Loyola University Chicago, School of Law: LAW eCommons
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Lessons from the LEAD-K Campaign for Language Equality for Deaf and Hard of Hearing Children
Get PDFThis Article asserts that early intervention under the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) should be amended to recognize the needs of the young child with the disability as primary over the needs of the child’s family. This Article contends that certain requirements of the IDEIA cause early intervention professionals to view and treat the child’s family, rather than the child herself, as the ultimate recipient of support. In many situations, the needs of the family and the needs of the child may wholly align, but that is an assumption that bears questioning. This Article analyzes groundbreaking legislation efforts in the field of deaf education, the Language Equality & Acquisition for Deaf Kids (LEAD-K) campaign, to illustrate a framework that maintains the focus on the primacy of the child’s needs, with support to the family in service of those needs. The LEAD-K campaign has developed model legislation for adoption by states. Since 2016, twelve states have adopted a form of the LEAD-K model bill. There are approximately fifteen more states with LEAD-K teams in various stages of development. This Article highlights LEAD-K for its potential to transform early intervention for deaf and hard of hearing children and uses the LEAD-K model bill to illustrate a flaw in the IDEIA. The IDEIA subsumes the needs of the child within the consideration of the needs of the family, when the child and family should instead be considered as separate (but related) stakeholders. This Article seeks to apply lessons from the LEAD-K campaign to early intervention services under the IDEIA to facilitate more informed decision making by families.
While first considering the needs of deaf and hard of hearing children, this Article contends that a framework shift that identifies the needs and goals of the child separately from the needs and goals of her family would be beneficial to all children receiving early intervention services. This Article therefore calls for an amendment to the IDEIA to require that the child’s program of services includes a written statement of the expectations for the child to attain by the end of early intervention. Currently, no such requirement exists. The expectations would be accompanied by a statement of how the measurable goals and outcomes (an existing requirement under the IDEIA) serve these expectations. This Article also suggests an alternative proposal, specifically for deaf and hard of hearing children receiving early intervention services, requiring the early intervention team to consider the child’s language needs. This Article addresses anticipated counterarguments to the proposals, including claims that the proposals fail to recognize the importance of family autonomy and authority. This Article contends that the proposals set forth herein would facilitate better information sharing by early intervention professionals, leading to more informed decision making by families of young children with disabilities
Immigration Unilateralism and American Ethnonationalism
No full textThis essay places the Trump administration’s immigration and refugee policy in the context of a resurgent ethnonationalist movement in America as well as the constitutional politics of the past. In particular, it argues that Trumpism’s suspicion of foreigners who are Hispanic or Muslim, its move toward indefinite detention and separation of families, and its disdain for so-called “chain migration” are best understood as part of an assault on the political settlement of the 1960s. These efforts at demographic control are being pursued unilaterally, however, without sufficient evidence there is a broad and lasting desire on the part of the people to alter the fundamental values generated during that period. In order to withstand Trumpism’s challenges, we will have to better understand the Immigration and Naturalization Act’s origins as an integral component of the civil rights revolution. When we revisit this history, we learn that this settlement introduced three principles into the immigration context: equality, a presumption of cultural compatibility, and family integrity. These crucial principles must be made part of any judicial evaluation of a president’s policies—especially those conducted unilaterally
Opposing Viewpoints: Everything in Moderation: Why Corporal Punishment Can Still Be an Effective Punishment for Juveniles in the Home and in Schools
No full textCommissioning the Consumer Financial Protection Bureau
No full textThere has been much debate over the Consumer Financial Protection Bureau\u27s lack of executive and congressional oversight: its single director removable only for cause and its operations are not subject to appropriations. This paper explains how this very leadership and accountability structure-intended to politically insulate the agency-had the perverse effect of politicizing it. Since Director Cordray\u27s departure, there has been increased regulatory uncertainty, discouraging financial innovation and harming consumer welfare. This paper recommends that Congress restructure the Bureau into a multi-member, bipartisan commission to provide industry regulatory predictability and ensure that consumer protection retains its independent seat in the financial regulatory system
Children Placed in Kinship Care: Recommended Policy Changes to Provide Adequate Support for Kinship Families
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The Thinness of Catholic Legal Education, a Review of Robert J. Kaczorowski, Fordham University Law School: A History
No full textIn his recent book, Fordham University Law School: A History, Robert J. Kaczorowski has authored an informative and scholarly history of Fordham Law School.In this Review of the book, we first briefly summarize the overall history that Kaczorowski conveys. It is the story of an urban law school founded in 1905 to serve the professional aspirations of the children of New York’s Catholic immigrants — a school that rose from modest beginnings to be among the nation’s finest, but then languished in mediocrity for decades due to the syphoning off of revenue by university administrators. This period of unfulfilled potential came to an end in the 1990s, when Fordham Law School returned to elite status.After describing Kaczorowski’s history, we then explain how the narrative Kaczorowski sets forth exemplifies the gradual attenuation of Catholic identity in Catholic legal education. Professor Kaczorowski’s account of Fordham Law School provides evidence of this attenuation of Catholic identity in legal education over time, and is itself proof of the thinness of this identity in the present day. Thus, while Fordham Law School’s Catholic and Jesuit identity feature prominently in the early chapters of Kaczorowski’s book, by the end of the story, this identity is an afterthought — a passing descriptive attached as a kind of certification of continuity with the past. Although this loss of identity is part of the history of Fordham Law School, Kaczorowski’s book does not address it directly, nor does it reflect upon the significance of this change