The Sins of the Children Visited – This Time – on Their Parents

What to do about children who fail in school, or who simply fail to attend school at all? Efforts in recent years have focused on the schools themselves and on the teachers, and there have been initiatives to test children for performance in key areas and punish schools or teachers in underperforming schools. A recent New York Times article describes another approach: punishing the parents of underperforming (or under-attending) students. In “Whose Failing Grade Is It?” author Lisa Belkin discusses proposed legislation that endeavors to hold parents accountable for the performance of their offspring. She cites as examples a bill proposed in Indiana that would require parents to volunteer for at least three hours per semester in their children’s schools, as well as a proposed bill in Florida that would grade parents on their level of involvement in their children’s education, said grade to be posted on the child’s own report card. Belkin also notes that some states (she mentions Alaska and California) already have laws in place allowing for punishment of parents of habitual truants by imposing monetary fines or requiring attendance at parenting classes. The Indiana and Florida proposals were not enacted this past year, but their sponsors have vowed to try again in the new legislative session.

Obviously, very young children are entirely dependent on their parents’ efforts to get them to school, and to make sure that they have the necessary materials and support in order to attend consistently. However, problems of school truancy and failure to adequately fulfill academic requirements are more often seen and discussed as children enter the middle school and high school years. When we look at the issues facing these older students, are parent-directed laws a viable solution to the problem of kids failing in school?

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Law Gone Wrong: Wisconsin’s Spousal Maintenance Statute

This is the fourth post in an occasional series entitled “Law Gone Wrong.”  The editors of the Faculty Blog invited Law School faculty to share their thoughts on misguided statutes, disastrous judicial decisions, and other examples where the law has gone wrong (and needs to be nudged back on course).  Today’s contribution is from Professor Judith G.  McMullen.

The current Wisconsin statute governing spousal maintenance, §767.56, is an undoubtedly well-meaning legislative attempt to give broad discretion to judges who must make difficult decisions about the division of financial assets at the time of a divorce.  I believe, however, that the breathtakingly broad discretion granted under the statute is a mistake.  

Spousal maintenance, also known as alimony, is the payment by one ex-spouse for the support of the other ex-spouse.  Although media accounts of celebrities like Tiger Woods may leave the impression that maintenance payments are commonplace (not to mention large), in fact only a small percentage of divorce judgments include awards of spousal maintenance.

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Say It Ain’t So

We like to think that child abusers and child killers are monsters who are easily identifiable and, even more importantly, different from the rest of us “normal” people.  A recent news story in the Milwaukee Journal-Sentinel reminds us that the reality is more complicated. 

The alleged crime is sadly familiar: a young man was arrested in connection with the death of his girlfriend’s two-year-old son, Karmari J. Curtis, whom the suspect was babysitting.  The boyfriend brought the toddler’s body to the emergency room and claimed that the child had drowned accidentally while in the bath.  Since the lifeless child was reportedly dry and completely dressed, medical personnel and the police doubted the story, and the medical examiner’s report on the cause of death is currently sealed pending charges.  At the time of the toddler’s death, the suspect, Corey Benson, was out on bail awaiting trial on charges of physical abuse of a child and child neglect.  The previous charges stem from an incident in October when Benson admitted to playing tackle football with the same child and doing elbow and leg drops to him afterwards.  The toddler suffered life-threatening injuries, including a lacerated liver, as the result of that incident.  Benson was under a court order to have no contact with the boy after the October charges.

Everything about this tragic incident is ghastly, but here I want to focus on one particularly chilling aspect of this situation: the suspect, Corey Benson, is a young man of great potential who seemed to have beaten the odds against him. 

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