Brigham Young University Law School
University of Florida Levin College of Law
Seattle University School of Law
Marshall University
Georgetown University Law Center
Boston College Law School
Michigan State University College of Law
Schnedler V. Lee: Some (Re)Assembly Required,
2019
University of Oklahoma College of Law
Schnedler V. Lee: Some (Re)Assembly Required, Victoria Johnson
Oklahoma Law Review
No abstract provided.
Children’S Welfare And The State’S Fiduciary Responsibility,
2018
William & Mary Law School
Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer
Popular Media
No abstract provided.
Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime,
2018
University of Pennsylvania
Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad
Faculty Scholarship at Penn Law
The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as a ...
Which Side Are You On?,
2018
William & Mary Law School
In Defense Of Hearth And [Foster] Home: Determining The Constitutionality Of State Regulation Of Firearm Storage In Foster Homes,
2018
Washington and Lee University School of Law
In Defense Of Hearth And [Foster] Home: Determining The Constitutionality Of State Regulation Of Firearm Storage In Foster Homes, Joseph G. Duchane
Washington and Lee Law Review
No abstract provided.
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis,
2018
New York Law School
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson
Washington and Lee Law Review
No abstract provided.
Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech",
2018
Fordham University School of Law
Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin
Fordham Law Review
Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances—including the internet, cell phones, and social media—have transformed the nature of bullying and allow “cyberbullies” to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students’ off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit ...
Adults' Perceptions Of Children's Referentially Ambiguous Responses,
2018
Brock University
Adults' Perceptions Of Children's Referentially Ambiguous Responses, Breanne E. Wylie, Thomas D. Lyon, Alison M. O'Connor, Christina Lapytskaia, Angela Evans
University of Southern California Legal Studies Working Paper Series
The present study examined adults’ (N = 295) interpretations of child witnesses’ referentially ambiguous “yes” and “no” responses to “Do You Know/Remember (DYK/R) if/whether” questions (e.g., “Do you know if it was blue?”). Participants were presented with transcripts from child sexual abuse cases modified based on question format (DYK/R vs. Direct) and child response type (Yes, No, I don’t know) in a between subjects design. We assessed whether adults recognized that children’s ambiguous responses were unclear, and if not, how they were interpreting children’s responses compared to the control (Direct) conditions. More specifically ...
Mulkern V. Eight Jud. Dist. Ct., 134 Nev. Adv. Op. No. 82 (Oct. 18, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Mulkern V. Eight Jud. Dist. Ct., 134 Nev. Adv. Op. No. 82 (Oct. 18, 2018), Adrianna Guida
Nevada Supreme Court Summaries
The Court determined the presumption under NRS § 432B.550(5)(a), that a child’s best interest is to be placed together with the siblings of the child, also applies to adopted children. Further, the Court held adoption does not sever a biological sibling relationship for purposes of NRS § 432B.550(5)(a).
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System,
2018
Indiana University Maurer School of Law
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
Indiana Journal of Constitutional Design
In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...
Effects Of The Putative Confession Instruction On Perceptions Of Children's True And False Statements,
2018
UC Irvine
Effects Of The Putative Confession Instruction On Perceptions Of Children's True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon
University of Southern California Legal Studies Working Paper Series
The putative confession instruction (“[suspect] told me everything that happened and wants you to tell the truth”) during forensic interviews with children has been shown to increase the accuracy of children’s statements, but it is unclear whether adult’s perceptions are sensitive to this salutary effect. The present study examined how adults perceive children’s true and false responses to the putative confession (PC) instruction. Participants (n = 299) watched videotaped interviews of children and rated the child’s credibility and the truthfulness of his/her statements. When viewing children’s responses to the PC instruction, true and false statements ...
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach,
2018
Seattle University School of Law
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy
Seattle University Law Review
Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent ...
Voila! Taking The Judge Out Of Divorce,
2018
Seattle University School of Law
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Seattle University Law Review
This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.
Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice,
2018
Seattle University School of Law
Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson
Seattle University Law Review
For the first time in the American legal profession, non-lawyers can openly, independently, ethically, and legally engage in activities recognized by bar associations as the practice of law. In 2012, the Washington Supreme Court passed Admission and Practice Rule 28 (APR 28), establishing the profession’s first paraprofessional licensing scheme that allows non-lawyers to give legal advice. The process authorizes qualified non-lawyers to provide legal advice without the supervision of a lawyer. Washington’s Supreme Court intends for Limited License Legal Technicians, or “LLLTs” as they are known, to increase access to justice by responding to the unmet civil legal ...
The Adopted Child And Testamentary Class Gifts,
2018
Gonzaga University School of Law
The Adopted Child And Testamentary Class Gifts, John Richard Steincipher
Gonzaga Law Review
No abstract provided.
De Novo: Reviewing Tax Court Redressability Incongruities In Innocent Spouse Relief Sections 66© And 6015(F),
2018
Seattle University School of Law
De Novo: Reviewing Tax Court Redressability Incongruities In Innocent Spouse Relief Sections 66© And 6015(F), Jason Harn
Seattle University Law Review
Part One of this Note details the historical background of joint and several liability in federal income taxation. Part Two introduces, compares, and contrasts the two statutory provisions Congress has enacted to relieve “innocent spouses” from joint and several liability. Part Three discusses the incongruent standards of review applied by the Tax Court to these—§§ 66 and 6015—two substantially similar relief provisions. Finally, Part Four suggests remedies to alleviate this incongruity.
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018),
2018
Roger Williams University
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Equitable Relief For Erisa Benefit Plan Designation Mistakes,
2018
The Catholic University of America, Columbus School of Law
Equitable Relief For Erisa Benefit Plan Designation Mistakes, Raymond C. O'Brien
Catholic University Law Review
Since its enactment in 1974, the Employee Retirement Income Security Act (ERISA) and related insurance and disability programs provided retirement security for employees and employers, amassing more than $9 trillion in protected assets. Congress preempted conflicting state laws so as to promote certainty of distribution and ease of administration, two hallmarks of ERISA-governed plans. Nonetheless, since 1974, American society embraced spousal equality, an increased number of marriages end in divorce, and wealth most often passes through nonprobate transfers such as insurance contracts and pension policy plans. To accommodate these societal and wealth changes, states enacted statutes to provide elective share ...
Children's Conversational Memory Regarding A Minor Transgression And A Subsequent Interview,
2018
Arizona State University
Children's Conversational Memory Regarding A Minor Transgression And A Subsequent Interview, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
University of Southern California Legal Studies Working Paper Series
Children’s memories for their conversations are commonly explored in child abuse cases. In two studies, we examined conversational recall in 154 4- to 9-year-old children’s reports of an interaction with a stranger, some of whom were complicit in a transgression and were admonished to keep it a secret. Immediately afterwards, all children were interviewed about their interaction. One week later, children were asked recall questions about their interaction with the stranger, their conversations with the stranger, and their conversations with the interviewer. Overall, interaction recall questions elicited few details about children’s conversations, whereas conversation recall questions were ...
Cohabitation In Illinois: The Need For Legislative Intervention,
2018
Chicago-Kent College of Law
Cohabitation In Illinois: The Need For Legislative Intervention, Stefanie L. Ferrari
Chicago-Kent Law Review
No abstract provided.
