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Articles 1 - 11 of 11
Full-Text Articles in Law
Changemakers: From The Classroom To The Courtroom: Miguel Garcia, Roger Williams University School Of Law
Changemakers: From The Classroom To The Courtroom: Miguel Garcia, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A Child Litigant's Right To Counsel, Kevin Lapp
A Child Litigant's Right To Counsel, Kevin Lapp
Loyola of Los Angeles Law Review
As the Supreme Court put it a half century ago, the right tocounsel for juveniles reflects “society’s special concern for children” and “is of the essence of justice.” In a variety of legal proceedings, from delinquency matters to child welfare proceedings to judicial bypass hearings, the law requires the appointment of counsel to child litigants. While coherent in the whole, the law regarding counsel for child litigants is a patchwork of state and federal constitutional rulings by courts and statutory grants. Legal scholarship about a child litigant’s right to counsel is similarly fragmented. Predominantly, legal scholars have examined arguments for …
Child Migrants And America’S Evolving Immigration Mission, Shani M. King
Child Migrants And America’S Evolving Immigration Mission, Shani M. King
UF Law Faculty Publications
This Article explores the many challenges—legal and otherwise—that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of exclusion and xenophobia that have shaped immigration law and policy in the United States for over one-hundred years. Such an investigation comes at a time when the issue of immigration in the United States is increasingly complex and contested. As the Trump administration mulls over new prototypes for a …
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
Irene Scharf
Thousands of foreign-born children enter the United States every year. Many, particularly those crossing at the Mexican border, arrive without legal immigration status and unaccompanied by adults. Once here, these children have certain rights under the Constitution and the immigration laws of this country. Their primary right is to a deportation hearing. Under the current procedures used by Immigration and Naturalization Service (INS), however, these children are encouraged to waive that right and "elect" voluntary departure. The voluntary departure process requires that they admit to having entered the country illegally, choose the country to which they will return, and leave …
Working Toward A Global Discourse On Children's Rights: The Problem Of Unaccompanied Children And The International Response To Their Plight, Crystal J. Gates
Working Toward A Global Discourse On Children's Rights: The Problem Of Unaccompanied Children And The International Response To Their Plight, Crystal J. Gates
Indiana Journal of Global Legal Studies
No abstract provided.
U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young
U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young
University of Miami Inter-American Law Review
No abstract provided.
From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller
From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller
St. Mary's Law Journal
Congress should focus on the receiver's end of Internet transmissions to overcome the anonymity and transmogrification elements of the Internet to protect minors from harmful material. Throughout the years, librarians have struggled with monitoring minors’ access to the accumulating number of controversial texts in the library. The Internet’s unique infrastructure affords librarians virtually no opportunity for the pre-shelf review available with books and videos. Congress enacted the Communications Decency Act (CDA) in 1996 in an attempt to protect minors from the underbelly of the internet. The United States Supreme Court, in Reno v. ACLU, struck down the CDA ruling that …
Clouded Judgment: The Implications Of Smith V. Merritt In The Realm Of Social Host Liability And Underage Drinking In Texas Perspective., Sabrina A. Hall
Clouded Judgment: The Implications Of Smith V. Merritt In The Realm Of Social Host Liability And Underage Drinking In Texas Perspective., Sabrina A. Hall
St. Mary's Law Journal
This Perspective evaluates the contradiction created by the Texas Supreme Court in Smith v. Merritt as well as its implications on social host liability in Texas. Smith creates serious ramifications regarding alcohol consumption and liability. In Smith, the Court held a social host is not liable for providing alcohol to a guest over the age of eighteen, regardless of whether the guest is under the minimum drinking age. Specifically, this Perspective critically analyzes the court’s holding, focusing on the inequities produced by permitting a social host to provide alcohol to individuals between the ages of eighteen and twenty-one without being …
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
Faculty Publications
Thousands of foreign-born children enter the United States every year. Many, particularly those crossing at the Mexican border, arrive without legal immigration status and unaccompanied by adults. Once here, these children have certain rights under the Constitution and the immigration laws of this country. Their primary right is to a deportation hearing. Under the current procedures used by Immigration and Naturalization Service (INS), however, these children are encouraged to waive that right and "elect" voluntary departure. The voluntary departure process requires that they admit to having entered the country illegally, choose the country to which they will return, and leave …
A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey
A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey
St. Mary's Law Journal
The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …
International Law-Expatriation-Citizenship Of Child Lost By Removal And Expatriation Of Father
International Law-Expatriation-Citizenship Of Child Lost By Removal And Expatriation Of Father
Michigan Law Review
Petitioner, a native-born American woman, was taken to Canada by her father who became naturalized there while she was still a minor. Petitioner later married a British subject and seeks naturalization here under a statute authorizing this to American women who have lost their citizenship through marriage to an alien. A treaty in force between the United States and Great Britain provided that persons naturalized according to Canadian law should lose American citizenship. The Canadian statute provided that if the father became naturalized, his minor children should, "within Canada," be deemed Canadian subjects. Held, that petitioner had not lost her …