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The Child Vanishes: Justice Scalia's Approach To The Role Of Psychology In Determining Children's Rights And Responsibilities, Aviva Orenstein

Articles by Maurer Faculty

This Article explores how Justice Antonin Scalia’s hostility to psychology, antipathy to granting children autonomous rights, and dismissiveness of children’s interior lives both affected his jurisprudence and was a natural outgrowth of it. Justice Scalia expressed a skeptical, one might even say hostile, attitude towards psychology and its practitioners. Justice Scalia’s cynicism about the discipline and the therapists who practice it is particularly interesting regarding legal and policy arguments concerning children. His love of tradition and his rigid and unempathetic approach to children clash with modern notions of child psychology. Justice Scalia’s attitude towards psychology helps to explain his jurisprudence, …

Fostering Faith: Religion In The History Of Family Policing, Elizabeth D. Katz

UF Law Faculty Publications

Each year in the United States, approximately 700,000 children live in foster care. Many of these children are placed in religiously oriented homes recruited and overseen by faith-based agencies (FBAs). This arrangement—as well as the scope and operation of child welfare services more broadly—is at a crucial moment of reckoning. Scholars and advocates focused on children’s rights and family integrity maintain that the child welfare system, increasingly termed the “family policing system,” harms children, families, and communities through unnecessary and racist child removal that is partly motivated by perverse financial incentives. Some call for abolition. Meanwhile, in a largely separate …

Exploring Parents' Knowledge Of Dark Design And Its Impact On Children's Digital Well-Being, Claire Bessant, Luei Lin Ong, Laurel Aynne Cook, Mariea Grubbs Hoy, Beatriz Pereira, Alexa Fox, Emma Nottingham, Stacey Steinberg, Pingping Gan

UF Law Faculty Publications

Dark design (also known as deceptive design; Colin et al., 2018 and dark patterns; Mathur et al., 2019) is evidenced by “a user interface carefully crafted to trick users into doing things they might not otherwise do” (Brignull, 2022; page 1). Much dark design is constructed with monetization as the primary goal- even in spaces without ecommerce design (e.g., free-to-play apps representing >95% of all mobile apps; Fitton et al. 2021). Many recent dark design strategies are also oriented towards collecting user information. Concerns about children’s vulnerability to inappropriate online marketing and economic fraud, and the impact of organisational data …

The Child Vanishes: Justice Scalia’S Approach To The Role Of Psychology In Determining Children’S Rights And Responsibilities, Aviva Orenstein

FIU Law Review

Justice Scalia’s attitudes about children and psychology reveal fascinating patterns in his thinking about the rights, responsibilities, needs, and experiences, of children. With his famous wit and acerbic style fully on display, Justice Scalia’s opinions across various legal doctrines demonstrated hostility to the science of psychology and its practitioners, as well as a callous attitude towards children’s trauma. Contemptuous of a best- interests analysis and the professionals who counsel about those interests, Justice Scalia instead emphasized parental and state power over children and tended to advocate for child protection only when it limited children’s agency and freedom. This article demonstrates …

Family Moves And The Future Of Public Education, Elizabeth Chu, James S. Liebman, Madeleine Sims, Tim Wang

Faculty Scholarship

State laws compel school-aged children to attend school while fully funding only public schools. Especially following the COVID-19 pandemic, this arrangement is under attack — from some for unconstitutionally coercing families to expose their children to non-neutral values to which they object and from others for ignoring the developmental needs of students, particularly students of color and in poverty whom public schools have long underserved. This Article argues that fully subsidized public education is constitutional as long as public schools fulfill their mission to model and commit people to liberal democratic values of tolerance and respect for all persons as …

End Crime With Harm? Castration For Sexual Offenders In Hong Kong, Max Hua Chen

San Diego International Law Journal

The issue of post-conviction treatment of sex offenders has been the subject of debate and changes to State legislation, particularly in respect of paedophile offences. One such treatment method is through chemical or physical castration on either a mandatory or a voluntary basis. In this regard, some States have implemented these measures for certain paedophile offences. Hong Kong (HK) has no such laws in place. Researchers such as William Winslade and his colleagues highlighted that whilst paedophilia may not be a stringently defined condition, it is one which involves a “reinforcing [pattern] of sexual behaviors,” with the result that sexual …

J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer

Golden Gate University Law Review

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

Tinjauan Viktimologis Dan Yuridis Atas Eksploitasi Seksual Terhadap Anak Victimological And Juridical Review Of Commercial Exploitation Against Children, Ananda Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The International Labor Organization estimates that 30% of 240,000 commercial sex workers in Indonesia in 2017 are children under 18 years. Considering mentioned number, this paper discusses the aspect of victimology and legislation in the hope of being able to answer the question of how protection should be for children in the crime of sexual exploitation. The research method used is the normative legal method in which the writer tries to refer to the norms of criminal law and victimology in general. With the above regulations, the discussion on the principle of systematische specialiteit must be underlined to assess which …

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

On Account Of Youth: Winning Asylum For Children, Linda Kelly

University of Cincinnati Law Review

No abstract provided.

