Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Family Law (55)
- Criminal Law (39)
- Civil Rights and Discrimination (26)
- Law and Society (26)
- Courts (22)
-
- Human Rights Law (21)
- Criminal Procedure (20)
- Constitutional Law (18)
- Law Enforcement and Corrections (17)
- Education Law (16)
- Law and Race (15)
- Social Welfare Law (15)
- Social and Behavioral Sciences (14)
- Jurisprudence (13)
- Disability Law (12)
- Fourteenth Amendment (12)
- Legislation (12)
- Other Law (12)
- Legal Studies (11)
- State and Local Government Law (11)
- Administrative Law (10)
- Health Law and Policy (10)
- Law and Psychology (10)
- Legal Remedies (10)
- Public Law and Legal Theory (10)
- Supreme Court of the United States (10)
- Elder Law (9)
- Immigration Law (9)
- Institution
-
- Loyola University Chicago, School of Law (19)
- Seattle University School of Law (8)
- University of Michigan Law School (8)
- Barry University School of Law (7)
- Washington and Lee University School of Law (7)
-
- Columbia Law School (6)
- University of Maryland Francis King Carey School of Law (5)
- Northwestern Pritzker School of Law (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- University of Arkansas at Little Rock William H. Bowen School of Law (4)
- University of Georgia School of Law (4)
- Golden Gate University School of Law (3)
- University of Florida Levin College of Law (3)
- University of Nebraska - Lincoln (3)
- Boston University School of Law (2)
- Brooklyn Law School (2)
- Loyola Marymount University and Loyola Law School (2)
- Maurer School of Law: Indiana University (2)
- Notre Dame Law School (2)
- University of Washington School of Law (2)
- American University Washington College of Law (1)
- Arcadia University (1)
- City University of New York (CUNY) (1)
- Concordia University St. Paul (1)
- Duquesne University (1)
- Georgia Southern University (1)
- Georgia State University College of Law (1)
- Mercer University School of Law (1)
- Merrimack College (1)
- Mitchell Hamline School of Law (1)
- Keyword
-
- Children (12)
- Child welfare (9)
- Foster care (7)
- Constitution (5)
- Education (5)
-
- Parents (5)
- Child abuse (4)
- Juvenile (4)
- Juvenile Justice (4)
- Juvenile justice (4)
- Juveniles (4)
- Public health (4)
- Trauma (4)
- Age (3)
- Evidence (3)
- Families (3)
- Immigration (3)
- Jail (3)
- Law (3)
- Miller v. Alabama (3)
- United States Supreme Court (3)
- 26th Amendment (2)
- Adolescent (2)
- Age of majority (2)
- COVID-19 (2)
- Central Park Five (2)
- Children's rights (2)
- Contactless (2)
- Coronavirus (2)
- Courts (2)
- Publication
-
- Children's Legal Rights Journal (19)
- Child and Family Law Journal (7)
- Faculty Scholarship (7)
- Seattle University Law Review (6)
- Washington and Lee Journal of Civil Rights and Social Justice (5)
-
- Georgia Law Review (4)
- Journal of Race, Gender, and Ethnicity (4)
- Northwestern Journal of Law & Social Policy (4)
- University of Arkansas at Little Rock Law Review (4)
- Articles (3)
- UF Law Faculty Publications (3)
- C-DRUM Publications (2)
- Center on Children, Families, and the Law: Faculty Publications (2)
- Faculty Publications (2)
- Indiana Journal of Law and Social Equality (2)
- Journal Articles (2)
- Loyola of Los Angeles Law Review (2)
- Seattle Journal for Social Justice (2)
- University of Maryland Law Journal of Race, Religion, Gender and Class (2)
- University of Michigan Journal of Law Reform (2)
- Washington Law Review (2)
- American University Law Review (1)
- Book Chapters (1)
- Books and Chapters (1)
- CUP Ed.D. Dissertations (1)
- Center for Gender & Sexuality Law (1)
- Center for Health Law Policy and Bioethics (1)
- Criminology Student Work (1)
- Duquesne Law Review (1)
- Faculty Books (1)
- Publication Type
- File Type
Articles 1 - 30 of 122
Full-Text Articles in Juvenile Law
Reimagining Criminal Justice: Black And Brown Youthin Gang Database Are Guilty Until Proven Innocent, Irish Tapia
Reimagining Criminal Justice: Black And Brown Youthin Gang Database Are Guilty Until Proven Innocent, Irish Tapia
Reimagining Criminal Justice
