Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Roger Williams University (2)
- University of Michigan Law School (2)
- Yeshiva University, Cardozo School of Law (2)
- Florida International University (1)
- Loyola Marymount University and Loyola Law School (1)
-
- Marquette University Law School (1)
- New York Law School (1)
- Pepperdine University (1)
- Singapore Management University (1)
- St. John Fisher University (1)
- St. John's University School of Law (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Maine School of Law (1)
- University of Rhode Island (1)
- Walden University (1)
- Wayne State University (1)
- Publication
-
- Online Publications (2)
- Articles (1)
- Articles & Chapters (1)
- Dignity: A Journal of Analysis of Exploitation and Violence (1)
- Faculty Publications (1)
-
- Law Faculty Research Publications (1)
- Loyola of Los Angeles Law Review (1)
- Maine Law Review (1)
- Marquette Law Review (1)
- Pepperdine Law Review (1)
- Popular Media (1)
- Pro Bono Collaborative Staff Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- School of Law Conferences, Lectures & Events (1)
- The Review: A Journal of Undergraduate Student Research (1)
- UF Law Faculty Publications (1)
- University of Michigan Journal of Law Reform (1)
- Walden Dissertations and Doctoral Studies (1)
- Works of the FIU Libraries (1)
- Publication Type
Articles 1 - 20 of 20
Full-Text Articles in Law
“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann
“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann
Popular Media
This essay is the second in an online mini forum that Just Security is hosting on the new book, Protecting Children in Armed Conflict.
Post-Accountability Accountability, Nicole Stelle Garnett
Post-Accountability Accountability, Nicole Stelle Garnett
University of Michigan Journal of Law Reform
Over the past few decades, parental choice has exploded in the United States. Yet, despite early proponents’ hopes that parental choice would eliminate the need to regulate school quality—since parents’ choices would serve an accountability function—demands to use the law to hold chosen schools accountable for their academic performance are central features of education-reform debates today. This is an opportune time to consider the issue of academic accountability and parental choice. Parental choice has gained a firm foothold in the American educational landscape. As it continues to expand, debates about accountability for chosen schools will only intensify. The questions of …
Family Law, Siyuan Chen
Family Law, Siyuan Chen
Research Collection Yong Pung How School Of Law
No abstract provided.
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Pepperdine Law Review
In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Unpacking Doj’S New Claim That Dhs Can Legally Detain Migrant Children With Their Parents For Longer Than Twenty Days, Deborah Pearlstein, Marty Lederman, Ryan Goodman
Unpacking Doj’S New Claim That Dhs Can Legally Detain Migrant Children With Their Parents For Longer Than Twenty Days, Deborah Pearlstein, Marty Lederman, Ryan Goodman
Online Publications
The Trump administration recently claimed it could not reunite migrant children with parents who are being held in ICE detention due to a court order requiring the government to release such children from custody within (at most) 20 days. The government now claims, however, that it can legally detain the children with their parents in ICE detention for much longer than 20 days. How did the government come to this position? In this post we’ll answer that question, and address a central flaw in the government’s logic.
Child Separation In The Courts, Deborah Pearlstein
Child Separation In The Courts, Deborah Pearlstein
Online Publications
Developments in the ongoing child separation crisis have come so quickly in the past week it is nearly impossible even for experts to keep track. Donald Trump’s executive order requiring an end to the child separation policy, his administration’s subsequent announcement that it would halt its “zero-tolerance” policy of prosecuting the misdemeanor offense of illegal entry, the California federal court’s Tuesday decision halting further separation and requiring currently separated families be reunified — all of these are positive developments for those concerned about the catastrophic effects of the policy on children and families. But the legal battle here is far …
My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran
My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran
Articles
You are a parent whose children are in foster care. Your court hearing is today, after which you hope your children will return home. Upon leaving the bus, you wait in line to enter the court. At the metal detectors you’re told you can’t bring your cell phone inside. With no storage options, you hide your phone in the bushes, hoping it will be there when you return.
We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro
We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro
Works of the FIU Libraries
This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.
Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …
A Product Of Childhood: Accounting For Age In The Miranda Analysis, Ariana Rodriguez
A Product Of Childhood: Accounting For Age In The Miranda Analysis, Ariana Rodriguez
Loyola of Los Angeles Law Review
One of the most polarizing areas of constitutional criminal procedure is that relating to police interrogations and confessions. While the Fifth Amendment guarantees a number of protections from self-incrimination and the inherently coercive nature of criminal investigation, these Constitutional promises are more likely to go unfulfilled when the accused is a child. This Article thoroughly examines the current law’s use of the “totality of the circumstances” test in deciding whether a valid Miranda waiver occurred or whether a juvenile has been taken into custody and, more importantly, explores why this current test remains an inadequate solution for protecting children’s Miranda …
Should Children Have A Voice In Custodial Placement?, Emily Moore
Should Children Have A Voice In Custodial Placement?, Emily Moore
The Review: A Journal of Undergraduate Student Research
The aim of this paper is to bring to attention the custodial placement of children with divorced parents. Essentially, this paper looks at the importance of involving the child in the process of deciding on a parenting schedule. This is done by examining how children are personally affected by this decision and arguments made to not involve children. Upon examination of these ideas, it becomes clear that during a divorce case children should be given the opportunity to share their opinion on the parenting schedule.
The New Law Of The Child, Anne C. Dailey, Laura A. Rosenbury
The New Law Of The Child, Anne C. Dailey, Laura A. Rosenbury
UF Law Faculty Publications
This Article sets forth a new paradigm for describing, understanding, and shaping children’s relationship to law. The existing legal regime, which we term the “authorities framework,” focuses too narrowly on state and parental control over children, reducing children’s interests to those of dependency and the attainment of autonomy. In place of this limited focus, we envision a “new law of the child” that promotes a broader range of children’s present and future interests, including children’s interests in parental relationships and nonparental relationships with children and other adults; exposure to new ideas; expressions of identity; personal integrity and privacy; and participation …
Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt
Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt
Marquette Law Review
Each year, psychological trauma arising from community and domestic violence, abuse, and neglect brings profound psychological, physiological, and academic harm to millions of American children, disproportionately poor children of color. This Article represents the first comprehensive legal analysis of the causes of and remedies for a crisis that can have lifelong and epigenetic consequences. Using civil rights and local government law, this Article argues that children’s reactions to complex trauma represent the natural symptomatology of severe structural inequality—legally sanctioned environments of isolated, segregated poverty. The sources of psychological trauma may be largely environmental, but the traumatic environments themselves are caused …
Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters
Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters
Dignity: A Journal of Analysis of Exploitation and Violence
A collection of accounts of sadomasochistic sexual abuse from news reports and scholarly and professional sources about the dark underbelly of sadomasochism and the pornography that contributes to it. It focuses on crimes and other harmful sexual behavior related to the pursuit of sadistic sexual pleasure in North America and the U.K. It is intended to be a resource to educate people about how sadomasochism can lead to harmful and even deadly sadistic sexual behavior.
Overawed And Overwhelmed: Juvenile Miranda Incomprehension, Sara P. Cressey
Overawed And Overwhelmed: Juvenile Miranda Incomprehension, Sara P. Cressey
Maine Law Review
Each year approximately one million juveniles in the United States are arrested and read the Miranda warnings. Though studies have shown that the majority of those children do not understand the warnings, most of them must decide alone whether to waive their constitutional rights— and nearly all ultimately make that choice without the help of an attorney. The Supreme Court has recognized that children differ from adults in critical ways, and those differences have important implications for juveniles’ ability to meaningfully waive their Miranda rights. To ensure that juveniles’ constitutional rights are protected, the Supreme Court should take up the …
Section 704(B)(2) - The Back Door Into Chapter 7 For The Above-Median Debtor, Laura B. Bartell
Section 704(B)(2) - The Back Door Into Chapter 7 For The Above-Median Debtor, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson
Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson
Articles & Chapters
The Immigration court is the wrong forum to consider the protection needs of migrant children. Worse still, our multiple agencies that adjudicate parts of children’s cases combined with the rapidly shifting policies are causing administrative chaos for the children and the system.
A Reflection Of Adults As Child Participants In Commercial Activities, Janette Angella Williams
A Reflection Of Adults As Child Participants In Commercial Activities, Janette Angella Williams
Walden Dissertations and Doctoral Studies
Children are being used as marketers and consumers for the purpose of financial gain. Although much research exists about children's stance as consumers, very little is known about their role as marketers. Such lack of information indicates that children's authentic voices about their experiences are seldom articulated, heard, listened to, and acted on. The purpose of this qualitative phenomenological heuristic study was to explore the lived experiences of former child participants in commercial activities in order to understand their perceptions as well as, the meaning, and impact of the experiences on their childhood development. The theoretical framework used included the …
Alternative Spring Break 2018 Report, Roger Williams University School Of Law
Alternative Spring Break 2018 Report, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Tips For Safety Planning For Children Of Undocumented Parents, Jennifer Baum
Tips For Safety Planning For Children Of Undocumented Parents, Jennifer Baum
Faculty Publications
(Excerpt)
In 2013, more than 5 million children in the United States (over 7 percent of the total U.S. child population) were living with at least one undocumented parent, according to the Migration Policy Institute. The overwhelming majority of these children (80 percent) were U.S. citizens. The Washington Post reported that more than half a million of these children's parents have in fact been deported since 2009. That's a lot of U.S. children living day to day with the sudden loss, or risk of sudden loss, of a parent through deportation.