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Full-Text Articles in Juvenile Law
Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr
Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr
Articles
United States immigration law and procedure frequently ignore the plight of children directly affected by immigration proceedings. This ignorance means decision-makers often lack the discretion to protect a child from persecution by halting the deportation of a parent, while parents must choose between abandoning their children in a foreign land and risking the torture of their children. United States immigration law systematically fails to consider the best interests of children directly affected by immigration proceedings. This failure has resulted in a split among the federal circuit courts of appeals regarding whether the persecution a child faces may be used to …
"I'Ll Try Anything Once": Using The Conceptual Framework Of Children's Human Rights Norms In The United States, Bernardine Dohrn
"I'Ll Try Anything Once": Using The Conceptual Framework Of Children's Human Rights Norms In The United States, Bernardine Dohrn
University of Michigan Journal of Law Reform
International human rights law provides norms, concepts, and standards of immediate and practical value to attorneys for court-involved children in the United States. The conceptual framework of the comprehensive rights of the child is broadly congruent with, or closely related to, the strongest aspects of US. constitutional law and practice. The expansive language of children's human rights offers an historic opportunity: new tools and a more comprehensive context in which to change how we think about young people in conflict with the law, children in state custody, and children in related legal settings. The challenge is to use these fresh …
Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky
Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky
University of Michigan Journal of Law Reform
This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …