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23) As one New York State Surrogate's Court judge wrote while examining an Article 17-A guardianship petition: "[J]udicial scrutiny of the exercise of the parens patriae power has been imprecise and in guardianship and conservatorship proceedings, it has historically been exercised with little or no concern for due process protection[;] .
Moreover, the same police and parens patriae powers at the heart of Holmes' 8-1 majority opinion form the bedrock of, and continue to be cited by, courts in support of authority for modern public health agencies to protect us from a seemingly constant barrage of natural and manmade potential perils to our well-being.
The first is the parens patriae authority, which gives the state the power--and the responsibility--to intervene on behalf of citizens who cannot act in their own best interests.
judicial exercise of the parens patriae role existing within our
21) The very fact that the court referred to parens patriae jurisdiction-an often forgotten, ancient concept--shows how desirable the final outcome was.
Although the UN report does not offer any criticism about the minimum age of responsibility, the fact is that the new legislation potentially puts underage youth at risk of being directed to the youth/adult system under the umbrella of parens patriae.
justification for invoking parens patriae authority "would be
Without acknowledging the sensitive issues of federalism and state sovereignty that this question could have involved, the Court's opinion was straightforward: as a matter of statutory interpretation, a parens patriae action is not a mass action and is not removable to federal court under CAFA.
In her Senate resolution filed on Monday, Legarda said the government should exercise its Doctrine of Parens Patriae (parent of the nation) in filing charges against the employers, recruitment agency and other individuals responsible for Palacasi's abuse.
On appeal, Justice Saunders was asked to decide whether Justice LeBlanc erred by failing to: (i) exercise his parens patriae jurisdiction so as to take account of children's distinct vulnerability; and (ii) find that the publication of the allegedly defamatory statements was evidence in itself of a serious risk of harm.
InsideCounsel has been following this case from the beginning, both with news and opinion pieces from outside observers: Mass or morass: When claims are Cyproposed to be tried jointly' under CAFA's Cymass action' mechanism Recent DOJ and FTC actions highlight the role of remedies in antitrust matters Supreme Court case evaluates suits that represent states Supreme Court considers whether parens patriae can be removed to federal court Litigation: Examining the scope of CAFA's general public exception in parens patriae cases
While taxes are the lifeblood of the government and while it depends upon taxation to serve the people for whose benefit taxes are collected, the State, for humanitarian reasons and as parens patriae, should grant these tax reliefs," Tan said.