Resurrecting Arbitrariness, Kathryn E. Miller

Articles

What allows judges to sentence a child to die in prison? For years, they did so without constitutional restriction. That all changed in 2012’s Miller v. Alabama, which banned mandatory sentences of life without parole for children convicted of homicide crimes. Miller held that this extreme sentence was constitutional only for the worst offenders—the “permanently incorrigible.” By embracing individualized sentencing, Miller and its progeny portended a sea change in the way juveniles would be sentenced for serious crimes. But if Miller opened the door to sentencing reform, the Court’s recent decision in Jones v. Mississippi appeared to slam it …

Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children, Marlee Rowe

Arkansas Law Notes

Child abuse is a public health problem affecting millions of children across the United States. Many states have adopted hearsay exceptions to prevent child victims of abuse from being forced to testify in front of their abusers. However, not all states provide these protections, and the exceptions vary widely from state to state. Because many states draft their rules of evidence to accord with the Federal Rules of Evidence, Congress should enact a hearsay exception on the federal level to promote uniformity and to ensure child victims of abuse are protected from further traumatization, regardless of what state they live …

Marketing Research And Children’S Consumer Privacy Rights: A Battle In The Digital Age, Hadley Johnson

Child and Family Law Journal

Advancements in technology and social media have led to a decreased level of personal data privacy. Companies are now provided with limitless ways to extract information about their customers, even without their knowledge. This is especially concerning when it is the personal information of a child that is being collected, as in the United States, few regulations exist to protect them on social media. Even fewer regulations exist to protect children between the ages of thirteen and seventeen. The purpose of this Note is to discuss the importance between market research practices and children’s consumer privacy rights in the digital …

Floridians' Right To Choose Or Refuse Vaccinations, Patrick E. Tolan Jr.

Child and Family Law Journal

Every state must strike the right balance between an individual's freedom to make medical choices and the state's role in protecting the public health and the welfare of its people. Florida, by and through its Constitution, has afforded heightened protections for individual self-determination over medical treatment decisions and evaluates infringement of these private medical rights with strict scrutiny. This article is about legal rights for adults to obtain or refuse vaccines and for parents to decide the timing or administration of any vaccine or group of vaccines proposed for their school-aged, preschool, newborn, or unborn children.

I argue that States …

Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer

Child and Family Law Journal

In child custody litigation, when a parent raises the possibility of child abuse, the accused parent may respond that the parent wo has raised the possibility of abuse is alienating the child in an effort to gain an unfair advantage in court. The parent accused of abuse may offer expert testimony on parental alienation. A voluminous and contentious social science literature exists on parental alienation. Family law attorneys often lack ready access to social science literature. The purpose of this article is to give family law attorneys information from the parental alienation literature that can be used to cross-examine experts …

Covid-“14-17”: A Case For Florida Teens To Choose The Covid Vaccine Without Requiring Parental Consent, Kait Ramsay

Child and Family Law Journal

The novel COVID-19 pandemic has created a huge disruption to almost everyone, forcing many individuals to adapt to entirely new ways of life. In the United States, COVID safety protocols and restrictions, such as mask and vaccine mandates, have been met with huge political polarization and resistance.[1] Even as COVID variants have kept infections in a perpetual cycle of rising and falling, Florida has lifted mask mandates for businesses and schools, and its governor has been one of the largest vocal opponents to requiring vaccines for school attendance.[2] Furthermore, with the passing of Florida’s Parental Consent for Health …

How To Protect Special Education During Covid-19: From The Courts To The Capitol, Sarah Coleman

University of Miami Race & Social Justice Law Review

The COVID-19 pandemic has forced students around the country out of brick-and-mortar schools and into virtual classrooms. While the switch to remote learning has helped keep students and teachers safe from contracting the virus, students with disabilities have largely been deprived of a meaningful education and in person services mandated under federal law. This essay will explain how students have been denied a free appropriate public education (FAPE) under the Individuals with Disabilities Act (IDEA), how litigation has been unsuccessful in creating systemic change for these students, and how public policy by U.S. legislators can offer a solution.

Gender Responsive Reentry: Supporting Mothers And Their Children, Michaela Bruder, Ally Malueg, Neve Patterson, Courtney Schallock

Master of Social Work Student Policy Advocacy Briefs

The unique needs and experiences of women with children are not reflected in Minnesota’s state reentry approach or federal reentry approach. The number of women in the correctional system has been steadily rising, which means more women, many of them mothers, are returning to their families and communities without the programming and supports needed to successfully resume their roles as parent and provider. Minnesota must invest in a gender-responsive reentry approach tailored specifically to the needs of women with children.

