Standing Up for Nontraditional Families: How Third-Party Standing Prevents Courts from Examining the Best Interest of the Child Standard in Texas

2020 ◽  
Author(s):  
Taylor Seaton
2019 ◽  
Vol 24 (2) ◽  
pp. 212-231 ◽  
Author(s):  
Pii-Tuulia Nikula ◽  
Jussi Kivistö

This article examines the monitoring of third-party education agents employed in international student recruitment. Agency theory identifies comprehensive monitoring as one way to ensure that agents work in the principal’s best interest. By analyzing best practice guidelines, this article investigates the monitoring mechanisms proposed for education providers to mitigate information asymmetry in their education agent relationships. The findings from the analysis suggest that following the existing guidelines would only allow client institutions to partially observe the behavior of their agents. Hence, education providers should be not only guided toward more intensive use of the existing techniques but also encouraged to adopt new techniques, such as mystery shopping, to better determine education agents’ true behavior.


2020 ◽  
Vol 37 (3-4) ◽  
Author(s):  
Thea Grav Rosenberg ◽  
Ardis Storm-Mathisen ◽  
Kamilla Knutsen Steinnes ◽  
Henry Mainsah

SammendragDenne artikkelen diskuterer barns rett til deltagelse og beskyttelse på internett i relasjon til kommersielletredjepartsaktørers bruk av digitale persondata. Det tas utgangspunkt i FNs barnekonvensjon,norsk lovgivning, samt kvalitative og kvantitative funn fra en nylig gjennomført studieblant norske 15–18 åringer om personvern og markedsføring i sosiale medier. Datamaterialetbestod av fokusgruppeintervjuer, barns skjermdumper av markedsføring fra deres profiler isosiale medier og en landsrepresentativ spørreundersøkelse. Studien viser at barns deltakelsei sosiale medier skjer i et svært komplekst kommersielt landskap hvor de utsettes for skjultemarkedsføringsteknikker, skreddersydd reklame og ulovlig innhold. Diskusjonen løfter frem utfordringerog dilemmaer knyttet til økende kommersialisering av barns persondata, stereotypiskog diskriminerende syn på kjønn og plattformenes inngrep i barns privatliv. Det pekes på behovfor tilsyn av hvordan beskyttende regelverk og brukervilkår fungerer og gis eksempel på hvordansamarbeid med barn er viktig for bygging av relevant kunnskap, styrking av bevissthet og digitalkompetanse i denne sammenheng.Nøkkelord: barn, sosiale medier, markedsføring, personlige data, rettigheter, forbrukerkompetanse,stereotypier, diskrimineringCustomized to the child’s best interest? Privacy andmarketing on Norwegian children’s social media profilesAbstractThis article takes a closer look at conditions that influence Norwegian children’s need for provision, participation,and protection online and discusses these rights in relation to how third-party commercialactors use user data to customize content on social media. The discussion is based on the United NationsConvention on the Rights of the Child, Norwegian legislation and a study conducted in 2018 among 15–18year old Norwegian children on privacy and social media marketing (focus groups, visual material, and arepresentative survey). This study finds that children are subjected to a highly complex commercial landscapeconsisting of hidden marketing strategies, tailored advertising, and illegal content. Social media participationentails a continuous gathering and exploitation of children’s personal data by commercial actors.The discussion highlights challenges and issues related to increasing commercialization, stereotypical anddiscriminatory gender views, and risk of intrusion into children’s privacy. The need for protective regulationsand co-creational strategies with children to strengthen digital competence is also emphasized.


2018 ◽  
Vol 5 (3) ◽  
pp. 563-593
Author(s):  
Jessica Nation Holtman

Currently in Texas, standing options for third-party nonparents seeking to file suits affecting the parent-child relationship (“SAPCRs”) are extremely limited. And, even though the standing options are codified, the evidence necessary to meet the threshold elements may be drastically different depending on the case’s location. These third parties, who have previously exercised parental responsibilities, must make showings to the court that most divorced parents could not make; and this is just for a chance to bring a claim in court. While this seems unfair, and Texas should absolutely resolve the split among its appellate courts, there is one extremely important part that has yet to be mentioned: the child. Standing determinations do not involve a best interest of the child inquiry; this must be changed. This Comment uses a San Antonio Court of Appeals case to highlight both the Texas appellate-court split and the lack of a best interest of the child consideration. Using the case’s facts, this Comment breaks down the general third-party standing option by venue to show just how different the requirements are depending on where in Texas the party resides. In most cases, the outcome spotlights that the child is the true victim of these standing limitations. Professor James Dwyer explains that relationships have a far greater impact on children than on adults. Courts should consider this when determining the best interest of the child. More importantly, the best interest of the child should be a primary consideration, not one that is considered after the plaintiff establishes standing. Allowing a third-party parent to file suit is highly likely to serve the child’s best interest. Once judges apply the best-interest standard at the appropriate stage, judges should then look through the child’s lens for making recommendations on the child’s behalf. Too few judges have said too few words about the lack of the best interest of the child consideration when issuing standing determinations. But with our nation’s evolving familial structure, the time has come to reconsider how courts determine who may bring suits affecting children.


