Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Criminal Child Neglect And The "Free Range Kid": Is Overprotective Parenting The New Standard Of Care?, David Pimentel
Criminal Child Neglect And The "Free Range Kid": Is Overprotective Parenting The New Standard Of Care?, David Pimentel
David Pimentel
In the last generation, American parenting norms have shifted strongly in favor of Intensive Parenting, placing particular emphasis on protecting children from risks of harm. Recently, a backlash to this trend has emerged. “Free Range” parenting is based on the concern that coddling children through overprotection inhibits the development of their independence and responsibility. Indeed, a growing body of literature suggests that parental overreaction to remote and even illusory risks of physical harm is exposing children to far more serious risks to their well-being and development. But the powerful influence of media has sensationalized the risks to children, skewing popular …
Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel
Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel
David Pimentel
Dramatically expanded use of federal forfeitures since the 1980s has raised persistent concerns about government overreaching in the seizure of private property. The Supreme Court failed to address the problem in Bennis v. Michigan (1996), upholding the forfeiture of property of an entirely innocent owner, relying on the ancient and unconvincing principle that the property itself is guilty. Congress stepped in to curb law enforcement’s worst abuses of this lucrative practice in 2000, but the Civil Asset Forfeiture Reform Act was a patchwork effort that tweaked the rules without revisiting the unsatisfying policies behind them. Thus a comprehensive, policy-based re-examination …