Young men of color growing up across this nation face a hurdle most of us will never have to imagine. If a student of color is not diverted to the criminal justice system, suspended or expelled, they might nonetheless be labeled and marked as having gang affliations, based solely on the discretion of local law enforcement.This ‘identity’ has significant long-term consequences. The “shared gang database” is real. Individuals named in the database do not have to agree to be listed, and they also do not have control over getting off it. A young man of color in a public school, …
Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan
Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan
Articles
Few medico-legal matters have generated as much controversy--both in the medical literature and in the courtroom--as Shaken Baby Syndrome (SBS), now known more broadly as Abusive Head Trauma (AHT). The controversies are of enormous significance in the law because child abuse pediatricians claim, on the basis of a few non-specific medical findings supported by a weak and methodologically flawed research base, to be able to “diagnose” child abuse, and thereby to provide all of the evidence necessary to satisfy all of the legal elements for criminal prosecution (or removal of children from their parents). It is a matter, therefore, in …
Irreparably Corrupt And Permanently Incorrigible: Georgia’S Procedures For Sentencing Children To Die In Prison, Rachel Ness-Maddox
Irreparably Corrupt And Permanently Incorrigible: Georgia’S Procedures For Sentencing Children To Die In Prison, Rachel Ness-Maddox
Mercer Law Review
Right now, two teenagers live in Georgia prisons, knowing they will be incarcerated for the rest of their lives.Countless adults are serving sentences of life without the possibility of parole (LWOP) for crimes they, too, committed when they were teenagers. It is difficult to find in officially‑reported data adults serving sentences they received for crimes they committed while children. This is because, once the two teenagers specifically noted in the Georgia Department of Corrections’ Inmate Statistical Profileturn twenty, they will move to the next data bracket for imprisoned people between the ages of twenty and twenty‑nine, just as all the …
Serving-Up The Ace: Understanding Adverse Childhood Experiences (“Ace”) In Dependency Adoption Through The Lens Of Social Science, Cynthia G. Hawkins, Taylor Scribner
Serving-Up The Ace: Understanding Adverse Childhood Experiences (“Ace”) In Dependency Adoption Through The Lens Of Social Science, Cynthia G. Hawkins, Taylor Scribner
University of Michigan Journal of Law Reform Caveat
Almost certainly, every child who enters the foster care system has endured some sort of trauma. It is unrefuted that childhood trauma correlates with mental, physical, and behavioral problems well into adulthood. In 1998, one of the first major studies of the relationship between certain forms of childhood trauma and adult behavior and disease was reported. Collectively, these traumas are called “Adverse Childhood Experiences” (ACE).
Today ACE refers to ten common forms of trauma that individuals may have experienced as children. To put this issue in perspective, it is currently estimated that 34.8 million children in the United States are …
Invisible Article Iii Delinquency: History, Mystery, And Concerns About “Federal Juvenile Courts”, Mae C. Quinn, Levi T. Bradford
Invisible Article Iii Delinquency: History, Mystery, And Concerns About “Federal Juvenile Courts”, Mae C. Quinn, Levi T. Bradford
Washington and Lee Journal of Civil Rights and Social Justice
This essay is the second in a two-part series focused on our nation’s invisible juvenile justice system—one that operates under the legal radar as part of the U.S. Constitution’s Article III federal district court system. The first publication, Article III Adultification of Kids: History, Mystery, and Troubling Implications of Federal Youth Transfers, examined the little-known practice of prosecuting children as adults in federal courts. This paper will look at the related phenomenon of juvenile delinquency matters that are filed and pursued in our nation’s federal court system.
