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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 2020 University of Wisconsin Law 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

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 ...


Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. McLaughlin 2020 University of Florida Levin College of Law

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 ...


Reforming Federal Sentencing: A Call For Equality-Infused Menschlichkeit, Nora V. Demleitner 2020 Washington and Lee University School of Law

Reforming Federal Sentencing: A Call For Equality-Infused Menschlichkeit, Nora V. Demleitner

Washington and Lee Journal of Civil Rights and Social Justice

This piece is based on Professor Demleitner's introduction of the JCRSJ Symposium, Issues in Federal Sentencing: Privilege, Disparity, and a Way Forward, November 15, 2019.

This Introduction first focuses on the value of a symposium on federal sentencing as a teaching, research, and advocacy tool. The second section centers on questions of equality and equitable treatment in federal sentencing. It details how unfair sentencing has been to minority defendants and then highlights the broader ramifications of those injustices in reinforcing bias and racial stereotyping. The guidelines have both mitigated and reinforced racial disparities. Technology and empirical research may provide ...


Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy 2020 Washington and Lee University School of Law

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 ...


Young Children's Ability To Describe Intermediate Clothing Placement, Breanne E. Wylie, Stacia N. Stolzenberg, Kelly McWilliams, Angela Evans, Thomas D. Lyon 2020 Brock University

Young Children's Ability To Describe Intermediate Clothing Placement, Breanne E. Wylie, Stacia N. Stolzenberg, Kelly Mcwilliams, Angela Evans, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children’s ability to adequately describe clothing placement is essential to evaluating their allegations of sexual abuse. Intermediate clothing placement (partially removed clothing) may be difficult for young children to describe, requiring more detailed explanations to indicate the location of clothing (e.g., the clothes were pulled down to the knees). The current study investigated 172 3- to 6-year-olds’ descriptions of clothing placement when responding to commonly used questions (yes/no, forced-choice, open-choice, where), as well as children’s on-off response tendencies when describing intermediate placement (i.e.., labeling the clothing as fully on or off). Results revealed that "where ...


“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 2020 Texas A&M University School of Law (Student)

“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 2020 Notre Dame Law School

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 2020 Fordham Law School

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 ...


How Pay-To-Win Makes Us Lose: Introducing Minors To Gambling Through Loot Boxes, Kourosh Azin 2020 Boston College Law School

How Pay-To-Win Makes Us Lose: Introducing Minors To Gambling Through Loot Boxes, Kourosh Azin

Boston College Law Review

Loot boxes are a feature in video games where players can acquire virtual goods like weapons, characters, or aesthetic alterations to enhance their gaming experience. Players can earn loot boxes through normal gameplay or purchase them with legal tender. The type and rarity of the rewards are commonly determined by a random number generator, ensuring that the success of acquiring a specific good is based on luck rather than skill. Due to the elements of consideration (wager), luck, and reward in loot box mechanisms mirroring those found in traditional gambling devices, some legislators view loot boxes as a form of ...


Kids, Not Commodities: Proposing A More Protective Interpretation Of The Child Sex Trafficking Statute For Victims And Defendants, Kimberly Blasey 2020 Washington and Lee University School of Law

Kids, Not Commodities: Proposing A More Protective Interpretation Of The Child Sex Trafficking Statute For Victims And Defendants, Kimberly Blasey

Washington and Lee Law Review

This Note addresses how courts should interpret the “reasonable opportunity to observe” standard when assessing evidence. In other words, what quantum of evidence is, and should be, sufficient to prove a defendant had a “reasonable opportunity to observe” a sex trafficking victim? Would a singular brief encounter with an older-appearing prostitute satisfy the standard? If so, would the mere fact that the “prostitute” was actually a minor be the only evidence needed to obtain a conviction? Or would the defendant’s intention and attempt to order services from an adult prostitute shed light on the reasonableness of his observation opportunity ...


Mediation In Education For Foster Care, Anelise Powers 2020 Pepperdine University

Mediation In Education For Foster Care, Anelise Powers

Pepperdine Dispute Resolution Law Journal

There are well over 400,000 children in foster care. Education can improve the well-being of foster children in critical development stages of life and support their economic success in adulthood. In recent years, the law has given greater priority to the education of foster children, and foster children are often eligible for additional services. However, a common trend in foster care research is that foster children, though eligible, do not always receive the services created to assist them. This paper will explore how improving mediation related to education and foster care can help maximize the impact of efforts to ...


Lgbtq Youth Homelessness And Discrimination In The Child Welfare System, Markie Flores 2020 Golden Gate University School of Law

Lgbtq Youth Homelessness And Discrimination In The Child Welfare System, Markie Flores

Poverty Law Conference & Symposium

Despite the existence of LGBTQ anti-discrimination laws, LGBTQ youth are still being discriminated against within the foster care system. The primary cause of all youth homelessness is family conflict, and LGBTQ youth are more susceptible to family conflict when they come out to their parents. The Williams Institute surveyed 354 agencies throughout the United States who work with LGBTQ homeless populations and found that 68% of clients have experienced family rejection. The True Colors Fund notes that more than 1 in 4 LGBTQ teens are forced to leave their homes after coming out to their parents. LGBTQ youth also face ...


