RAISING THE BAR: WHY SUPERVISED VISITATION PROVIDERS SHOULD BE REQUIRED TO MEET STANDARDS FOR SERVICE PROVISION

The New York Society for the Prevention of Cruelty to Children (NYSPCC) has provided a supervised visitation program (SVP) for high‐risk families for almost two decades. Parents needing supervised visitation often have histories of domestic violence, child abuse and neglect, mental illness or substance abuse, therefore providers delivering services must be adequately trained and supervised in order to protect the child from further harm during the visitation process. This article describes the need for SVP's, parental issues warranting consideration, the special needs of children in these circumstances, policy recommendations for provider standards, and a certification process to be developed and adopted in New York State.     

LET'S GO TO THE VIDEOTAPE: WHY THE FORENSIC INTERVIEWS OF CHILDREN IN CHILD PROTECTIVE CASES SHOULD BE VIDEO RECORDED*

Child sexual abuse is often difficult to prove due to a lack of physical evidence. In many instances, the only evidence is a child's statement given during a forensic interview. Forensic interviews are conducted to assess whether the child has been abused, to develop a plan to protect a child's safety pending trial, and to provide further investigative leads. Note taking by the interviewer is currently the primary method for documenting what takes place in a forensic interview. Research shows that this form of documentation is problematic because interviewers tend to omit abuse‐related details in their notes. This Note suggests that federal law should require that forensic interviews of children in child sexual abuse cases be video recorded. State law can provide for a policy of video recording even in the absence of a federal law mandate. Video recording would better preserve the child's statements thereby improving the reliability of the information that is obtained during forensic interviews. The child's demeanor would also be fully captured on video as opposed to getting lost in an interviewer's notes.     

JURISDICTION FRICTION AND THE FRUSTRATION OF THE HAGUE CONVENTION: WHY INTERNATIONAL CHILD ABDUCTION CASES SHOULD BE HEARD EXCLUSIVELY BY FEDERAL COURTS

The Hague Convention on the Civil Aspects of International Child Abduction confronts the growing problem of international parental child abduction by providing for the prompt return of the child to their home country. However, the legislation that implements the Hague Convention in the United States confers concurrent state and federal court jurisdiction for cases brought under the Treaty. This vast jurisdictional grant has contributed to delay in case resolution, inconsistent interpretation, and unresolved cases and has frustrated the original intent of the Hague Convention which seeks to expedite the child's return. At their core, Hague Convention proceedings are choice of forum cases in an international context and the Convention depends on reciprocity and respect for the rule of law among Contracting States. Consolidating Hague Convention proceedings within the federal system would encourage uniform interpretation of Treaty provisions and allow expertise to develop among judges. This will promote the interests of parent and child victims by facilitating the prompt return and eventual resolution of the underlying custody controversy while strengthening the effectiveness of performance under the Hague Convention.     

WHEN PARENTS CAN CHOOSE TO HAVE THE “PERFECT” CHILD: WHY FERTILITY CLINICS SHOULD BE REQUIRED TO REPORT PREIMPLANTATION GENETIC DIAGNOSIS DATA

Preimplantation Genetic Diagnosis (PGD) is a procedure used to screen embryos for certain genetic conditions before implantation via in vitro fertilization (IVF) so the desired embryos can be chosen for implantation. The procedure was originally used to prevent the birth of children with deadly genetic disorders, but it is now used for more controversial reasons, such as to select for sex. Limited information is available regarding how PGD is used in the United States and there are many ethical concerns surrounding the practice of PGD, most notably that it could lead to the creation of designer babies and eugenic practices. This Note proposes amending a federal act to require fertility clinics to report PGD data through an existing web‐based system. This data can then be used by policymakers to federally regulate PGD practices.     

SHOULD PREMARITAL COUNSELING BE MANDATORY AS A REQUISITE TO OBTAINING A MARRIAGE LICENSE?

Despite the fundamental importance of marriage in forming the foundation of family and society, divorce in the United States has become a common occurrence with disruptive consequences immediately affecting the children, the family, and society at large. The state therefore has a strong and legitimate interest in strengthening marriage by mandating premarital counseling for all couples contemplating marriage. Premarital counseling is a program that offers the necessary guidance to assist couples in evaluating their readiness to enter marriage, and allows couples to enter marriage with greater understanding and certainty. As a result, mandatory premarital counseling will promote stability in the marital and family relationship and help to reduce marital discord.     

THE STATE IS STRONG BUT I AM WEAK: WHY THE IMMINENT LAWLESS ACTION STANDARD SHOULD NOT APPLY TO TARGETED SPEECH THAT THREATENS INDIVIDUALS WITH VIOLENCE

Surely there is a profound difference between inciting to arson by the use of words and inciting to revolution by the use of words. We do not have a ready word for the distinction, yet it is a deep and obvious one.—Harry Kalven, Jr.     

ONLINE AUCTIONS — GERMANY: ONLINE AUCTIONS UNDER GERMAN REGULATORY AND COMPETITION LAWS

The controversial position of online auctions under German contract law has already been subject to detailed examination in CLSR.¹ This diverse form of cyber transaction has, however, also given rise to ongoing academic debate² on its permissibility under German regulatory and competition laws following two court decisions in 1999³ and 2000.⁴