custody or divorce, legal custody of their child or children will be automatically shared between them, albeit temporarily. Sole legal custody to one parent will only be awarded if the court finds evidence that it is really for the child’s best interests.
The court may also schedule specific periods to be followed by both parents, depending on the needs of the child. Older children and those in their teens may need longer time spent with each parent and don’t require frequent shifts between guardians. Younger children, on the other hand, may need shorter and more frequent periods spent with each parent.
Issues that may affect a parent’s request for child custody
Some issues will be considered by the court as evidence that a parent is unfit to have custody of his or her child, including use of alcohol, drugs and illegal substance, mental disorder, desertion, unwillingness or inability to participate in the child’s care and family abuse.
Both past and present evidences of abuse or neglect will be considered by the courts to determine which parent is best suited to have custody of the child. However, this presumption is rebuttable and the abusive parent may challenge it in the court if he or she so wishes.
For a child with unmarried parents, it is the mother who automatically gets custody unless a family court decides otherwise. If the court finds evidence that the parents can perform joint responsibility and can both provide for the child’s best interests, both parents (if they agree) may be awarded with shared physical or shared legal custody.
By Law Article
July 10th, 2009 at 06:18pm
Under Adoption Law
Family Law – Adoption
The concept of adoption refers to the act by which an adult formally become the guardian of a child and thus incurs the rights and responsibilities that come with being a parent. It is a formal legal process in which a legal relationship between a child and guardian is formed. This legal relationship means that the adopted child becomes the legal heir of the adopter and terminates any legal rights that were in existence with the child’s natural parents.
There is a lot of law surrounding adoption and the laws surrounding it often change depending on which state you live in. An example of this is the fact that depending on your state and jurisdiction you may have no options open to you when it comes to the type of adoption that you opt for. There are two types of adoption, which are open and closed adoptions. Open adoptions enables a child’s birth mother to select her child’s adoptive parents. A closed adoption means a child’s birth mother gives up all of her rights over the child, which allows a state administration agency to conduct the selection process. Depending on your state you can choose which of these methods of adoption you wish to opt for but in other states you will be dictated on what method of adoption you will have to go through.
If you are hoping to adopt a child then it is important that you comply with adoption laws. These laws are generally subject to state laws and regulations. State adoption laws are primarily comprised of laws from two sources, State statutes and State case law but what is the difference between the two? Well state statutes are provisions that are enacted by state legislatures that regulate the subject matter of an issue. State case law however consists of rules of law that come from the written decisions of judges who hear and decide litigation within that jurisdiction.
The one aspect of adoption that people always seem to get confused about is the fact that people always seem to think that in order to adopt you need to be with an adoption agency. In some cases this may be the best thing to do as you have the help and support of people who are experienced and trained in all aspects of the process but you don’t have to opt for an adoption agency. You can go through the process of an adoption through contact with the child’s biological parents; this is known as independent adoption. What happens in these cases is that the natural parents of the child take on the responsibility of finding suitable adoptive parents. Often, the natural parents will place the child in the prospective adoptive parents’ house for a trial period without the natural parents having given up their rights.
The process of an adoption cannot be finalized unless the court makes an official finding that the individual is acceptable as an adoptive parent. The court must pass an investigatory report that has been submitted by the state agency that states an individual is suitable for becoming an adoptive parent. These reports are often very detailed and will include an individual’s religious background, social history, financial status, moral fitness, mental and physical fitness, and criminal background.
I feel to stand the best chance of gaining court approval for your adoption you need to enlist the help of an adoption agency as they will be able to provide you with all of the information, experience and skills that are needed for you to successfully seal your adoption. They will be able to advise you and guide you through the entire adoption process. I feel that they will help you through the adoption process so that it goes smoother and quicker.
By Law Article