Public-School Systems Are Criminalizing Our Young People: Giving Voice To The Marganilized, Carrie Stoltzfus 2020 Arcadia University

Public-School Systems Are Criminalizing Our Young People: Giving Voice To The Marganilized, Carrie Stoltzfus

Graduate Theses & Dissertations

A phenomenological qualitative study using Critical Race Theory and counter-storytelling was completed to investigate what K-12 public schools should be doing to keep young people out of the school-to-prison pipeline (STPP). This study took place in a large city in the Mid-Atlantic region of the United States. Interviews were completed with former students of the researcher who were previously incarcerated, educational professionals, and justice system professionals. Additionally, observations of the court systems and document reviews were completed in order to triangulate findings. Themes emerged around factors that lead to incarceration and the preferred practices to support young people to avoid ...


Public Opinions Of Unmanned Aerial Technologies In 2014 To 2019: A Technical And Descriptive Report, Lisa M. PytlikZillig, Janell C. Walther, Carrick Detweiler, Sebastian Elbaum, Adam Houston 2020 University of Nebraska Public Policy Center

Public Opinions Of Unmanned Aerial Technologies In 2014 To 2019: A Technical And Descriptive Report, Lisa M. Pytlikzillig, Janell C. Walther, Carrick Detweiler, Sebastian Elbaum, Adam Houston

Lisa PytlikZillig Publications

The primary purpose of this report is to provide a descriptive and technical summary of the results from similar surveys administered in fall 2014 (n = 576), 2015 (n = 301), 2016 (ns = 1946 and 2089), and 2018 (n = 1050) and summer 2019 (n = 1300). In order to explore a variety of factors that may impact public perceptions of unmanned aerial technologies (UATs), we conducted survey experiments over time. These experiments randomly varied the terminology (drone, aerial robot, unmanned aerial vehicle (UAV), unmanned aerial system (UAS)) used to describe the technology, the purposes of the technology (for economic, environmental, or security goals ...


Examining Court Appointed Special Advocate Programs In Essex County, Massachusetts, Lauren Persson 2020 Merrimack College

Examining Court Appointed Special Advocate Programs In Essex County, Massachusetts, Lauren Persson

Criminology Student Work

Court Appointed Special Advocates (CASA) have been advocating for children for decades. The primary goal of CASA is to help children in need achieve a better life outcome. Volunteers go through extensive training to ensure the children will receive proper court advocacy. Merrimack Valley CASA provides services to their clients, such as court advocacy, placement in permanent homes, appropriate educational opportunities, and improvement in a child’s overall wellbeing. The purposes of the current research are to examine the types of services and the perceived quality of those services provided by CASA, to assess the needs of the program, and ...


Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church 2020 University of Michigan Law School

Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church

SMU Law Review Forum

Over the past decade, the child welfare system has expanded, with vast public and private resources being spent on the system. Despite this investment, there is scant evidence suggesting a meaningful return on investment. This Article argues that without a change in the values held by the system, increased funding will not address the public health problems of child abuse and neglect.


The Lived Experience Of African American Juvenile Parole And Probation Officers In The Pacific Northwest, Andre J. Lockett 2020 Concordia University - Portland

The Lived Experience Of African American Juvenile Parole And Probation Officers In The Pacific Northwest, Andre J. Lockett

Ed.D. Dissertations

The purpose of this phenomenological study was to explore and better understand the lived

experiences of African American juvenile parole and probation officers in the Pacific Northwest. I conducted semistructured interviews with four African American juvenile parole and probation officers using a transcendental phenomenological framework. This framework was further supported and guided by social identity theory, critical race theory, and person‒organization fit theory. Through detailed semistructured interviews, field notes, and artifacts; honest and thought-provoking insight was gathered about the experiences of African American juvenile parole and probation officers. Furthermore, interview data was coded and analyzed using ATLAS.ti (2020 ...


Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church 2020 University of Michigan Law School

Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church

Articles

Over the past decade, the child welfare system has expanded, with vast public and private resources being spent on the system. Despite this investment, there is scant evidence suggesting a meaningful return on investment. This Article argues that without a change in the values held by the system, increased funding will not address the public health problems of child abuse and neglect.


The Crime Of Grooming, Dr. Limor Ezioni 2020 Barry University School of Law

The Crime Of Grooming, Dr. Limor Ezioni

Child and Family Law Journal

No abstract provided.


Conditional Parentage Is The New Eugenics, Dr. Yael Efron, Dr. Pnina Lifshitz-Aviram 2020 Barry University School of Law

Conditional Parentage Is The New Eugenics, Dr. Yael Efron, Dr. Pnina Lifshitz-Aviram

Child and Family Law Journal

No abstract provided.


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