1969 ◽  
pp. 394 ◽  
Author(s):  
M. Joyce Schlosser

The author opens by defining and discussing the two competing approaches to third party child-centred disputes. She then goes on to place the discussion in context by examining the relevant British and Canadian case law and reviewing the pertinent legislation. She concludes by offering criticism and recommendations for reform.


2020 ◽  
Vol 43 ◽  
Author(s):  
Michael Tomasello

Abstract My response to the commentaries focuses on four issues: (1) the diversity both within and between cultures of the many different faces of obligation; (2) the possible evolutionary roots of the sense of obligation, including possible sources that I did not consider; (3) the possible ontogenetic roots of the sense of obligation, including especially children's understanding of groups from a third-party perspective (rather than through participation, as in my account); and (4) the relation between philosophical accounts of normative phenomena in general – which are pitched as not totally empirical – and empirical accounts such as my own. I have tried to distinguish comments that argue for extensions of the theory from those that represent genuine disagreement.


Author(s):  
Carl E. Henderson

Over the past few years it has become apparent in our multi-user facility that the computer system and software supplied in 1985 with our CAMECA CAMEBAX-MICRO electron microprobe analyzer has the greatest potential for improvement and updating of any component of the instrument. While the standard CAMECA software running on a DEC PDP-11/23+ computer under the RSX-11M operating system can perform almost any task required of the instrument, the commands are not always intuitive and can be difficult to remember for the casual user (of which our laboratory has many). Given the widespread and growing use of other microcomputers (such as PC’s and Macintoshes) by users of the microprobe, the PDP has become the “oddball” and has also fallen behind the state-of-the-art in terms of processing speed and disk storage capabilities. Upgrade paths within products available from DEC are considered to be too expensive for the benefits received. After using a Macintosh for other tasks in the laboratory, such as instrument use and billing records, word processing, and graphics display, its unique and “friendly” user interface suggested an easier-to-use system for computer control of the electron microprobe automation. Specifically a Macintosh IIx was chosen for its capacity for third-party add-on cards used in instrument control.


2008 ◽  
Vol 18 (1) ◽  
pp. 9-20 ◽  
Author(s):  
Mark Kander ◽  
Steve White

Abstract This article explains the development and use of ICD-9-CM diagnosis codes, CPT procedure codes, and HCPCS supply/device codes. Examples of appropriate coding combinations, and Coding rules adopted by most third party payers are given. Additionally, references for complete code lists on the Web and a list of voice-related CPT code edits are included. The reader is given adequate information to report an evaluation or treatment session with accurate diagnosis, procedure, and supply/device codes. Speech-language pathologists can accurately code services when given adequate resources and rules and are encouraged to insert relevant codes in the medical record rather than depend on billing personnel to accurately provide this information. Consultation is available from the Division 3 Reimbursement Committee members and from [email protected] .


2020 ◽  
Vol 51 (1) ◽  
pp. 35-49 ◽  
Author(s):  
Shoko Watanabe ◽  
Sean M. Laurent

Abstract. Previous forgiveness research has mostly focused on victims’ forgiveness of transgressors, and offenders’ post-transgression efforts intended to promote victim forgiveness have been collectively branded as apology. However, decisions concerning forgiveness frequently occur outside of dyadic contexts, and the unique roles of repentance and atonement in determining forgivability of offenders, despite their preeminence in theology and law, have received little empirical attention. Across five experiments ( N = 938), we show that repentance and atonement independently influence third-party perception of forgivability for a variety of harms, even in disinterested contexts. Our findings provide a systematic examination of decisions about forgivability disentangled from direct personal involvement, demonstrating that components of apology known to facilitate forgiveness in victims also increase perceived forgivability from unharmed observers.


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