scholarly journals A Clean Slate for Texas Foster Youth

2018 ◽  
Vol 4 (4) ◽  
pp. 297-325
Author(s):  
Madison Howard Churchman
Keyword(s):  
Foster Care ◽  
Foster Youth ◽  
State Level ◽  
Pilot Project ◽  
Identity Theft ◽  
Federal Legislation ◽  
Policy Recommendations ◽  
Federal Law ◽  
State Legislation

This Article will compare how Texas and other states implement this federal law differently and then discuss how Texas can improve its flawed system to better protect children negatively affected by identity theft. Section II of this Article will introduce and explain M.D. v. Abbott and the changes in Texas foster care on the horizon as a result of this case. Section III will introduce and delve into the issue of identity theft in foster youth as a whole, and it will tell the story of one foster youth who faced the results of identity theft. Finally, the Section breaks down how identity theft occurs and what the lasting effects are. Section III will discuss the federal legislation created as a response. Section III also includes a case study on California’s pilot project response that was initiated prior to the federal legislation, and looks into how Texas applies federal legislation and partners it with state legislation. This Section looks at both the strengths and weaknesses of state and federal responses to child identity theft. Section IV will introduce four state-level policy recommendations to assist Texas in resolving identity theft issues for youth in foster care. By implementing a holistic, multi-step approach beginning when the child initially enters foster care, particularly in light of the major foster care reform posed by M.D. v. Abbott, Texas will lead the country and serve as an example to other states in resolving this pressing issue. Section V will include conclusions from the content discussed in this Article.

scholarly journals Suspect Spheres, Not Enumerated Powers: A Guide for Leaving the Lamppost

2021 ◽  
pp. 1431
Author(s):  
Richard Primus ◽  
Roderick Hills Jr
Keyword(s):  
Affordable Care Act ◽  
State Level ◽  
The United States ◽  
Federal Legislation ◽  
Federal Law ◽  
National Politics ◽  
Current Century ◽  
Individual Mandate ◽  
Private Corporations ◽  
The Individual

Despite longstanding orthodoxy, the Constitution’s enumeration of congressional powers does virtually nothing to limit federal lawmaking. That’s not because of some bizarrely persistent judicial failure to read the Constitution correctly. It’s because the enumeration of congressional powers is not a well-designed technology for limiting federal legislation. Rather than trying to make the enumeration do work that it will not do, decisionmakers should find better ways of thinking about what lawmaking should be done locally rather than nationally. This Article suggests such a rubric, one that asks not whether Congress has permission to do a certain thing but whether a certain kind of lawmaking is more prone to pathology at the national or the state level. That inquiry could identify “suspect spheres”: areas of policymaking where federal law calls for more justification than elsewhere. Federal legislation within suspect spheres would not necessarily be subject to judicial invalidation, but the judgment that legislation falls within a suspect sphere could underwrite softer forms of judicial resistance to nationalization. We illustrate the suspect-spheres model with a principle of federalism we call the corporate nondelegation doctrine, by which federal delegations of power to private corporations are to be treated skeptically. Early on, that principle animated Madison’s opposition to the Bank of the United States and much of the Jacksonian approach to federalism. It later underwrote the Supreme Court’s decision in Schechter Poultry. In the current century, the idea that the corporate nondelegation doctrine defines a suspect sphere helps explain otherwise puzzling judicial behaviors in federalism cases, including the presumption against preemption and the resistance to the individual mandate of the Affordable Care Act. By illustrating the possibility of a suspect-sphere approach, we suggest a tool that might be useful at a time of destructively polarized national politics, when rubrics for allocating some polarizing issue spaces to state-level decisionmakers might help lower the national temperature.

Foster Youth Perspectives: How Foster Youth Navigate and Mobilize Their Rights within the Foster Care System

2021 ◽  
pp. 016059762199154
Author(s):  
Jessennya Hernandez
Keyword(s):  
Foster Care ◽  
Foster Youth ◽  
Participant Observation ◽  
Legal Mobilization ◽  
Power Dynamics ◽  
Legal Action ◽  
Foster Care System ◽  
Youth Rights ◽  
Care System

This paper explores the grounded realities of how foster youth attempt to improve their own lives by navigating the foster care system. From 2014 to 2016 in southern California, I conducted life history interviews with eight foster youth; interviewed two legal representatives; administered questionnaires to two social workers; and conducted participant observation. Referencing the California Foster Care Bill of Rights and deploying the legal mobilization model, interviews with foster youth focused on their perceptions about rights and how they seek redress for violations to their rights. Their experiences expose the system’s preoccupation with bureaucratic procedures, rather than teaching or acknowledging specific or written rights. Interlocutors aggregately experienced forty rights violations, variously responding with the following modes of action: Doing nothing; Non-Legal action; and Formal-Legal action. In all instances, their knowledge (or lack thereof) about their rights and the foster care system critically informed their actions and revealed their awareness of the power dynamics within the system. This case study centers foster youth perspectives and narratives which are important for identifying effective alternatives that ensure foster youth rights, mobilization for when rights are violated, and ultimately center their voices and power.

