Confronting A Double-Edged Sword: Providing Bullies Due Process Protections Without Undercutting Massachusetts’ Efforts To Combat Bullying, Casey B. Nathan
Boston College Journal of Law & Social Justice
In 2012, the Massachusetts legislature enacted Chapter 71, Section 37H3/4 of the Massachusetts General Laws, ensuring that students facing long-term suspensions or expulsions receive additional rights during disciplinary hearings. The Massachusetts law entitles accused students to representation by counsel and allows for the cross-examination of student witnesses. Unfortunately, awarding these additional rights undermines the necessary efforts taken by the state to address school bullying. Nevertheless, without these rights, accused bullies have little recourse to address unfair or inaccurate allegations at their school hearings. Ultimately, this Note proposes a solution to protect victims from the trauma of cross-examination by the ...
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrgoacy Contracts, Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...
The Reentry Of Young Offenders: A Look At Successful Reintegration, 2014 McMaster University
The Reentry Of Young Offenders: A Look At Successful Reintegration, Samantha Bellmore
Open Access Dissertations and Theses
This qualitative study looks at the experiences of youth reentering their communities after serving a custodial sentence. Interviews were conducted from the perspectives of five key informants, including youth counselors and probation officers. Based on these conversations, the nuances of youth reentry were explored in-depth. These pages contain personal stories regarding the successes and challenges that come with reentry and reentry programming. Based on the findings and relevant literature, recommendations and suggestions on how to improve reentry are made. Further, in contrast to dominant recidivism-based understandings of success, this study promotes a more holistic understanding of successful reentry outcomes.
Special Kids, Special Parents, Special Education, 2014 University of Michigan Law School
Special Kids, Special Parents, Special Education, Karen Syma Czapanskiy
University of Michigan Journal of Law Reform
Many parents are raising children whose mental, physical, cognitive, emotional, or developmental issues diminish their capacity to be educated in the same ways as other children. Over six million of these children receive special education services under mandates of the Individuals with Disabilities Education Act, called the IDEA. Once largely excluded from public education, these children are now entitled to a “free appropriate public education,” or FAPE. This Article argues that the promise of the IDEA cannot be realized unless more attention is paid to the child’s parents. Under the IDEA, as in life, the intermediary between the child ...
Protecting The Innocent With A Premium For Child Safety Regulations, 2014 University of Massachusetts School of Law
Protecting The Innocent With A Premium For Child Safety Regulations, Jacob P. Byl
University of Massachusetts Law Review
Federal agencies regulate many products and activities that impact the safety of children. Agencies should put a premium on saving the lives of children when analyzing the costs and benefits of proposed regulations. This note uses original evidence from the infant car seat market to determine that a child-specific benefit measure should be one and a half to two times that of an adult. A child premium will encourage more regulations that protect the safety of our society's most precious and innocent members.
The Long Journey Home: Ceuellar De Osorio V. Mayorkas And The Importance Of Meaningful Judicial Review In Protecting Immigrant Rights, Kaitlin J. Brown
Boston College Journal of Law & Social Justice
In Cuellar de Osorio v. Mayorkas, the U.S. Court of Appeals for the Ninth Circuit extended the Child Status Protection Act’s (“CSPA”) protections to all children who age out during the extended process of obtaining a visa as a child derivative beneficiary. In so holding, the court overturned a precedential decision by the Board of Immigration Appeals (“BIA”). In its review of the BIA’s decision, the Ninth Circuit applied the two-step test from Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., the seminal case in administrative law for review of executive agency action. The ...
The Evolution Of Youth As An Excuse: Striking A Balance Between The Interest Of Public Safety And The Principle That Kids Are Kids, 2014 Touro College Jacob D. Fuchsberg Law Center
The Evolution Of Youth As An Excuse: Striking A Balance Between The Interest Of Public Safety And The Principle That Kids Are Kids, Ashley A. Hughes
Touro Law Review
No abstract provided.
Departing From Teague: Miller V. Alabama's Invitation To The States To Experiment With New Retroactivity Standards, Eric Schab
No abstract provided.
The Ethics Of Effective Advocacy For Children In Abuse And Neglect Proceedings, 2014 SelectedWorks
The Ethics Of Effective Advocacy For Children In Abuse And Neglect Proceedings, Suparna Malempati
This article addresses ethical dilemmas lawyers face when representing children in abuse and neglect proceedings in juvenile court. Children in such cases need traditional advocacy in order to protect their legal rights and effectuate just outcomes. Lawyers who represent children have an ethical obligation to perform this function as advocates for their clients and not merely as guardians ad litem who make paternalistic recommendations about the best interests of children. The requirement that lawyers disregard their role as advocates for the role of guardians ad litem circumvents the ethical rules that govern lawyers and fails to adequately and effectively safeguard ...
Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr.
Watt Lesley Black Jr.
This paper focuses primarily on federal circuit level decisions regarding public school district's ability to discipline students who engage in electronic speech while off-campus and not involved in school activities. Particular attention is paid to the question of whether and how appeals courts have been willing to apply the "material and substantial disruption" standard from the Supreme Court's 1969 Tinker v. Des Moines decision to speech occurring off-campus. The paper, which is targeted toward both legal scholars and school administrators, draws together the common threads from the various circuits and weaves them into a set of guidelines for ...
Homeschooling As A Constitutional Right: A Claim Under A Close Look At Meyer And Pierce And The Lochner-Based Assumptions They Made About State Regulatory Power, David M. Wagner
David N. Wagner
In 2012, a German family of would-be homeschoolers, the Romeikes, fled to the U.S. to escape fines and child removal for this practice, which has been illegal in Germany since 1938. The Sixth Circuit, in denying their asylum request, conspicuously did not slam the door on the possibility that if the Romeikes were U.S. citizens, they might have a right to homeschool. This article takes up that question, and argues that Meyer and Pierce, the classic cases constitutionalizing the right to use private schools, point beyond those holdings towards a right to homeschool; and that the permissible state ...
In Who’S Best Interest? America’S Struggle To Eradicate Discrimination In Child Custody Decisions: Presumption-Based Reform, Jason R. Lee
Jason K. Lee
The history of child custody jurisprudence in the United States is riddled with inequality. Although significant steps have been taken to remedy these inequalities, more is needed to create a system of fairness and impartiality. Additionally, the failure of state laws to effectively recognize rights of children involved in custody disputes is patently discriminatory and likely unconstitutional. Through a long line of cases, the Supreme Court has held that children have at least some degree of constitutional rights. Those rights, normally, are derived from, and secondary to, the right of parents to make decisions for their children. That being said ...
Just Grow Up Already: The Diminished Culpability Of Juvenile Gang Members After Miller V. Alabama, 2014 Boston College Law School
Just Grow Up Already: The Diminished Culpability Of Juvenile Gang Members After Miller V. Alabama, Sarah A. Kellogg
Boston College Law Review
In Miller v. Alabama, the U.S. Supreme Court held that statutes imposing mandatory sentences of life without parole on juvenile offenders violate the Eighth Amendment. In doing so, the Court applied the Eighth Amendment analysis normally reserved to review capital sentences. The extension of this analysis to a term-of-years sentence rested on the Court’s recognition of developmental differences that make juveniles categorically less culpable than adults. This Note argues that based on Miller, statutory provisions that impose lengthy sentence enhancements on juveniles who commit gang-related crimes, such as those found in California’s STEP Act, should also be ...
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes found within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse.
This paper addresses how relief for battered immigrants, when implemented with the priority of protecting national security and immigration legislation, creates and perpetuates negative societal consequences. The economic ...
Virgin Fathers: Paternity Law, Assisted Reproductive Technology, And The Legal Bias Against Gay Dads, Elizabeth J. Levy
Elizabeth J Levy
In a small town called Bethlehem, the famous story goes, a young virgin woman gave birth to a son. At the heart of this story lies an enigma that would transform Western civilization: if a woman becomes pregnant without engaging in sexual intercourse with a man, then who is the father of her child? In the twenty-first century United States, the proliferation of assisted reproductive technology (ART) has given this metaphysical question a new significance. More specifically, how the law assigns paternity outside of sexual intercourse is relevant for all men who participate in ART and become “virgin fathers.” In ...
"What Did You Say?": Semantic Polysemy In California Juvenile Dependency Dispute Resolution, Kelly X. Ranasinghe
Kelly X Ranasinghe
Non-adversarial resolution of dependency cases is a statutorily mandated practice in California. Practitioners in California Juvenile Dependency courts attempt to settle cases without litigation, relying instead on negotiation between the various parties using informal discourse. This discourse utilizes polysemous dependency terms affecting the contextual understanding of statements by creating underlying ambiguity. The ambiguity of these terms creates communicative interference by engendering misunderstanding, lack of specificity and other communication problems. By recognizing polysemous qualities of core terms used in dependency discourse, practitioners can communicate more effectively and efficiently when resolving cases.
A Decade Of Progress: Promising Models For Children Found In The Turkish Juvenile Justice System, 2014 Loyola University Chicago
A Decade Of Progress: Promising Models For Children Found In The Turkish Juvenile Justice System, Brenda A. Mckinney, Lauren Salins
Turkey has improved its approach to interacting with children in conflict with the law over the past decade, moving closer to a system that ensures its children the opportunity to strive for a better future. This Article focuses on two promising Turkish reforms that hold potential to improve juvenile justice systems internationally, namely: open model incarceration and Turkey’s approach to diversion. This Article demonstrates how a child-centered juvenile justice system can improve public safety and outcomes for youth. It also addresses potential challenges to each model and identifies broader issues that may require reform.
Sex, Science, And The Age Of Anxiety, 2014 Pace University
Sex, Science, And The Age Of Anxiety, Linda C. Fentiman
Pace Law Faculty Publications
This article examines the question of whether the HPV vaccine should be mandated (for girls and/or boys) in the context of declining rates of childhood immunization, and the potential threat to public health that this decline poses. The article addresses two interconnected legal issues: first, is mandating vaccines to prevent the spread of disease constitutional under substantive due process and equal protection principles, and second, should parents be permitted to “opt out” of mandatory vaccination on their children’s behalf, either for all vaccines or those which prevent particular diseases. The article addresses these issues in the context of ...
Idea Class Actions After Wal-Mart V. Dukes, 2014 DePaul University
Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber
Mark C. Weber
Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment ...
Review For Release: Juvenile Offenders, State Parole Practices, And The Eighth Amendment, 2014 Maurer School of Law: Indiana University
Review For Release: Juvenile Offenders, State Parole Practices, And The Eighth Amendment, Sarah F. Russell
Indiana Law Journal
State parole boards have historically operated free from constitutional constraints when making decisions about whether to release prisoners. Recent Supreme Court decisions subject states to a new constitutional requirement to provide a “meaningful opportunity to obtain release” for at least some categories of juvenile offenders. Using original data collected through a survey, this Article provides the first comprehensive description of existing parole board release procedures nationwide and explores whether these practices comply with the Court’s Eighth Amendment mandate.
The Court’s recent decisions in Graham v. Florida and Miller v. Alabama prohibit sentences of life without the possibility of ...