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Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan
Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan
Faculty Scholarship
The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.
But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Joshua Gupta-Kagan
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Joshua Gupta-Kagan
Faculty Scholarship
The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other special need, excusing non-law-enforcement searches and seizures from the warrant and probable cause requirements. The United States Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not around those that threaten important noncriminal constitutional rights.
Child protection investigations illustrate the problem: millions of times each year, state child protection authorities search families' homes and seize children for interviews about alleged maltreatment. Only a minority of these investigations …