sections of 26, 42, and 45 U.S.C.A.]). The goal of ERTA was to promote an increased level of personal retirement savings through uniform discretionary savings arrangements. A movement to bolster the FEDERAL BUDGET by eliminating many existing tax shelters prompted portions of the TAX REFORM ACT OF 1986 (codified in scattered sections of 19, 25, 26, 28, 29, 42, 46, and 49 U.S.C.A.) and another change in IRA laws. This time, Congress limited some of the IRA’s tax advantages, making them unavailable to workers who participate in an employer’s retirement plan or whose earnings meet or exceed a certain threshold. Yet other tax advantages remain, and the laws still allow anyone to contribute to an IRA, making it a popular investment tool. It is difficult to understand the advantages that an IRA offers without understa nding a few basics about federal INCOME TAX law. Generally, a person calculating the amount of tax that he or she owes to the government first determines the amount of income received in the year. This is normally employment income. Tax laws allow the individual to deduct from this figure amounts paid for certain items, such as charitable contributions or interest on a MORT- GAGE . Some taxpay ers choose to take a single STANDARD DEDUCTION rather than numerous itemized deductions. In either case, the taxpayer subtracts any allowable deductions from yearly income and then calculates the tax owed on the remainder. Taking deductions is only one of the ways in which a taxpayer may reduce taxes by investing in an IRA. But IRAs have proven to be popular with taxpayers. This popularity has prompted expansion of the federal tax rules to encourage additional savings and investment through IRAs. In 2003, there were 11 types of IRAs: 1. Individual Retirement Account 2. Individual Retirement Annuity 3. Employer an d Employee Association Trust Account 4. Simplified Employee Pension (SEP-IRA) 5. Savings Incentive Match Plan for Employ- ees IRA (SIMPLE IRA) 6. Spousal IRA 7. Rollover IRA (Conduit IRA) 8. Inherited IRA 9. Education IRA 10. Traditional IRA 11. Roth IRA Despite the many variations, the two most important remain the traditional IRA and the Roth IRA. As of 2009, single filers may deduct Tradi- tional IRA contributions as long as their income is less than $101,000 (to qualify for a full contribution) or $110,000 to $121,000 to qualify for a partial contribution. Joint filers may deduct IRA contributions as long as their ADJUSTED GROSS INCOME is less than $159,000 (to qualify for a full contribution). If their adjusted GROSS INCOME is between $159,000 and $176,000, they may qualify for a partial contribution. IRA contribution limits were capped at $5,000 from 2008 through 2010. Various plans may constitute employer- maintained retirement plans, such as standard pension plans, profit-sharing or stock-bonus plans, annuities, and government retirement plans. Someone who does not participate in such aplan—whether by choice or not—is entitled to contribute to an IRA up to $5,000 per year or 100 percent of her or his annual income, whichever is less. The amount contributed during the taxable year may then be taken as a deduction. A married taxpayer who files a joint TAX RETURN with a spouse who does not work may deduct contributions toward what is called a spousal IRA, or an IRA established for the spouse’s benefit. If neither spouse is a partici- pant in an employer-provided retirement plan, up to $10,000 may be deductible. Taxpayers who contribute to Traditional IRAs usually realize tax benefits even when the law does not permit them to take deductions. That is because income earned on Traditional IRA contributions is not taxed until the funds are distributed, which usually occurs at retire- ment. Income that is allowed to grow, untaxed, for several years, grows faster than income that is taxed each year. To avoid abuses and excessive tax shelters, Congress has placed limits on the extent to which IRAs can be used as a financial tool. Individuals with IRAs may currently make contributions limited to $5,000 per year; con- tributions exceeding that amount are subject to strict financial penalties by the INTERNAL REVENUE SERVICE each year until the excess is corrected. The owner of an IRA generally may not GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 418 INDIVIDUAL RETIREMENT ACCOUNT withdraw funds from that account until age 59 1/2. Premature distributions are subject to a 10-percent penalty in addition to regular income tax. Taxpayers may be able to avoid this premature distribution penalty by “rolling over,” or transferring, the distribution amount to ano ther IRA within 60 days. An individual may elect not to withdraw IRA funds at age 59 1/2. However, the law requires IRA owners to withdraw IRA money at age 70 1/2, either in a lump sum or in periodic (at least ann ual) payments bas ed on a life-expectancy calculation. Failure to comply with this rule can result in a 50 percent penalty on the amount of the required minimum dist ribution. Contribu- tions to an IRA must stop at age 70 1/2. In 1997 Congress provided for a new type of IRA —the Roth IRA, named for former Senator William V. Roth Jr. The Roth IRA was part of the Taxpayer Relief Act of 1997 (Pub. L. No. 105-34, 111 Stat. 788 [codified as amended in scattered sections of 26 U.S.C.]). Contributions to a Roth IRA are not deductible from gross income, and the Roth IRA allows no deductions for contributions. Instead, Roth IRAs provide a benefit that is unique among retirement