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Paying The Price: Eliminating Life Without Parole Sentences For Juveniles In Rhode Island, Mackenzie McBurney 2018 J.D. Candidate, 2019, Roger Williams University School of Law

Paying The Price: Eliminating Life Without Parole Sentences For Juveniles In Rhode Island, Mackenzie Mcburney

Roger Williams University Law Review

No abstract provided.


Child Migrants And Child Welfare: Toward A Best Interests Approach, Ann Laquer Estin 2018 University of Iowa College of Law

Child Migrants And Child Welfare: Toward A Best Interests Approach, Ann Laquer Estin

Washington University Global Studies Law Review

Protections for unaccompanied minors in the U.S. immigration system can be traced to our constitutional values of due process and equal treatment; to the parens patriae tradition and best interests principle from family law; and to our commitments under international law including the Protocol to U.N. Convention on the Rights of the Child. With the Trafficking Victims Protection Reauthorization Act of 2008, Congress took an important step toward meeting these obligations and improving our treatment of child migrants, but there is more work to do. Federal agencies have been slow to implement the Act, and there are important ...


Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, Alexis Anderson 2018 Boston College Law School

Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, Alexis Anderson

Boston College Law School Faculty Papers

Immigration advocates have long noted how ethical challenges pervade certain areas of their practice, particularly in the employment and spousal contexts. A significant body of literature exists that attempts to identify clear, professional norms for grappling successfully with thorny ethical questions inherent in those areas. This article expands that scholarship by studying the ethics issues that arise for counsel representing youth seeking Special Immigrant Juvenile ("SIJ") status in state court. Using SIJ case studies to explore questions of confidentiality, conflicts, and candor, this article uncovers key factors that complicate practitioners' ability to comply with existing ethical mandates. One defining feature ...


Brain Development, Social Context And Justice Policy, Elizabeth S. Scott, Natasha Duell, Laurence Steinberg 2018 Columbia Law School

Brain Development, Social Context And Justice Policy, Elizabeth S. Scott, Natasha Duell, Laurence Steinberg

Faculty Scholarship

Justice policy reform in the past decade has been driven by research evidence indicating that brain development is ongoing through adolescence, and that neurological and psychological immaturity likely contributes in important ways to teenagers’ involvement in crime. But despite the power of this trend, skeptics point out that many (perhaps most) adolescents do not engage in serious criminal activity; on this basis, critics argue that normative biological and psychological factors associated with adolescence are unlikely to play the important role in juvenile offending that is posited by supporters of the reform trend. This Article explains that features associated with biological ...


Bringing Science To Law And Policy: Panel Discussion, Bradley Schlaggar, Katie Plax, Susan Block, Timothy McBride, Jill Schupp, Deanna Barch 2018 Chief of the Division of Pediatric and Developmental Neurology; the A. Ernest and Jane G. Stein Professor of Developmental Neurology; Professor of Neurology, Pediatrics, Psychiatry, Radiology, and Neuroscience at Washington University School of Medicine; and Neurologist-in-Chief at St. Louis Children’s Hospital.

Bringing Science To Law And Policy: Panel Discussion, Bradley Schlaggar, Katie Plax, Susan Block, Timothy Mcbride, Jill Schupp, Deanna Barch

Washington University Journal of Law & Policy

How should law and policy chance, based on our current understanding of brain development? In turn, how can neuroscientists undertake research that would prove most useful in influencing law and policy? Such questions about the intersection of science, law, and policy provided the focus of a transdisciplinary conversations, led by Dr. Deanna Barch. Participants – physicians, an attorney and former Family Court judge, a state legislator, and a health economist – recounted their own experiences and recommendations with a view to bringing traditional divides and actualizing ideas from this conference and symposium, “The Developing Brain.”


The Developing Brain: New Directions In Science, Policy, And Law, Susan Frelich Appleton, Deanna M. Barch, Anneliese M. Schaefer 2018 Lemma Barkeloo & Phoebe Couzins Professor of Law, Washington University in St. Louis.

The Developing Brain: New Directions In Science, Policy, And Law, Susan Frelich Appleton, Deanna M. Barch, Anneliese M. Schaefer

Washington University Journal of Law & Policy

No abstract provided.


Brain Development, Social Context, And Justice Policy, Elizabeth Scott, Natasha Duell, Laurence Steinberg 2018 Harold R. Medina Professor of Law, Columbia University

Brain Development, Social Context, And Justice Policy, Elizabeth Scott, Natasha Duell, Laurence Steinberg

Washington University Journal of Law & Policy

This article examines the role played by biological and psychological factors associated with adolescent criminal activity in the context of justice policy reform and its critics. Scott, Duell, and Steinberg assert that risk-taking behavior in adolescence is not solely associated with biological and psychological immaturity, but rather exists as a dynamic interaction between those factors and the individual social context. This interactive model of juvenile offending supports the trend of treating juveniles differently than adults in the criminal justice system and clarifies how correctional programs are crucial in either undermining or promoting healthy development in adolescents.


Child Protection Bench Cards For Idaho Judges, Elizabeth Brandt 2018 University of Idaho College of Law

Child Protection Bench Cards For Idaho Judges, Elizabeth Brandt

Books

Summaries of child protection laws to assist Idaho judges. Covers numerous topics: aggravated circumstances determination, adjudicatory hearing, adoption - CPA related, advisement of rights, amended disposition hearing, case plan hearing, ICWA, ICPC, permanency hearing - no aggravated circumstances, permanency hearing - aggravated circumstances, psychotropic medications for children in care, review hearings, Rule 16 expansion for CP judges, Rule 16 expansion for juvenile judges, shelter care hearing, termination of parental rights, transition to successful adulthood, trauma informed judge.


Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran 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, Vivek S. Sankaran 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), Joseph K. Fabbi 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, Tali Marcus 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, Ilana Sharan 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, Jamie M. Kautz 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, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman 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, Samuel R. Bagenstos 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 ...


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 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 ...


Child Witnesses, Thomas D. Lyon, Kelly McWilliams, Shanna Williams 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 Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017, Roger Williams University School of Law 2017 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


The Relation Between Young Children's False Statements And Response Latency, Executive Functioning, And Truth-Lie Understanding, Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon 2017 USC Gould School of Law

The Relation Between Young Children's False Statements And Response Latency, Executive Functioning, And Truth-Lie Understanding, Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined relations between children’s false statements and response latency, executive functioning, and truth-lie understanding in order to understand what underlies children’s emerging ability to make false statements. A total of 158 (2- to 5- year-old) children earned prizes for claiming that they were looking at birds even when presented with images of fish. Children were asked recall (“what do you have?”), recognition (“do you have a bird/fish?”), and outcome (“did you win/lose?”) questions. Response latencies were greater when children were presented with fish pictures than bird pictures, particularly when they were asked recall questions ...


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