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Full-Text Articles in Law
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
Brigham Young University Journal of Public Law
A little over a century after the creation of the first juvenile court in America, the states and the federal government continue to try to find an effective and practical solution to juvenile delinquency. Beginning with the “Best Interest of the Child Standard” in 1899, juvenile justice policy has evolved into a mixed bag of philosophies. State statutes littered with “Best Interest” rhetoric, have interestingly resulted in state policies that are retributive in nature and disproportionately affect minority communities. The disconnect between theory and practice is the product of decades of socio-political influence on juvenile justice policy as well as …
Title Ix And The Dear Colleague Letter: An Ounce Of Prevention Is Worth A Pound Of Cure, Nick Rammell
Title Ix And The Dear Colleague Letter: An Ounce Of Prevention Is Worth A Pound Of Cure, Nick Rammell
Brigham Young University Education and Law Journal
No abstract provided.
Creating Crimmigration, César Cuahtémoc García Hernández
Creating Crimmigration, César Cuahtémoc García Hernández
BYU Law Review
No abstract provided.
Mercy In Immigration Law, Allison Brownell Tirres
Mercy In Immigration Law, Allison Brownell Tirres
BYU Law Review
What role should mercy play in immigration law? This Article draws on the robust debate in the criminal law about the role of mercy in the hopes of starting a conversation among immigration law scholars and practitioners. Mercy skeptics argue that mercy contravenes justice, while advocates argue that mercy is a necessary countermeasure to the unrelenting harshness of criminal law today. I argue that the problems of mercy in the criminal law are amplified in the immigration law context. The lack of procedural and substantive protections for immigrants, the acceptance of unfettered discretion and lack of oversight of agency action, …