savings schemes: If a taxpayer meets certain requirements, all earnings from the IRA are tax-free when the taxpayer or his or her beneficiary withdraws them. There are other benefits as well, such as no early distribution penalty on certain withdrawals, and no need to take minimum distributions after age 70 1/2. The chief advantage of the Roth IRA is the ability to have investment earnings escape TAXATION. However, taxpayers may not claim a deduction when they contribute to Roth IRAs. Whether it is more advantageous to use Roth IRAs or traditional IRAs depends on each taxpayer’s personal situation. It also depends on what assumptions the taxpay er makes about the future, such as future tax rates and the taxpayer’s earnings in the interim. Individuals may open a Roth IRA if they are eligible for a regular contribution to a Roth IRA or a rollover or conversion to a Roth IRA. Taxpayers are eligible to make regular con- tributions to a Roth IRA even if they participate in a retirement plan maintained by their employer. In 2009, these contributions may be as much as $5,000 ($6,000 if 50 or older by the end of the year). There are just two require- ments: the taxpayer or taxpayer’s spouse must have compensation or alimony income equal to the amount contributed; and the taxpayer’s modified adjusted gross income may not exceed certain limits. These limits are the same as in traditional IRAs: $101,000 for single individuals and $159,000 for marrie d individuals filing joint returns. In 2009, the amount that a taxpayer may contribute is reduced gradually and then completely eliminated when the taxpayer’smod- ified adjusted gross income exceeds $120,000 (single) or $176,000 (married filing jointly). In 2009, a traditional IRA may be converted to a Roth IRA if modified adjusted gross income is $100,000 or less and if the taxpayer is either single or files jointly with his or her spouse. However, beginning in 2010, the $100,000 cap is eliminated. Although taxpayers converting tradi- tional IRAs to Roth IRAs must pay tax in the year of the conversion, the long-term savings may greatly outweigh the conversion tax. FURTHER READINGS Internal Revenue Service Website, www.irs.gov (accessed September 19, 2009). Levy, Donald R., and Avery E. Neumark. 2000. Quick Reference to IRAs, 1999. New York: Panel. Pope, Thomas. 2008. Prentice Hall’s Federal Taxation 2009: Comprehensive. 22d ed. New York: Prentice Hall. INDIVIDUALS WITH DISABILITIES EDUCATION ACT OF 1975 See DISABILITY DISCRIMINATION. INDORSE To sign a paper or document, thereby making it possible for the rights represented therein to pass to another individual. Also spelled endorse. INDORSEMENT A signature on a commercial paper or document. An indorsement on a NEGOTIABLE INSTRUMENT, such as a check or a PROMISSORY NOTE, has the effect of transferring all the rights represented by the instrument to another individual. The ordinary manner in which an individual endorses a check is by placing his or her signature on the back of it, but it is valid even if the signature is placed somewhere else, such as on a separate paper, known as an allonge, which provides a space for a signature. The te rm indorsement is also spelled endorsement. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION INDORSEMENT 419 INDUCEMENT An advantage or benefit that precipitates a parti- cular action on the part of an individual. In the law of contracts, the inducement is a PLEDGE or promise that causes an individual to enter into a particular agreement. An induce- ment to purchase is something that encourages an individual to buy a particular item, such as the promise of a price reduction. Consideration is the inducement to a contract. In CRIMINAL LAW, the term inducement is the motive, or that which leads an individual to engage in criminal conduct. INDUSTRIAL UNION A labor organization composed of members employed in a particular field, such as textiles, but who perform different individual jobs within their gen eral type of work. CROSS REFERENCE Labor Union. INDUSTRIAL WORKERS OF THE WORLD The Industrial Workers of the World—also known as the IWW, or the Wobblies—is a radical LABOR UNION that had its beginnings in Chicago in 1905. An outgrowth of the Western Federation of Mines, the IWW was created by WILLIAM D. HAYWOOD, EUGENE V. DEBS, and Daniel DeLeon. Its membership was open to all workers, skilled or unskilled, with no restrictions as to race, occupation, ethnic background, or sex. The Wobblies opposed the principles of capitalism and advocated SOCIALISM. They followed the tenets of syndicalism, a labor movement that evolved in Europe before WORLD WAR I. The syndicalists sought to control industry through labor organizations. In their view the state represented oppression, which had to be replaced by the union as the essential element of society. To achieve their goals, the syndical- ists advocated practices such as strikes and slowdowns. The Wobblies adopted many of the ideolo- gies of syndicalism and employed direct-action methods, such as propaganda, strikes, and boycotts. They rejected more peaceful means of achieving labor’s goals, such as arbitration and COLLECTIVE BARGAINING. From 1906 to 1928, the IWW was responsi- ble for 150 strikes, including a miners’ strike in Goldfield, Nevada, from 1906 to 1907; a textile workers’ strike in Lawrence, Massachusetts, in 1912; a 1913 silk workers’ strike in Paterson , New Jersey; and a miners’ strike in Colorado from 1927 to 1928. During World War I, the IWW began to lose much of its strength. Its members were against the military, and many were convicted of draft evasion, seditious activities, and espio- nage. In addition, many members left the organization to join the Communist party. By 1930, the IWW was no longer regarded as an influential labor force. Nevertheless, it still exists today. Despite its radicalism, the IWW was re- sponsible for several gains for organized labor. It brought together skilled and unskilled work- ers into one union; it achieved better working Examples of indorsements. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. In Blank John Doe or Pay to bearer John Doe Special Pay to Richard Roe or order John Doe or Pay to the order of Richard Roe John Doe or Pay to Richard Roe John Doe Restrictive Pay Richard Roe only John Doe or For deposit only John Doe Qualified Pay to Richard Roe without recourse John Doe Conditional Pay to Acme Company on completion of bulding contract John Doe Indorsement Without Recourse Without recourse in any event and without representation or warranty whatsoever. or John Doe Without Recourse Date Indorsement GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 420 INDUCEMENT conditions and a shorter work week in many areas of labor, particularly in the lumber field; and it set a structural example that would be followed by future labor unions. INFAMY Notoriety; condition of being known as possessing a shameful or disgraceful reputation; loss of char- acter or good reputation. At COMMON LAW , infamy was an individual’s legal status that resulted from having been convicted of a particularly reprehensible crime, rendering him or her incompetent as a witness at a trial. Infamy, by statute in certain jurisdic- tions, produces other legal disabilities and is sometimes described as CIVIL DEATH. INFANCY Minority; the status of an individua l who is below the legal age of majority. At COMMON LAW, the age of legal majority was 21, but it has been lowered to 18 in most states of the United States. Infancy indicates the condition of an individual who is legally unable to do certain acts. For example, an infant might not have the legal capacity to enter into certain contracts. Similarly, infancy is a ground for annulment of a MARRIAGE in certain jurisdictions. Although many states have lowered the AGE OF MAJORITY for most purposes to 18, they frequently retain the right to mandate support of a child by a parent beyond that age in the aftermath of DIVORCE. INFANTS Infants are persons who are under the age of legal majority—at common law 21 years, now general- ly 18 years. According to the sense in which this term is used, it may denote the age of the person, the contractual disabilities that non-age entails, or the person’s status with regard to other powers or relations. Modern laws respecting the rights, obliga- tions, and incapacities of children are rooted in ancient customs and practices. In 1765, SIR WILLIAM BLACKSTONE ,inhisCommentaries on the Laws of England, wrote that parents owe their children three duties: maintenance, protec- tion, and education. In the early twenty-first century, these three du ties continue and have been expanded by JUDICIAL and legislative advancements. The notion of children ’s rights has evolved into a highly controversial and dynamic area of law. COMMON LAW held an infant, also called a minor or child, to be a person less than 21 years of age. Currently, most state statutes define the AGE OF MAJORITY to be 18. Although a person must attain the age of majority to vote, make a will, or hold public office, children are increas- ingly being recognized by society, legislatures, and the courts as requiring greater protections and deserving greater rights than they were afforded under common law. The law is caught in a tug-of-war between two equally compelling and worthy societal interests: the desire to protect children from harmful situations and from their own immaturity and lack of experi- ence, on the one hand, and the desire to give children as much autonomy as they can bear as soon as they can bear it, on the other. Legal Rights of Children Children do have the right to own and acquire property by sale, gift, or inheritance. Often property is given to a child as a beneficiary of a trust. In the case of trusts, a trustee manages the trust assets for the child until the child reaches majority or otherwise meets the requirements specified in the trust for managing the property for herself or himself. Children also have the right to enter into contracts. Because the law seeks to protect children from adverse consequences due to their lack of knowledge, experience, and maturity, an adult who enters into a contract with a child may be unable to enforce the contract against the child, whereas the child can enforce the contract against the adult if the adult breaches it. However, when a child enters into a contract for necessities (i.e., food, shelter, What it Costs to Raise a Child to Age 18 A Two-Parent Family Will SpendEarning a Less than $45,800 a year $45,800 to $77,100 a year More than $77,100 a year $148,320 $204,060 $298,680 SOURCE: U.S. Department of Agriculture, Center for Nutrition Policy and Promotion, Expenditures on Children by Families, 2007. a Earning refers to before-tax income. