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Full-Text Articles in Law

Race, Rights, And The Representation Of Children, Barry Feld, Perry Moriearty Jan 2020

Race, Rights, And The Representation Of Children, Barry Feld, Perry Moriearty

American University Law Review

No abstract provided.


Em>Mama Tried: Shifting Thinking (And Practice) In Child Welfare Cases When A Parent Is Incarcerated, Brent M. Pattison Jan 2019

Em>Mama Tried: Shifting Thinking (And Practice) In Child Welfare Cases When A Parent Is Incarcerated, Brent M. Pattison

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni Jan 2019

Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Broken Bones And Pepper Spray: The State-Sanctioned Abuse Of Immigrant Juveniles In Custody, Alex Bruce Jan 2019

Broken Bones And Pepper Spray: The State-Sanctioned Abuse Of Immigrant Juveniles In Custody, Alex Bruce

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings, Brenda V. Smith, Hayley Gorenberg, J. Rhodes Perry, Lisa Belmarsh, Shaena Johnson, Steven Jett, Rebecca Walters, Macarena Saez, Dana Shoenberg, Terry Schuster, Josh Delaney, Karen Bachar, Mykel Selph, Mark Seymour, Sharita Gruberg, Chris Daley, Mark Yarhouse Oct 2018

Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings, Brenda V. Smith, Hayley Gorenberg, J. Rhodes Perry, Lisa Belmarsh, Shaena Johnson, Steven Jett, Rebecca Walters, Macarena Saez, Dana Shoenberg, Terry Schuster, Josh Delaney, Karen Bachar, Mykel Selph, Mark Seymour, Sharita Gruberg, Chris Daley, Mark Yarhouse

Reports

In 2016 according to the U.S. Department of Justice, 856,130 youth were arrested and 45,567 juveniles were held in 1,772 residential juvenile facilities across the country. Detained and confined youth share many characteristics: most are from poor communities and lack access to quality health care. Mental illness and sexually transmitted infections are prevalent. Compared to their non-confined counterparts, incarcerated youth also experience higher rates of substance abuse and homelessness, are educationally behind their peers, are disproportionately identified as needing special education services, and are more likely to have had traumatic experiences (including sexual and emotional abuse) and injuries including traumatic …


Originalism And The Common Law Infancy Defense, Craig S. Lerner Jan 2018

Originalism And The Common Law Infancy Defense, Craig S. Lerner

American University Law Review

No abstract provided.


Clearly Unconvincing: How Heightened Evidentiary Standards In Judicial Bypass Hearings Create An Undue Burden Under Whole Woman's Health, Haley Hawkins Jan 2018

Clearly Unconvincing: How Heightened Evidentiary Standards In Judicial Bypass Hearings Create An Undue Burden Under Whole Woman's Health, Haley Hawkins

American University Law Review

No abstract provided.


Sexual Abuse Of Juveniles In Correctional Facilities: A Violation Of The Prison Rape Elimination Act, Sara Medina Jan 2018

Sexual Abuse Of Juveniles In Correctional Facilities: A Violation Of The Prison Rape Elimination Act, Sara Medina

American University Journal of Gender, Social Policy & the Law

No abstract provided.


How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff Jan 2017

How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


We "Kent" Keep Transferring Kids Without A Hearing: Using Recent Supreme Court Jurisprudence To Revive Kent V. United States And End Mandatory Transfer For Juveniles, Summer Woods Jan 2017

We "Kent" Keep Transferring Kids Without A Hearing: Using Recent Supreme Court Jurisprudence To Revive Kent V. United States And End Mandatory Transfer For Juveniles, Summer Woods

Criminal Law Practitioner

No abstract provided.


Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith Feb 2016

Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith

Reports

Housing youth who are prosecuted and convicted as adults in adult facilities is challenging and creates significant dilemmas for correctional agencies. In particular, should such “youthful inmates” be treated as part of the regular adult population or should these youth be housed in facilities still under the purview of the adult corrections agency but in facilities designated for youth? More narrowly, should youthful inmates who remain in an adult facility be held in separate housing blocks? Or, should youthful inmates in adult correctional facilities be housed in protective custody or solitary confinement for their protection? How should agencies provide required …


Juvenile Life Without Parole In Law And Practice: Chronicling The Rapid Change Underway, John R. Mills, Anna M. Dorn, Amelia Courtney Hritz Jan 2016

Juvenile Life Without Parole In Law And Practice: Chronicling The Rapid Change Underway, John R. Mills, Anna M. Dorn, Amelia Courtney Hritz

American University Law Review

No abstract provided.


The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P Jan 2016

The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Mandatory Restitution For Enticing A Minor For Sexual Purposes: Additional Punishment Or Compensation For The Victim?, Myra S. Reyes Jan 2016

Mandatory Restitution For Enticing A Minor For Sexual Purposes: Additional Punishment Or Compensation For The Victim?, Myra S. Reyes

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Esq. Jan 2016

Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Esq.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Ohio V. Clark: The Primary Purpose Of The Mandatory Reporting Provisions & Child Testimonial Statement In Relation To The Confrontation Clause, