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Advocating for Children's Rights: Navigating Legal and Legislative Frameworks

This document examines the complexities of advocating for children's rights within the current legal and legislative framework. It explores the impact of wealth, lobbying, and campaign finance on the representation of children's interests. The analysis highlights the challenges faced by children's advocacy—such as conflicts of interest and judiciary passivity—while proposing legal remedies including class action suits and legislative reforms. The focus on wealth as a diffuse interest for children reveals an urgent need for more proactive advocacy tools to ensure their rights are safeguarded.

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Advocating for Children's Rights: Navigating Legal and Legislative Frameworks

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  1. Child Rights & RemediesFall 2012 Class 2

  2. Time Horizon Immediate Legacy Organization Highly Organized Diffuse

  3. Third factor: Wealth Children do not directly manifest organized wealth and represent a long-term, diffuse interest.

  4. Growth of Horizontal Associations • Noerr-Pennington Exemption • 20,000 Lobbyists

  5. Increasing Concentration in Some Industry Sectors

  6. Factors Favoring Left Spectrum in Legislature • Campaign Finance (age, avoiding limits, cost increase, effect of Citizens United) • Lobbying (K Street vs. AARP vs. children) • Conflicts of Interest (revolving door)

  7. Factors Favoring Left Spectrum in Executive Branch • Campaign Finance of Appointers • Lobbying • Conflicts of Interest

  8. Factors Favoring Left Spectrum in Judiciary • Passivity and Access • Remedy • Standing • Finance

  9. Procedural Mechanisms in Judiciary • Class Action • Writs of Mandamus • Declaratory Relief • Attorney Fee Shifting Statutes

  10. Campaign Finance Reform • Contribution Limitations • Reporting of Contributions • Public Finance • Clean Money • Matching Funds • Tax Credits • Patriot Dollars • Free Media

  11. Taxpayer Protection Ordinance

  12. Lobbying Reform • Job Offers • Gifts • Ex Parte Rules (PUC)

  13. Judicial Reform • Adversary vs. Code Model (Less Passive, e.g., Juvenile Court) • Class Action Liberation • Access

  14. Basic Jurisprudence Note Federal Constitution State Constitution Federal Statute State Statute Federal Rule State Rule

  15. Child Advocacy Tools • Media • Organizing Others • Legislative History • Using Constitutional or Legislative Floors

  16. Using Federal Floors • Supremacy (14th Amendment) • Interstate Commerce • Condition of Federal $ • Use of Federal $

  17. 4 Levels of Federal $ • Federal $ = state must or cannot … • Federal $ = state entity assisted must or cannot … • Federal $ = fund of $ with state required match must or cannot … • Federal $ = fed $ must or cannot …

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