scholarly journals Aging out of foster care: The experiences of former foster youth who successfully navigated this transition

2021 ◽  
pp. 251610322110194
Author(s):  
Margot Hedenstrom
Keyword(s):  
Foster Care ◽  
Foster Youth ◽  
Life Experiences ◽  
Study Data ◽  
Aging Out ◽  
Structured Interviews ◽  
Former Foster Youth ◽  
Making A Difference ◽  
Human Costs ◽  
Poor Outcomes

Foster youth face high risks and poor outcomes after aging out of care resulting in great economic and human costs to society. The purpose of the study was to describe life experiences of children aging out of the foster care system from the perspectives of adults who have successfully navigated this transition. Their life experiences during this period provided meaningful information for this study which helped to identify themes. Their perceptions of the periods during and after their transitions were explored to investigate supportive relationships, education, and workplace stability. Phenomenology was used to describe the experiences of nine young adults who had aged out of foster care. Participant ages ranged from 20 to 25 years old. Audiotaped semi-structured interviews were conducted for the study. Data analysis was ongoing throughout data collection. Four themes were identified: (1) “Facing a transition”; (2) “Depending on adults for help”; (3) “Making a difference for others”; and (4) “Moving forward with my life.” These four themes highlighted the participants’ experiences as they aged out of foster care. This study contributes to our understanding of the life experiences of former foster youth who are successful after the transition out of foster care. Recommendations for practice and research are identified.

scholarly journals HEIGHT DETERMINATION TECHNIQUES FOR THE NEXT NATIONAL HEIGHT SYSTEM OF FINLAND - A CASE STUDY

2015 ◽  
Vol 41 (4) ◽  
pp. 145-155
Author(s):  
Timo Saari ◽  
Markku Poutanen ◽  
Veikko Saaranen ◽  
Harri Kaartinen ◽  
Antero Kukko ◽  
...  
Keyword(s):  
Laser Scanning ◽  
Pilot Project ◽  
Satellite System ◽  
Reference Station ◽  
Virtual Reference ◽  
Precise Levelling ◽  
Height Determination ◽  
Weak Points ◽  
Global Navigation Satellite

Precise levelling is known for its accuracy and reliability in height determination, but the process itself is slow, laborious and expensive. We have started a project to study methods for height determination that could decrease the creation time of national height systems without losing the accuracy and reliability that is needed for them. In the pilot project described here, we study some of the alternative techniques with a pilot field test where we compared them with the precise levelling. The purpose of the test is not to evaluate the mutual superiority or suitability of the techniques, but to establish the background for a larger test and to find strong and weak points of each technique. The techniques chosen for this study were precise levelling, Mobile Laser Scanning (MLS) and Global Navigation Satellite System (GNSS) levelling, which included static Global Positioning System (GPS) and Virtual Reference Station (VRS) measurements. This research highlighted the differences of the studied techniques and gave insights about the framework and procedure for the later experiments. The research will continue in a larger scale, where the suitability of the techniques regarding the height systems is to be determined.

Prevent/Control Identity Theft

2012 ◽  
Vol 25 (3) ◽  
pp. 30-60 ◽  
Author(s):  
Mahmud A. Shareef ◽  
Vinod Kumar
Keyword(s):  
Literature Review ◽  
Purchase Intention ◽  
Banking Sector ◽  
Identity Theft ◽  
Operational Performance ◽  
Application Framework ◽  
Management Tools ◽  
And Control ◽  
The Impact

This study provides an application framework toward measures to prevent/control identity theft in conjunction with sources. It also identifies the impact of overall protection of identity theft on consumer trust, the cost of products/services, and operational performance, all of which in turn contribute to a purchase intention using E-commerce (EC). For the first objective, this study proposes a matrix of sources and measures to prevent and control identity theft. From this matrix, using knowledge from a literature review and judgment based on plausibility, the authors identify global laws, controls placed on organizations, publications to develop awareness, technical management, managerial policy, risk management tools, data management, and control over employees are the potential measuring items to prevent identity theft related to EC. A case study in banking sector through a qualitative approach was conducted to verify the proposed relations, constructs, and measuring items. For the second objective, this research paper conceptualizes a model based on literature review and validates that based on the case study in the financial sector. The model reflects the effects of preventing and controlling identity theft on the costs of products/services, operational performance, and customers’ perception of trust, which would lead to purchase intention in EC.

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