The Global Practice Of Systematic Enforced Disappearances Of Children In International Law: Strategies For Preventing Future Occurrences And Solving Past Cases, Jeremy J. Sarkin, Elisenda Calvet Martinez

Catholic University Law Review

The aim of this article is to first investigate and understand the widespread and systematic practice of enforced disappearances against children around the world, with a key purpose being to show that it is a regular occurrence. The article reviews the systematic disappearances of children in their historical context, beginning from the Second World War. A variety of country examples –some historical and some contemporary –are discussed to indicate the widespread nature of the practice. The variety of cases is used to understand why states participate in such practices and why children specifically are targeted as victims of enforced disappearances. …

A Proposal For Paid Family Leave In Utah, Erin Wong

Student Works

When a woman gives birth, the arrival of that child will have a statistically significant negative impact on that woman’s employment, earning potential, health, and overall wellbeing. The arrival of a child has no statistically significant impact on men’s employment, earning potential, or overall health and wellbeing. The labor force experiences a drain of talent and productivity when mothers leave the market in large numbers after having a child. Many mothers who wish to remain the workforce after childbirth are faced with the impossible choice of their child’s health or their own job and earning potential. Many fathers or partners …

Minnesota's Children: The True Cost Of Minnesota's Lead Problem, Kaitlin Yira

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Let's Talk: An Analysis Of The Psychological And Emotional Impacts Of The Police Talk On Black Children, Kaila T. Glover Dodson

Scripps Senior Theses

The ‘Talk’ is a conversation (or series of conversations) that Black children receive from parents, grandparents, and other guardians and caretakers in their life. The conversation consists of informing them on behaviors to adopt as well as a script to recite should they encounter the police or any other agent of the law. Very little research has been done on the Talk yet alone the impact it has on Black children. Pulling from research on racial socialization, moral development, and the impact of racism on one’s well being, the purpose of this study is to explore how Black children are …

The Foundational Care Crisis, Stephanie M. H. Moore

FIU Law Review

This article examines the care crisis as the systemic issue that it is—starting from my personal story—because my story is the story of many women—and many caregivers. Teaching business law and ethics to undergraduates, I often encounter a primary question: what is the role of social issues in a business course? Sometimes students struggle with this initial hurdle of understanding why we study diversity, equity, inclusion, and justice in the workplace. Why—for example—would we focus on lack of family leave as a primary barrier a successful business. The second question is—of course—what can we do? Social and societal issues are …

Freedom To Morph? An Analysis Of Morphed Imagery, Child Pornography, And The First Amendment, Katie H. Jung

Catholic University Journal of Law and Technology

This article examines the current law related to child pornography and how it leaves a gap for morphed imagery to flourish. The jurisprudence in this area is insufficient to keep up with the changing technology which allows children to be portrayed in morphed imagery and argues that this should not fall within First Amendment protection. The Supreme Court has made it clear that protecting children is an exceedingly important interest and that traditional child pornography falls outside of what was traditionally considered to be protected First Amendment speech. This article argues that the Circuit Split, should the Supreme Court take …

Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: Announcing The 2nd Annual Rbg Contest For K-12 Students 10-27-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher

Master of Arts in Criminal Justice Leadership

The purpose of this project is to bring awareness to the silent victims associated with parental incarceration – their children. Throughout this project, the focus will be aimed towards promoting the education of the effects of parental incarceration and the impact it has on their children in a variety of compacities and how those settings influence incarceration amongst children of incarcerated parents. In addition, this paper will discuss parental incarceration in three different lens views: administrative, ethical, and legal. First, the administrative lens pertaining to leadership and evolution to successful leadership, especially the critical component of crisis communication strategy. Second, …

“I Want Justice From People Who Did Bad Things To Children”: Experiences Of Justice For Sex Trafficking Survivors, John G. Morrissey, James Havey, Glenn M. Miles, Nhanh Channtha, Lim Vanntheary

Dignity: A Journal of Analysis of Exploitation and Violence

This research from the Butterfly Longitudinal Research Project focused on understanding the experiences and perceptions of justice and the justice system for 93 Cambodia participants (including 88 survivors of sex trafficking) as they navigated the legal system. Thirty-two of these survivors had experiences in court and provided details into their courtroom experiences, predominantly within Cambodia but also in the United States. The survivors’ experiences were diverse; however, the prevailing themes were: fear throughout their legal journeys; a low level of awareness and understanding of their legal experiences; and that NGO support was essential for these survivors to engage in the …

A Q&A With Homeschooling Reform Advocates Elizabeth Bartholet And James Dwyer, Elizabeth Bartholet, James Dwyer

Popular Media

Elizabeth Bartholet, Morris Wasserstein Public Interest Professor and Faculty Director of the Child Advocacy Program (CAP), and James Dwyer, the Arthur B. Hanson Professor of Law at William & Mary Law School, were interviewed by Harvard Law Today about their virtual conference titled, Homeschool Summit: Problems, Politics, and Prospects for Reform. The June event was attended by leaders in education and child welfare policy, legislators and legislative staff, academics and policy advocates, medical professionals, homeschooling alumni, and others, to discuss children’s rights in connection with homeschooling in the United States.

Law School News: A Juneteenth Message From The Dean, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.