To date, most scholarship evaluating youth prosecution has focused on our country’s juvenile …
No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez
No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Life Is A Highway: Addressing Legal Obstacles To Foster Youth Driving, Lucy Johnston-Walsh
Life Is A Highway: Addressing Legal Obstacles To Foster Youth Driving, Lucy Johnston-Walsh
Faculty Scholarly Works
The simple and relatively mundane act of driving a car, which many of us take for granted, can have a profound impact on many aspects of adulthood. The ability to drive a car can provide a means to pursue education and employment, to earn income, and to ultimately obtain independence. As a young adult, a car is often the first acquired asset, which leads to developing credit history for other major life purchases. Owning a car may also be a significant contributor to a person’s economic wellbeing and future buying power. Yet the simple act of driving a car is …
More Than The Vote: 16-Year-Old Voting And The Risks Of Legal Adulthood, Katharine B. Silbaugh
More Than The Vote: 16-Year-Old Voting And The Risks Of Legal Adulthood, Katharine B. Silbaugh
Faculty Scholarship
Advocates of 16-year-old voting have not grappled with two significant risks to adolescents of their agenda. First, a right to vote entails a corresponding accessibility to campaigns. Campaign speech is highly protected, and 16-year-old voting invites more unfettered access to minors by commercial, government, and political interests than current law tolerates. Opening 16-year-olds to campaign access undermines a considered legal system of managing the potential exploitation of adolescents, which sometimes includes direct regulation of entities and also gives parents authority in both law and culture to prohibit, manage, or supervise contacts with every kind of person interested in communicating with …
Compassion: The Necessary Foundation To Reunify Families Involved In The Foster Care System, Katherine Markey, Vivek Sankaran
Compassion: The Necessary Foundation To Reunify Families Involved In The Foster Care System, Katherine Markey, Vivek Sankaran
Articles
Compassion plays a critical role in ensuring that stakeholders can engage with, and support parents trying to reunify with kids in the foster care system. This Article will explore the compassion crisis in foster care, will present the research documenting the impact of compassion on engaging families, and will identify key steps stakeholders can take to incorporate compassion into their work.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Restorative Practices In Baltimore City Schools: Research Updates And Implementation Guide, Open Society Institute-Baltimore, Deborah Thompson Eisenberg, Anastasia W. Smith
Restorative Practices In Baltimore City Schools: Research Updates And Implementation Guide, Open Society Institute-Baltimore, Deborah Thompson Eisenberg, Anastasia W. Smith
C-DRUM Publications
Baltimore City Public Schools (City Schools) and other school districts across the United States are implementing restorative practices (RP) to improve school climate by building meaningful relationships in school communities, reframing school discipline, and supporting student safety, well-being, and success. This transformational approach centers student voice and agency, and enhances students’ engagement and participation in their own learning. The Center for Dispute Resolution at the University of Maryland Francis King Carey School of Law and Open Society Institute – Baltimore (OSI) collaborated to create The Restorative Practices in Baltimore City Public Schools: Research Updates and Implementation Guide. The purpose of …
Caregivers’ Expectations, Reflected Appraisals, And Arrests Among Adolescents Who Experienced Parental Incarceration, Cynthia J. Najdowski, Melissa Noel
Caregivers’ Expectations, Reflected Appraisals, And Arrests Among Adolescents Who Experienced Parental Incarceration, Cynthia J. Najdowski, Melissa Noel
Psychology Faculty Scholarship
This research sought to identify a potential process by which intergenerational crime occurs, focusing on the effect of parental incarceration on adolescents’ subsequent arrests. We drew from Matsueda’s work on reflected appraisals as an explanatory mechanism for this effect. Thus, the present research examined whether caregivers’ and adolescents’ expectations for adolescents’ future incarceration sequentially mediated the effect of parental incarceration on adolescents’ actual arrest outcomes. Propensity score matching was used to examine this effect in a sample of 1,735 15- to 16-year-olds using NLSY97 data. Parental incarceration was positively related to caregivers’ expectations of adolescents’ future arrest. Moreover, caregivers’ expectations …
Professor Katherine Franke Joins Supreme Court Brief Urging Limits To Religious Exemptions In Same-Sex Parenting Case, Law, Rights, And Religion Project
Professor Katherine Franke Joins Supreme Court Brief Urging Limits To Religious Exemptions In Same-Sex Parenting Case, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
New York, New York — Yesterday, Professor Katherine Franke (Faculty Director of the Law, Rights, and Religion Project and James L. Dohr Professor of Law) and 8 other scholars of law and religion filed an amicus brief with the U.S. Supreme Court in Fulton v. City of Philadelphia. The case raises the question of whether a Catholic social service agency that accepts public funding from the City of Philadelphia to provide child welfare services, can use that funding to deny services to same-sex couples seeking to adopt or foster children.