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION INFANTS 421 clothing, and medical attention) or with a bank, the child is legally bound and cannot later disaffirm or negate the contract. In addition, some state statutes provide that all contracts relating to a child’s business are enforceable. This arrangement allows a child the opportunity to begin a business. Aside from these limited exceptions, a child may negate a contract before, and even sometimes soon after, reaching the age of majority. Children have the right to bring lawsuits seeking legal redress for injuries they have suffered or for rights that have been violated. Most jurisdictions require a child to have a representative during the litigation process. This representative, called a guardian ad litem or NEXT FRIEND , advises and guides the child. The right of a child to sue for personal injuries has been extended to cover prenatal injuries. Moreover, if an injured fetus is born alive and then dies as a result of her or his prenatal injuries, the child’s parents may sue for the WRONGFUL DEATH of the child. Criminal sanctions may also apply. As of 2009, more than 36 states had enacted fetal homicide legislation creating a separate criminal offense for actions taken against a woman that result in the death of, or harm to, her fetus. However, in civil suits for MEDICAL MALPRAC- TICE , such a legal premise is not as simple as it may appear. First, depending upon the stage of development, the fetus may or may not be a viable person—with independent legal rights— in the eyes of the law. This controversial issue was addressed in August 2002, when President GEORGE W. BUSH signed into law the Born-Alive Infants Protection Act (P.L. 107-207), ensuring that every infant born alive, including an infant who survives an ABORTION proc edure, is consid- ered a person under federal law. The signifi- cance of this trend (treating the fetus as a separate person) is in recog nizing that the unborn infant has distinct and independent rights. In prior cases and in other jurisdictions, compensation for harm to a fetus has been granted to the mother (or parents) under the legal theory of a derivative right stemming from the legal duty owed to the mother. A second essential element of a malpractice action is the nee d to show that a professional doctor-patient relationship existed between an allegedly injured patient and the treating physi- cian. This relationship establishes that a duty was owed by the physician to his patient. In matters of obstetrics, a doctor-patient relationship natu- rally exists between a pregnant woman and her treating physician. If she suffers harm or injury as a result of alleged malpractice and that harm or injury carries over to her unborn child, states permit recovery for both. But the question remained what if the mother suffers no harm or injury as a result of alleged malpractice, yet injury or harm is independently sustained by the developing fetus or newborn. This question has been addressed by several state courts. In the 2001 case of Nold v. Binyon (31 P.3d 274), the Kansas Supreme Court held that a physician has a doctor-patient relation- ship with both mother and any developing fetus she intends to carry to a healthy full term. In Nold, the infant in question was born with hepatitis B, which was transmitted from her infected mother. Tests given to the mother prior to the baby’s birth indicated that the virus was present. Normal treatment is to admi nister gamma globulin and a vaccine at birth; the infant received neither and so contracted the virus. Although states may recognize a child’sright to sue for prenatal injuries, the vast majority of states do not allow WRONGFUL LIFE actions. In a wrongful life lawsuit, the child sues a doctor for NEGLIGENCE or malpractice for failing to diagnose the child’s mother with a disease that injured the child before birth or for failing to diagnose a severe, disabling condition of the child before birth. The argument continues that if the doctor had informed the child’s parents of the child’s condition, the mother would have had an abortion rather than deliver a child with such a debilitating condition. The child’s theory in a wrongful life lawsuit is that life with the injury or debili tating condition is worse than no life at all and that he or she would have been better off having not been born. As examples, the New Jersey Supreme Court has denied wrongful life claims, stating that “there is no precedent in appellate judicial pronouncements that holds a child has a FUNDAMENTAL RIGHT to be born as a whole, functional human being,” and it is almost impossible to calculate the damages in such a case (Gleitman v. Cosgrove 49 N.J. 22, 227 A.2d 689 [1967]). In contrast, in Curlender v. Bio- Science Laboratory (106 Cal. App. 3d 811, 165 Cal. Rptr. 477 [1980]), a California court allowed GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 422 INFANTS a child with Tay-Sachs disease to recover for wrongful life, stating that to deny such a claim “permits a wrong with serious consequential injury to go wholly unaddressed.” This court would not accept the “impossibility of measuring damages” as the sole reason to deny the child’s claim. A child may bring a lawsuit seeking EMANCI- PATION from his or her parents. Emancipation is a doctrine based on ancient ROMAN LAW.An emancipated minor is a child who is entirely self-supporting and who has the LEGAL RIGHT and duty to oversee his or her own behavior. An emancipated minor’s parents surrender the right to the care, custody, and earnings of the child. Once emancipated, the child is precluded from demanding that his or her parents continue to support him or her. Historically, an express agreement between the PARENT AND CHILD,the MARRIAGE of