Seattle University School of Law
Marshall University
SJ Quinney College of Law, University of Utah
Washington University School of Law
University of Illinois at Urbana-Champaign
Marquette University
Northern Michigan University
Portland State University
Pacific McGeorge School of Law
Reyes V. Lewis: A Missed Opportunity For Minors And Miranda,
2018
Golden Gate University School of Law
Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett
Golden Gate University Law Review
The controversial debate—whether minors understand the complexity of Miranda rights—has prevented lawmakers from producing laws that assist minors in comprehending these warnings. As a protected class, minors should be provided with extra counseling if they are faced with criminal charges in order to save judicial resources and help keep innocent minors out of the criminal justice system. A law mandating that minors consult with a pro tem attorney prior to questioning could reduce the number of cases awaiting adjudication, relieve the court of having to investigate whether the minor was coerced, threatened, intimidated, tricked, or falsely promised, and ...
The Effects Of Implicit Encouragement And The Putative Confession On Children's Memory Reports,
2018
Vanderbilt University
The Effects Of Implicit Encouragement And The Putative Confession On Children's Memory Reports, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon
University of Southern California Legal Studies Working Paper Series
The current study tested the effects of two interview techniques on children's report productivity and accuracy following exposure to suggestion: implicit encouragement (backchanneling, use of children's names) and the putative confession (telling children that a suspect "told me everything that happened and wants you to tell the truth"). One hundred and forty-three, 3-8-year-old children participated in a classroom event. One week later, they took part in a highly suggestive conversation about the event and then a mock forensic interview in which the two techniques were experimentally manipulated. Greater use of implicit encouragement led to increases, with age, in ...
Reimagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Humanitarian Law And International Criminal Law,
2018
Western University
Reimagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Humanitarian Law And International Criminal Law, Anaise Muzima
Western Journal of Legal Studies
This paper calls for a clarification of the law and a re-evaluation of the status of children who are participating in hostilities by highlighting that any fruitful debate on child soldiers needs to go beyond the binary and limited discussion on whether such children are merely victims or perpetrators. The author focuses on the principles defined by International Humanitarian Law and International Criminal Law as to the distinction between “direct” and “active” participation to hostilities and argues that such distinction is ambiguous and inapplicable to the specific context of child soldiering. This paper concludes by emphasizing the necessity to reimagine ...
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior,
2018
Nova Southeastern University, Shepard Broad College of Law
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
Elena B. Langan
This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in ...
There Is No Such Thing As A Child Prostitute: Why Decriminalization Is Only The First Step In California,
2018
Pepperdine University
There Is No Such Thing As A Child Prostitute: Why Decriminalization Is Only The First Step In California, Edrina Nazaradeh
Pepperdine Law Review
Prostituted minors are victims of the deceitful schemes of pimps, traffickers, and Johns. While there is widespread agreement that these minors are victims, states have taken different approaches to addressing this heinous crime. Generally, states either prosecute prostituted minors or adopt Safe Harbor laws that grant prostituted minors immunity from prosecution. California joined the majority of states when it passed Senate Bill 1322. Effective January 1, 2017, this bill amended California’s Penal Code to grant children under eighteen years of age immunity from prosecution for prostitution. This Comment argues that Senate Bill 1322 properly amended California law by aligning ...
Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions,
2018
Arizona State University
Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
University of Southern California Legal Studies Working Paper Series
Children’s potential confusion between “ask” and “tell” can lead to misunderstandings when child witnesses are asked to report prior conversations. The verbs distinguish both between interrogating and informing and between requesting and commanding. Children’s understanding was examined using both field (i.e., Study 1) and laboratory (i.e., Studies 2-4) methods. Study 1 examined 100 5- to 12-year-olds’ trial testimony in child sexual abuse cases, and found that potentially ambiguous use of ask and tell was common, typically found in yes/no questions that elicited unelaborated answers, and virtually never clarified by attorneys or child witnesses. Studies 2-4 ...
Hb 359 - Power Of Attorney,
2018
Georgia State University College of Law
Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz
Georgia State University Law Review
The bill would have repealed and replaced Georgia’s Power of Attorney for the Care of a Minor Child Act. The category of people who could be given power of attorney for the care of a minor child would have expanded from only grandparents and great-grandparents to a broad category of the child’s relatives, and anyone associated with a non-profit organization focused on child or family services or a licensed child-placing agency.
Peeling Back The Student Privacy Pledge,
2018
Duke Law
Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett
Duke Law & Technology Review
Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection. Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success ...
30 Tips For Excellence In Juvenile Defense,
2018
University of Richmond
30 Tips For Excellence In Juvenile Defense, Julie Ellen Mcconnell
Law Faculty Publications
This article for the Virginia Association of Criminal Defense Lawyers newsletter provides advice on representing juvenile clients.
A More Just System Of Juvenile Justice: Creating A New Standard Of Accountability For Juveniles In Illinois,
2018
Northwestern Pritzker School of Law
A More Just System Of Juvenile Justice: Creating A New Standard Of Accountability For Juveniles In Illinois, Brooke Troutman
Journal of Criminal Law and Criminology
For over a century, America’s legal system has made substantial reforms to change its treatment of adolescents. Every day, we see that our legal system treats adolescents differently from their adult counterparts. With regards to driving privileges, voting rights, and the ability to drink, our laws recognize that adults and adolescents are different and therefore require a different set of standards. America extended this treatment to the realm of juvenile justice in 1899, when Cook County, Illinois, created the country’s first juvenile court. Originating in this court was the overarching purpose of America’s juvenile justice system—rehabilitation ...
