Child Rights & Remedies

By Robert C. Fellmeth | Go to book overview

Table of Contents
Table of Cases 13
Acknowledgments 17
FOREWORD BY MARVIN VENTRELL 20
INTRODUCTION 22
Chapter 1 THE UNDERLYING CONTEXT: ACCESS TO POLITICAL/LEGAL REMEDIES 23
INTRODUCTION: REPRESENTATION OF THE LONGTERM PUBLIC INTERESTS 23
A.
CHILDREN AND CAMPAIGN CONTRIBUTIONS 24
Excerpt: The PostBuckley World, by E. Joshua Rosenkranz 25
Note on 2002 Bipartisan Campaign Reform Act 27
B.
CHILDREN, LEGISLATURES, AND LOBBYING 29
1.
Legislative Passivity 30
2.
Structural Problems 30
Excerpt: Everything I'm Telling You is Entirely Legal by Charles Lewis 30
C.
CHILD ADVOCACY AND THE COURTS 33
1.
Children and Standing to Litigate 33
2.
Right to Sue En Masse 35
a.
Legal Aid Actions 35
Legal Services Corp. v. Carmen Velazquez, 531 U.S. 533 (2001) 36
b.
Current Barriers to Class Actions for Children 41
Marisol A. v. Giuliani, 126 F.3d 372 (1997) 42
Castano v. American Tobacco Co., 84 F.3d 734 (1996) 44
3.
Alternatives to Class Actions 50
a.
Public Parens Patriae Suit 50
b.
Use of “Private Attorney General” Status 50
Committee on Children's Television, Inc. v. General Foods Corp., 35 Cal.3d 197(1983) 51
c.
Use of Mandamus 59
4.
Fees and Incentives to Sue 59
a.
Private Attorney General Fees 59
Alyeska Pipeline Service Co. v. Wilderness Society, et al., 421 U.S. 240 (1975)60
b.
The Common Fund Doctrine 64
Lealao v. Beneficial California, Inc., 82 Cal. App. 4th 19 (2000) 65
5.
Constitutional Remedies: Limitations and a Proposed New Amendment 69
6.
Statutorily Implied Remedies 70
a.
Statutorily Implied Remedies 70
Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992) 70
b.
Violation of Federal Standards as a Civil Rights Violation 73
Suter v. Artist M., 503 U.S. 347 (1992) 73

-5-

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