the child, the entry of the child i nto the armed forces, or responsible conduct on the part of the child were all sufficient factors in seeking emancipation. In the early 2000s, the doctrine is seen as a mechanism for ending troubled parent-child relationships and a way to alleviate the difficult task of finding foster families for older teenagers who have been taking care of themselves. Child Protection Although children do not have a constitutional right to a safe home, a permanent, stable family, or quality care, significant strides have been made to improve the lives of children. The right of a state to ensure the WELFARE of the children within its boundaries stems from the ancient concept of parens patriae, which means “the father of his country,” and was used to describe the relationship between a king and his subjects. As of 2009, this right is limited by the parents’ legal right to be free from government intrusion in the raising and rearing of their children. The state’s intervention is justified, however, if a parent is not living up to his or her responsibilities or when a child is endangered, neglected, or abused. The courts may then place the child in temporary foster care and require the parent to get assistance to remedy the problem or may terminate the parent’s rights to the child if that is found to be in the best interests of the child. In 1960 the federal government spent only a few million dollars on child protective services. By 1980 this expenditure had risen to more than $325 million. This dramatic increase probably did not reflect an actual increase in the incidence of child abuse but rather the effects of laws requiring health care and social workers to report all suspicions of child abuse, an increase in public awareness of the problem and a broadening of the definition of child abuse. Nevertheless, some abused or neglected children were remaining unidentified and not receiving timely or effective protection from the state, and in some instances, the state was found to be not responsible for these mistakes. For example, in 1989 the U.S. Supreme Court held that the due process clause did not impose an affirmative duty on the state to protect a four- year-old boy from his father’s violence (DeSha- ney v. Winnebago County Department of Social Services, 489 U.S. 189, 103 L. Ed. 2d 249, 109 S. Ct. 998). In that case, a child named Joshua was beaten so severely that half of his brain was destroyed and he became permanently brain- damaged and profoundly retarded. A social worker assigned to the family had noted signs of past abuse and several trips to the emergency room but had taken no action to remove Joshua from his family home. Chief Justice WILLIAM H. REHNQUIST stated that the due process clause “is phrased as a limitation on the State’s power to act, not as a guarantee of certain minimal levels of safety and security.” While figures are difficult to tally, the esti- mated 2007 cost of child abuse was $104 billion. In 2007 approximately 5.8 million children were involved in an estimated 3.2 million child abuse reports and allegations. In 2009, billions of state and federal dollars were spent on child protec- tive services; federal expenditures alone were more than $21 billion in 2009; and other funds were directed to prevention programs. While more agencies have been created to handle the increased caseload, many reports are still screened out, and caseworkers must prioritize among the cases they do eventually receive. State and federal funds are also allotted for children whose parents are financially unable to provide for their basic needs, such as food, shelter, and medical attention. The Temporary Assistance for Needy Families (TANF) program grants federal money to needy parents to provide these basic needs for their children. While the U.S. CONSTITUTION does not mention the right of children to an education, every state has adopted compulsory education laws. The strides in securing education for GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION INFANTS 423 children occurred at the sam e time that CHILD LABOR LAWS were beginning to eradicate the exploitation of children in sweatshops. By the mid-1800s, several states had passed laws restricting the number of hours children could work and requiring children who worked to also attend school for a minimum number of months each year. However, because each state had different laws and competition was fierce among states eager to attract industry, many of the laws regarding child labor were not enforced. After several unsuccessful attempts at passing effective child labor laws, Congress passed the FAIR LABOR STANDARDS ACT (FLSA), 29 U.S.C.A. § 201 et seq., which places restrictions on the hours children may work and age limitations for children performing particular jobs and employed in certain hazardous occu- pations. As of 2009, every state has child labor laws—most of which are patterned after the FLSA, although some differences do exist. The same concern for children that brought about these protections was responsible for the creation of the juvenile justice system. From the founding of the United States until the end of the nineteenth century, children who were charged with a crime were treated the same as adults. The juvenile justice system arose from an emerging conviction that rehabilitation, not punishment, would better serve the child and the state. In the early 2000s, juvenile court systems had been adopted by every state. These courts hear cases involving status offenses, abuse, dependency, neglect, and termination of parental rights. Status offenses are legal infractions based solely on the age of the person, such as truancy and curfew violations. Children in the juvenile justice system have the constitutional rights of notice, counsel, PRIVILEGE AGAINST SELF-INCRIMINATION, determination of guilt BEYOND A REASONABLE DOUBT, and protection against DOUBLE JEOPARDY.However, juveniles continued not to have a federal constitutional right to a jury trial and were not generally afforded bail. All state juvenile codes provide for a juvenile to be removed from the juvenile justice system and transferred to the adult criminal courts, depending on the offense the juvenile allegedly committed or the juvenile’s prior history of delinquent behavior. Once this move is made, the juvenile is entitled to all the constitutional protections afforded adults accused of crimes, such as bail and the right to a trial by jury, which may be more sympathetic and less likely to convict than would a juvenile court judge. Constitutional Rights of Children in the Educational Setting Traditionally, it was assumed that students would behave and express themselves in accept- able ways, and thus their constitutional rights did not need to be recognized or protected in any official manner. Since the 1960s, this notion has tended to be ignored. The Supreme Court has recognized that students do not shed their constitutional rights upon crossing the school- house threshold. The Court has recognized that schools function as a “market-place of ideas” and that FIRST AMENDMENT rights must receive “scru- pulous protection if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes” (Tinkerv.DesMoinesInde- pendent Community School District 393 U.S. 503, 21 L. Ed. 2d 731, 89 S. Ct. 733 [1969] ). The rights of students to wear black arm- bands in protest of the VIETNAM WAR,todance, and to use obscene and vulgar language on campus are but a few of the many First Amendment issues that have been litigated. In addition, debates over school prayer, RELIGION in a public school curriculum, and government aid to parochial schools all affect the education children receive. Many court decisions limit the FOURTH AMENDMENT rights of students with regard to searches for drugs, to drug testing, and to searches of their lockers. Age of Legal Medical Consent Traditionally, children have been deemed legally incapable of consenting to their own medical care or treatment. In general, parents have the authority to decide whether their minor chil- dren will receive medical treatment. Common law recognized an exception to the need for parental consent in cases of emergency. Statu- tory law has created more exceptions to this requirement, namely in cases where a child is emancipated, married, pregnant, or a parent. In addition, several states have enacted “minor treatment statutes,” which typically provide that from 14 to 17 years of age, a minor may consent to ordinary medical treatment. When a parent refuses to consent to medical attention for a seriously ill or dying child, even if on religious grounds, the states may act according to their GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 424 INFANTS parens patriae power and obtain a court order to secure the necessary medical treatment. Owing to a high incidence of venereal dis- eases among teenagers, all states have adopted statutes authorizing minors to consent to the treatment of sexually transmitted diseases. Similarly, most states have laws allowing a child to seek treatment for alcohol or drug abuse without parental consent. Constitutional guarantees of the right to abortion extend to minors, as does the right to privacy. The Supreme Court has upheld state statutes that require the consent of only one parent if the statutes also offer an expedi- tious judicial bypass procedure (a hearing before a judge in which the minor requests that parental consent be waived). States can no longer absolutely require two-parent notifica- tion or consent before a minor may undergo an abortion. The Right to Testify A child is permitted to testify in court if the judge believes that the child comprehends the meaning and importance of telling the truth, is sufficiently mature, and is able to recall and communicate her or his thoughts effectively. Most states do not have a specific age at which children are allowed to testify; consequently, even very young children are allowed to be placed under OATH and testify in court if the judge determines that these requirements have been met. FURTHER READINGS Fellmeth, Robert. 2006. Child Rights & Remedies: How the U.S. Legal System Affects Children. 2d. ed. Atlanta: Clarity Press. Jackson, Anthony. 1995. “Action for Wrongful Life, Wrongful Pregnancy, and Wrongful Birth in the United States and England.” Loyola of Los Angeles International and Comparative Law Journal 17 (April). Pardeck, John. 2006 Children’s Rights: Policy and Practice. 2d. ed. New York: Routledge. Smock, Erica, Priscilla Smith, and Bebe J. Anderson. 2003. “The Legal Status of the Fetus: Implications for Medical Personnel.” Center for Reproductive Rights. Available online at http://apha.confex.com/apha/131am/techpro- gram/paper_69510.htm (accessed October 1, 2009). CROSS REFERENCES Adoption; Child Custody; Children’s Rights; Child Support; Family Law; Fetal Rights; in Loco Parentis; Juvenile Law; Parent and Child; Schools and School Dist ricts; Welfare; Wrongful Birth; Wrongful Pregnancy. INFERENCE In the law of evidence, a truth or proposition drawn from another that is supposed or admitted to be true. A process of reasoning by which a fact or proposition sought to be established is deduced as a logical consequence from other facts, or a state of facts, already proved or admitted. A logical and reasonable conclusion of a fact not presented by direct evidence but which, by process of logic and reason, a trier of fact may conclude exists from the established facts. Inferences are deductions or conclusions that with reason and common sense lead the jury to draw from facts which have been established by the evidence in the case. INFERIOR COURT This term may denote any court subordinate to the chief appellate tribunal in the particular judicial system (e.g., trial court); but it is also commonly used as the designation of a court of special, limited, or statutory jurisdiction, whose record must show the existence and attaching of jurisdiction in any given case. INFIRMITY Flaw, defect, or weakness. In a legal sens e, the term infirmity is used to mean any imperfection that renders a particular transaction void or incomplete. For examp le, if a deed drawn up to transfer ownership of land contains an erroneous description of it , an infirmity exists in the transaction. INFORMATION The formal accusation of a criminal offense made by a public official; the sworn, written accusation of a crime. An information is tantamount to an indict- ment in that it is a sworn written statement which charges that a particular individual has done some criminal act or is guilty of some criminal omission. The distinguishing charac- teristic between an information and an indict- ment is that an indictment is presented by a GRAND JURY, whereas an information is presented by a duly authorized public official. The purpose of an information is to inform the accused of the charge against him, so that the accused will have an opportunity to prepare a defense. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION INFORMATION 425 INFORMATION AGENCY See U.S. INFORMATION AGENCY. INFORMATION AND BELIEF A standard phrase added to qualify a statement made under oath; a phra se indicating that a statement is made, not from firsthand knowledge but, nevertheless, in the firm belief that it is true. For example, an affidavit may be needed at some point in a lawsuit even though the individual (whether a party to or a witness in the lawsuit) who has firsthand information is out of the country on business. In many such circumstances that individual’s attorney may make an affidavit for him or her. The attorney must indicate that the individual is swearing only to facts that he or she has been told and believes to be true; in other words, on INFORMATION AND BELIEF. INFORMED CONSENT Assent to permit an occurrence, such as surgery, that is based on a complete disclosure of facts needed to make the decision intelligently, such as knowledge of the risks entailed or alternatives. The name for a fundamental principle of law that a physician has a duty to reveal what a reasonably prudent physician in the medical community employing reasonable care would reveal to a patient as to whatever reasonably foreseeable risks of harm might result from a proposed course of treatment. This disclosure must be afforded so that apatient—exercising ordinary care for his or her own welfare and confronted with a choice of undergoing the proposed treatment, alternative treatment, or none at all—can intelligently exercise judgment by reasonably balancing the probable risks against the probable benefits. INFRA [ Latin, Below, under, beneath, underneath. ] A term employed in legal writing to indicate that the matter designated will appear beneath or in the pages following the reference. INFRACTION Violation or infringement; breach of a statute, contract, or obligation. The term infraction is frequently used in reference to the violation of a particular statute for which the penalty is minor, such as a parking infraction. INFRINGEMENT The encroachment, breach, or violation of a right, law, regulation, or contract. The term is most frequently used in reference to the invasion of rights secured by copyright, patent, or trademark. The unauthorized manu- facture, sale, or distribution of an item protected by a copyright, patent, or trademark constitutes an infringement. INGROSSING The act of making a perfect copy of a particular instrument, such as a deed, lease, or will, from a rough draft so that it may be properly executed to achieve its purpose. INHERENT Derived from the essential nature of, and inseparable from, the object itself. An object that is inherently dangerous is one that possesses potential hazard by its mere existence, such as explosives. By contrast, other objects are dangerous only when used in a negligent manner, such as a pipe wrench or baseball bat. The rule of STRICT LIABILITY is applied when accidents arise from objects that are inherently dangerous. INHERIT To receive property according to the state laws of intestate succession from a decedent who has failed to execute a valid will, or, where the term is applied in a more general sense, to receive the property of a decedent by will. INHERITANCE Property received from a decedent, either by will or through state laws of intestate succession, where the decedent has failed to execute a valid will. INITIATIVE A process of a participatory democracy that empowers the people to propose legislation and to enact or reject the laws at the po lls independent of the lawmaking power of the governing body. The purpose of an initiative, which is a type of election commenced and carried out by the people, is to permit the electorate to resolve GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 426 INFORMATION AGENCY U.S. Department of Justice Federal Bureau of Prisons A. Information about the study (to be filled out by the researcher). Using everyday language, provide a clear and concise description of the study covering each of the following areas in a separate section or paragraph. You should modify the format and specific details in order to best represent your research project. The language used should be clearly written and easy to read with a ninth grade or lower vocabulary level. 1. Introduction: Researcher’s name and organizational affiliation. Title, purpose, and anticipated uses of the results of the study. If a BOP project, indicate the general authority permitting the Bureau to conduct the research [18 U.S.C. 4001(b) and 18 U.S.C.4042(a)]. See the “What is this study about and why are you doing it?” section of the example. 2. Procedures: Description of the procedures involved and the duration of the participation. Clearly describe what will happen during the study from the perspective of the participant. When needed or unclear, identify which procedures are experimental. See the “What are you asking me to do if I agree to be in this study?” section of the example. 3. Benefits: Description of possible benefits, to participants and others, to be gained from the study. Participation incentives are not considered benefits and are not allowed when the participants are inmates. See the “How will this study help me?” and the “Why should I participate in this study?” sections of the example. 4. Risks or discomforts: Description of possible risks or discomforts from participating in the study. Potential risks or discomforts may include—but are not limited to—physical risk, psychological risk, emotional risks, breach of confidentiality, etc. See the “Are there any risks or can I get hurt by being in the study?” section of the example. 5. Steps taken to alleviate risks or discomforts: Description of the steps taken to reduce the risks to the participants. For the majority of research conducted in the Bureau of Prisons, the primary risk to participants is from a breach of confidentiality. This issue should be addressed when appropriate. See the “What steps are you taking to reduce these risks or discomforts?” section of the example. 6. Required Information: If not already included, ensure the following important information is included in the consent document when appropriate. • Your participation is voluntary, and you may refuse to participate at any time without penalty. • (If inmate participants) Your decision whether or not to participate will not affect your release date or parole eligibility. • (If inmate participants) If you decide not to participate or to stop participating, you will be returned to your regular assignment as soon as possible. • (If identifiable data is obtained) All information (if exceptions, describe in the descriptive section above and note here) will be handled in the strictest confidence, and only the researchers working on the project will have access to information that is traceable to you. • (If identifiable data is obtained) The only exception to this policy of confidentiality is information about intent to commit a future crime or to hurt yourself or someone else (If other exceptions, include them as well). • Your data will be used for research purposes only, and you will not be individually identifiable in any reports or publications (if exceptions, describe in the descriptive section above and note here). • (If anonymous data) Please help us make sure you cannot be identified as a participant in this study; PLEASE DO NOT write your name or register number (if inmate) on any of the following pages. See the “What else do I need to know?” section of the example. 7. Contact Information: Provide an opportunity for participants to ask questions. For questions about the study, list an address for someone knowledgeable about the study (e.g., the researcher, the major advisor, etc.). For concerns about the study, you must note that the participants can contact the Chief Psychologist of the institution. If the Chief Psychologist is a study investigator, then the Bureau’s Research Review Board must be listed as a contact. You should note that the participant will receive a copy of the consent form if s/he chooses, or if an anonymous study, note that the participant may detach and keep the consent information if s/he chooses. See the “Whom can I contact with questions or concerns?” section of the example. [continued] INFORMED CONSENT/CONSENT TO RELEASE INFORMATION FOR RESEARCH Informed Consent/Consent to Release Information for Research A sample informed consent form. INFORMED CONSENT 427 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION . spelled endorsement. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION INDORSEMENT 419 INDUCEMENT An advantage or benefit that precipitates a parti- cular action on the part of an individual. In the law of contracts,. income. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION INFANTS 421 clothing, and medical attention). not mention the right of children to an education, every state has adopted compulsory education laws. The strides in securing education for GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION INFANTS