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Articles 1 - 5 of 5
Full-Text Articles in Law
To Testify Or Not To Testify: A Comparative Analysis Of Australian And American Approaches To Parent-Child Testimonial Exemption, Hillary B. Farber
To Testify Or Not To Testify: A Comparative Analysis Of Australian And American Approaches To Parent-Child Testimonial Exemption, Hillary B. Farber
Faculty Publications
This article begins, in Part I, by explaining the history of the parent-child privilege in the United States. In Part II, the article turns to the Australian experience, looking at the origins of the parent-child testimonial exemption and where it is today. Part III explains how in Australia the restorative approach to juvenile offending and the parent-child testimonial exemption work in tandem to promote, preserve, and strengthen family stability. In Part IV, the article argues that the United States' increased use of the restorative justice practices among young offenders provides traction for recognizing a parent-child privilege because of the mutually …
Do You Swear To Tell The Truth, The Whole Truth, And Nothing But The Truth Against Your Child?, Hillary B. Farber
Do You Swear To Tell The Truth, The Whole Truth, And Nothing But The Truth Against Your Child?, Hillary B. Farber
Faculty Publications
Currently in the United States there is no federally recognized parent-child privilege. The U.S. Supreme Court has never granted certiorari in a case involving the recognition of a parent-child privilege. For many, it is a revelation to learn that the government can compel testimony about communications and observations between parents and their children. Scholars have written about the social policy implications caused by the lack of parent–child privilege. In spite of these thoughtful policy-based arguments, neither Congress nor forty-six state legislatures have responded by recognizing even a limited form of a parent-child privilege. This Article singles out one specific context …
Joining The Legal Significance Of Adolescent Development Capacities With The Legal Rights Provided By In Re Gault, Hilary B. Farber, Donna M. Bishop
Joining The Legal Significance Of Adolescent Development Capacities With The Legal Rights Provided By In Re Gault, Hilary B. Farber, Donna M. Bishop
Faculty Publications
Our discussion is presented in seven parts. In Part I, we briefly sketch historical conceptions of adolescence and its relationship to foundational principles of the juvenile court, and juvenile court practice from its inception in the late nineteenth century through the mid-1960s. In order to more fully appreciate both the strengths and weaknesses of the Gault decision, we pay special attention to the larger social and legal context in which the case was decided. Part II is devoted to a discussion of Gault. We argue that although Gault represents a valiant attempt to impose the rule of law on …
The Role Of The Parent/Guardian In Juvenile Custodial Interrogations: Friend Or Foe?, Hillary B. Farber
The Role Of The Parent/Guardian In Juvenile Custodial Interrogations: Friend Or Foe?, Hillary B. Farber
Faculty Publications
Part II briefly sets out the historical context of juvenile delinquency proceedings before and after the landmark U.S. Supreme Court case In re Gault. Part III discusses the two current approaches to assessing the validity of a juvenile's waiver. Part IV examines three inadequacies with the parent/guardian advisor: (1) the standardless approach with which courts assess their appropriateness; (2) the inadequacy with which adults understand Miranda; and (3) the conflicts of interest that arise in this context. Part V analogizes to the abortion and paternity contexts to support the argument that lawyers should act as primary advisors to …
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
Faculty Publications
Thousands of foreign-born children enter the United States every year. Many, particularly those crossing at the Mexican border, arrive without legal immigration status and unaccompanied by adults. Once here, these children have certain rights under the Constitution and the immigration laws of this country. Their primary right is to a deportation hearing. Under the current procedures used by Immigration and Naturalization Service (INS), however, these children are encouraged to waive that right and "elect" voluntary departure. The voluntary departure process requires that they admit to having entered the country illegally, choose the country to which they will return, and leave …