Eradicating The School-To-Prison Pipeline Through A Comprehensive Approach To School Equity, Morgan Craven, Paula Johnson, Terrence Wilson
Eradicating The School-To-Prison Pipeline Through A Comprehensive Approach To School Equity, Morgan Craven, Paula Johnson, Terrence Wilson
University of Arkansas at Little Rock Law Review
When examining the school-to-prison pipeline, most focus on issues of exclusionary discipline, the presence of police in schools, or the use of intrusive surveillance and monitoring systems. To close the pipeline, agencies, educators, and advocates must also examine other, broader factors that contribute to educational inequities. We argue in this article that eradicating the school-to-prison pipeline involves tackling the legal structures, policies, practices, and beliefs that create harmful discipline systems and other linked inequitable systems. With Arkansas schools as our illustration, we explain how inequities in discipline, funding, and school accountability create a situation primed to send students into the …
Overcoming Barriers To School Reentry For Youth Leaving Juvenile Justice Facilities, Sarah Beebe, Dustin Rynders
Overcoming Barriers To School Reentry For Youth Leaving Juvenile Justice Facilities, Sarah Beebe, Dustin Rynders
University of Arkansas at Little Rock Law Review
No abstract provided.
Toward The End Of School Policing In Texas And Arkansas, Andrew R. Hairston
Toward The End Of School Policing In Texas And Arkansas, Andrew R. Hairston
University of Arkansas at Little Rock Law Review
No abstract provided.
Juveniles Tried As Adults:The Impact Of Youth Demographic Factors On Juror Perceptions, Denieka Ellis
Juveniles Tried As Adults:The Impact Of Youth Demographic Factors On Juror Perceptions, Denieka Ellis
Student Theses
Abstract: This study explored the impact of defendant age, race and stereotypic crime on verdicts and recommended sentencing of juveniles tried as adults. Previous research shows that jurors enter trial with negative preconceptions and biases of juveniles because they are being tried within an adult venue. These negative preconceptions have led jurors to recommend harsher sentencing for juveniles rather than adults with the same defendant characteristics and criminal history. Crime type and crime severity have also been shown to impact perceptions of juvenile defendants in adult court. However, research has not yet explored the potential impact that stereotypic crime—a crime …
Making The Case For School-And-Neighborhood Desegregation Approach To Deconstructing The School-To-Prison Pipeline, Deborah Fowler, Madison Sloan, Ellen Stone
Making The Case For School-And-Neighborhood Desegregation Approach To Deconstructing The School-To-Prison Pipeline, Deborah Fowler, Madison Sloan, Ellen Stone
University of Arkansas at Little Rock Law Review
No abstract provided.
Children In Foster Care: The Odds Are Against Them, Shawna Doughman
Children In Foster Care: The Odds Are Against Them, Shawna Doughman
GGU Law Review Blog
Most child welfare reports that lead to removal of children from their homes are filed for neglect rather than abuse. Often, their parents want to take care of them, but are failing for one reason, or for many. Nonetheless, the lion’s share of the $30 billion annual budget of state and federal child welfare funding goes overwhelmingly to foster care and adoption services which remove the children from their parents, instead of to helping those families care for their own children.
THE S
The Public Health Approach To Human Trafficking Prevention, Jordan Greenbaum Md
The Public Health Approach To Human Trafficking Prevention, Jordan Greenbaum Md
Georgia State University Law Review
Sex and labor trafficking of adults and children are global public health issues that demand a public health approach to eradication. Rigorous scientific research is needed to create an evidence base that drives multi-sector collaborative prevention efforts addressing trafficking at all levels of the socioecological model. Programs need to be evaluated carefully and modified accordingly, then scaled up to disseminate critical information to the large body of people at risk of exploitation. Legal professionals have an important role to play in combatting human trafficking by educating themselves, their colleagues and clients, and the public, as well as advocating for legislative …
Social Responsibility In Advertising: Extending Protections For Children In California’S Modeling Industry, Jordyn Sifferman
Social Responsibility In Advertising: Extending Protections For Children In California’S Modeling Industry, Jordyn Sifferman
Seattle Journal for Social Justice
No abstract provided.
State V. Bassett: Washington Courts Can No Longer Sentence Juveniles To Die In Prison, Carolyn Mount
State V. Bassett: Washington Courts Can No Longer Sentence Juveniles To Die In Prison, Carolyn Mount
Seattle Journal for Social Justice
No abstract provided.
