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Full-Text Articles in Law

When Juveniles Face Questioning, Tamar R. Birckhead Nov 2010

When Juveniles Face Questioning, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the age of a suspect should be considered when evaluating whether the questioning was custodial, thereby triggering the right to Miranda warnings.


Softe Praat, Efficiënte Remedies, Jenneke Christiaens Feb 2010

Softe Praat, Efficiënte Remedies, Jenneke Christiaens

Jenneke Christiaens

No abstract provided.


Punishment & Student Speech: Straining The Reach Of The First Amendment, James Ianelli Jan 2010

Punishment & Student Speech: Straining The Reach Of The First Amendment, James Ianelli

James Ianelli

No abstract provided.


Failure To Protect From Domestic Violence In Private Custody Contests, Leslie J. Harris Jan 2010

Failure To Protect From Domestic Violence In Private Custody Contests, Leslie J. Harris

Leslie J. Harris

All 50 states and the District of Columbia require courts to consider domestic violence committed by one parent against the other in resolving a custody or visitation dispute between the parents. A significant number of states also have statutes or case law that requires courts to consider the occurrence of violence in a child’s household or proposed household in resolving such disputes, regardless of who commits the violence or at whom it is directed. This kind of law may be used against a parent, often a victim, who fails to protect a child from being exposed to the violence. This …


Culture Clash: The Challenge Of Lawyering Across Difference In Juvenile Court, Tamar R. Birckhead Jan 2010

Culture Clash: The Challenge Of Lawyering Across Difference In Juvenile Court, Tamar R. Birckhead

Tamar R Birckhead

In analyzing the causes of wrongful convictions of youth in juvenile court, the role of the defense attorney can be overlooked and its importance underestimated. Although juvenile defenders are trained to advocate based on their young client‟s expressed interest rather than relying on what they deem to be in the child‟s best interest, this basic tenet is often more challenging to follow than is commonly acknowledged. The norms of effective criminal defense practice—which emphasize rigorous oral and written advocacy with little mention of whether the client has learned a lesson from the experience—stand in direct contrast to the informal culture …