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases,
2017
University of Michigan Law School
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran
Articles
In New York City, an indigent parent can receive the assistance of a multidisciplinary legal team—an attorney, a social worker, and a parent advocate—to defend against the City’s request to temporarily remove a child from her care. But in Mississippi, that same parent can have her rights to her child permanently terminated without ever receiving the assistance of a single lawyer. In Washington State, the Legislature has ensured that parents ensnared in child abuse and neglect proceedings will receive the help of a well-trained and well-compensated attorney with a reasonable caseload. Yet in Tennessee, its Supreme Court ...
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases,
2017
Notre Dame Law School
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran
Journal of Legislation
No abstract provided.
Mullner V. State, 133 Nev. Adv. Op. 98 (Dec. 7, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Mullner V. State, 133 Nev. Adv. Op. 98 (Dec. 7, 2017), Joseph K. Fabbi
Nevada Supreme Court Summaries
A court can use offenses committed as a juvenile, but charged and convicted as an adult, when it considers habitual criminal sentencing, especially if the offender’s past convictions are similar to the crime currently being considered for sentencing.
Cutting Off The Umbilical Cord–Reflections On The Possibility To Sever The Parental Bond,
2017
Brooklyn Law School
Cutting Off The Umbilical Cord–Reflections On The Possibility To Sever The Parental Bond, Tali Marcus
Journal of Law and Policy
Parenthood is a status comprising exclusivity relating to the rights and responsibilities concerning the child. The rights and obligations imbued in the parental status are evident first and foremost during the child’s minority. Nonetheless, the status has legal meaning and implications that extend beyond the child’s minority and carry on throughout adulthood. By defining parenthood and assigning parental status, the law establishes legal as well as social responsibility towards the child and a bond for life. This article questions the eternal aspect of parenthood and aspires to initiate discussion pertaining to the social and legal conventions that pose ...
The New York Court Of Appeals' Expansion Of The Definition Of The Term “Parent” Leaves Future Questions Unanswered,
2017
Brooklyn Law School
The New York Court Of Appeals' Expansion Of The Definition Of The Term “Parent” Leaves Future Questions Unanswered, Ilana Sharan
Journal of Law and Policy
On August 30, 2016, the New York Court of Appeals in Brooke S.B. v. Elizabeth A.C.C., expanded the definition of the term “parent,” overruling the twenty-five-year-old bright line rule that limited standing to seek custody or visitation to traditional parents. In 1991, the New York Court of Appeals decided Alison D. v. Virginia M. where they defined “parent” to include only people who have a biological or adoptive relationship with the child, reasoning that the typical family consisted of a husband and wife. In many cases subsequent to Alison D., the court attempted to alleviate the harsh ...
No “Gift” Giving Here: The Inadequate Gifted Education Programs In New York State And The Need For Gifted Education Reform,
2017
Brooklyn Law School
No “Gift” Giving Here: The Inadequate Gifted Education Programs In New York State And The Need For Gifted Education Reform, Jamie M. Kautz
Journal of Law and Policy
Gifted Education is a topic that is often not at the forefront of educational issues throughout federal and state discussions and legislative actions. However, while there are a large number of students in classrooms across the country who are “gifted,” the number of individual states with comprehensive gifted programs within their public school districts is small. As a result, gifted programming is limited and gifted students are not guaranteed any sort of academic assistance beyond that of a standard classroom curriculum for their designated grade levels. More importantly, in the majority of states, including New York, the legal protections offered ...
The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap,
2017
Cornell Law School
The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman
Sheri Lynn Johnson
Capital punishment in this country, and in South Carolina, has its roots in racial subjugation, stereotype, and animosity. The extreme disparities we report here have dampened due to the combined effects of decreasing levels of open racial antagonism, the reforms of the modem death penalty, including categorical exemptions for juveniles and person with intellectual disabilities and prohibition of the imposition of the death penalty for the crime of rape, and the (small) increase in diversity in capital juries. But dampened does not mean eradicated. Significant disparities in the administration of capital punishment persist today. The color of a defendant's ...
Educational Equality For Children With Disabilities: The 2016 Term Cases,
2017
University of Michigan Law School
Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos
Book Chapters
One of the most longstanding debates in educational policy pits the goal of equality against the goal of adequacy: Should we aim to guarantee that all children receive an equal education? Or simply that they all receive an adequate education? The debate is vexing in part because there are many ways to specify “equality” and “adequacy.” Are we talking about equality of inputs (which inputs?), equality of opportunity (to achieve what?), or equality of results (which results?)? Douglas Rae and his colleagues famously argued that there are no fewer than 108 structurally distinct conceptions of equality. And how do we ...
Child Witnesses,
2017
University of Southern California
Child Witnesses, Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams
University of Southern California Legal Studies Working Paper Series
In this chapter we provide an overview of psychological issues involving children’s capacities as witnesses. First, we discuss the kinds of cases in which children are usually involved. Across different courts, one most often sees children describing abuse at the hands of familiar adults. Second, we describe the difficulties children encounter in disclosing abuse, particularly when it is perpetrated by adults close to them. These dynamics lead most children to remain silent, and only the most forthcoming children to disclose. Third, we suggest a framework for assessing children’s allegations, in which child-generated and adult-generated information lie on opposite ...
The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children's Disclosure Of A Minor Transgression,
2017
Arizona State University
The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children's Disclosure Of A Minor Transgression, Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon
University of Southern California Legal Studies Working Paper Series
This study examined the utility of two interview instructions designed to overcome children’s reluctance to disclose transgressions: eliciting a promise from children to tell the truth and the putative confession (telling children that a suspect “told me everything that happened and wants you to tell the truth”). The key questions were whether the instructions increased disclosure in response to recall questions and in response to recognition questions that were less or more explicit about transgressions, and whether instructions were differentially effective with age. Two-hundred and seventeen 4- to 9-year-old maltreated and comparable non-maltreated children played with a stranger. This ...