Providing A Meaningful Opportunity For Release: A Proposal For Improving Washington's Miller-Fix, Maya L. Ramakrishnan
Providing A Meaningful Opportunity For Release: A Proposal For Improving Washington's Miller-Fix, Maya L. Ramakrishnan
Washington Law Review
Miller v. Alabama1 set forth new constitutional requirements that necessitated changes in Washington State’s sentencing law for children. In response, the Washington legislature passed RCW 9.94A.730: a parole statute that presumptively releases children who committed crimes after they have served twenty years. Unless the parole board finds they are more likely than not to commit a future crime if released, the Miller-fix statute requires that eligible petitioners are released. The parole board has wide discretion in determining whether someone is more likely than not to commit a future crime because the statute provides no guidance about how to make this …
Reforming Federal Sentencing: A Call For Equality-Infused Menschlichkeit, Nora V. Demleitner
Reforming Federal Sentencing: A Call For Equality-Infused Menschlichkeit, Nora V. Demleitner
Washington and Lee Journal of Civil Rights and Social Justice
This piece, which serves as an Introduction to the Symposium Issue of the Washington and Lee Journal of Civil Rights and Social Justice, addresses both questions of pedagogy and federal sentencing. It starts by highlighting the value of a symposium on federal sentencing as a teaching, research, and advocacy tool before it turns to sentencing reform specifically.
Federal sentencing remains a highly contested area because it raises stark questions of equality and equitable treatment. Sentencing has long been unfair to minority defendants, African-Americans in particular, though the guidelines have in part mitigated racial disparities. Still the injustices perpetuated through …
Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. Mclaughlin
Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. Mclaughlin
Washington and Lee Journal of Civil Rights and Social Justice
There is no federal juvenile court system in the United States. Rather, teens can face charges in Article III courts and can be transferred to be tried and sentenced as adults in these venues. This Article is the first of two articles in the Washington and Lee Journal of Civil Rights and Social Justice seeking to shed light on the largely invisible processes and populations involved in federal youth prosecution. This Article focuses on the federal transfer and prosecution of American youth as adults. It considers constitutional and statutory law relating to these federal transfers and then considers why current …
Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy
Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy
Washington and Lee Journal of Civil Rights and Social Justice
This Note explores the intersection of parents’ rights, religious rights, state’s rights, and children’s rights. This Note analyzes the development of children’s rights and how those rights may be applied to current state religious exemption policies that affect the health of LGBTQ children. This Note will argue that in the absence of direct federal legislation to stop the harm of LGBTQ children, four possible remedies may exist to protect LGBTQ children. These remedies include states asserting parens patriae authority, children asserting substantive due process claims, children utilizing partial emancipation statutes, or children utilizing mature minor exemptions, which provide a judicial …
Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis
Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis
Journal of Law and Policy
In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of the …
“We Can’T Just Throw Our Children Away”: A Discussion Of The Term-Of-Years Sentencing Of Juveniles And What Can Be Done In Texas, Anjelica Harris
“We Can’T Just Throw Our Children Away”: A Discussion Of The Term-Of-Years Sentencing Of Juveniles And What Can Be Done In Texas, Anjelica Harris
Texas A&M Law Review
In the words of Supreme Court Justice Elena Kagan, children are different. The issue of how to sentence juvenile offenders has long been controversial. Although psychology acknowledges the connection between incomplete juvenile brain development and increased criminality, the justice system lags behind in how it handles juvenile offenders. A prime example is the case of Bobby Bostic, who at the age of sixteen was charged with eighteen offenses and sentenced to 241 years in prison. This sentence, known as a term-of-years or virtual life sentence, essentially guarantees that no matter what Bobby does or who he proves himself to be …
The Invisible Prison: Pathways And Prevention, Margaret F. Brinig, Marsha Garrison
The Invisible Prison: Pathways And Prevention, Margaret F. Brinig, Marsha Garrison
Notre Dame Law Review
In this Article, we propose a new strategy for curbing crime and delinquency and demonstrate the inadequacy of current reform efforts. Our analysis relies on our own, original research involving a large, multigenerational sample of unmarried fathers from a Rust Belt region of the United States, as well as the conclusions of earlier researchers.
Our own research data are unusual in that they are holistic and multigenerational: the court-based record system we utilized for data collection provided detailed information on child maltreatment, juvenile status and delinquency charges, child support, parenting time, orders of protection, and residential mobility for focal children …
Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott
Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott
Michigan Law Review
The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined …