Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Entire DC Network

Doe Not Worry: Expanding Protections For Unaccompanied Children, Heidi E. Davis Jan 2024

Doe Not Worry: Expanding Protections For Unaccompanied Children, Heidi E. Davis

Indiana Journal of Law and Social Equality

A recent Fourth Circuit decision created a circuit split regarding the standard applied to constitutional violations in secure holding facilities. The more “liberal” professional judgment standard—as promulgated by Youngberg v. Romeo and applied to unaccompanied immigrant minors in Doe 4 ex rel. Lopez—is necessary but insufficient for the protection of unaccompanied children. This Note first examines the origins of the professional judgment standard in the Youngberg case. Then, cases are surveyed showing that the Supreme Court has recognized children as a vulnerable population, and current regulations, legislation, and court opinions recognize the vulnerabilities of unaccompanied children. With these ideas in …


Don't Mess With Texans' Rights: Protecting Transgender Youth From The Paternalistic Policies Of State Executives, Mary Franklin Jan 2024

Don't Mess With Texans' Rights: Protecting Transgender Youth From The Paternalistic Policies Of State Executives, Mary Franklin

Indiana Journal of Law and Social Equality

Texas Attorney General Ken Paxton issued an opinion in 2022 detailing how gender-affirming care for transgender minors constituted child abuse under the Texas Family Code. As a result of this opinion, multiple families of trans teens engaging in various forms of gender-affirming care were investigated by the Texas Department of Family and Protective Services. This Article applies the constitutional standards imposed by the equal protection clause, substantive due process, and parental authority to Paxton’s recommendation, using both the U.S. and Texas Constitutions. Ultimately, this Article concludes that Paxton’s opinion fails to meet these constitutional standards and recommends action from the …


There’S Nothing Worse Than Losing To A Girl: An Analysis Of Sex Segregation In American Youth Sports, Julia Konieczny Jan 2020

There’S Nothing Worse Than Losing To A Girl: An Analysis Of Sex Segregation In American Youth Sports, Julia Konieczny

Indiana Journal of Law and Social Equality

No abstract provided.


Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions, Carolyn Haney Jan 2020

Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions, Carolyn Haney

Indiana Journal of Law and Social Equality

No abstract provided.


The "Once An Adult, Always An Adult" Doctrine: More Harm Than Good, Kaitlin Pegg May 2015

The "Once An Adult, Always An Adult" Doctrine: More Harm Than Good, Kaitlin Pegg

Indiana Journal of Law and Social Equality

This Note focuses on the negative effects of the “once an adult, always an adult” doctrine, one mechanism through which juveniles convicted of a crime can be transferred to adult court. The doctrine, enacted in a majority of states, provides that children who have been previously transferred to adult court by a judge or prosecutor, or because of statutory exclusion of certain crimes from juvenile jurisdiction, will be transferred for all subsequent crimes, regardless of severity.

When juveniles convicted of crimes are transferred to the adult court system, they are subject to a wide array of harsh punishments unavailable in …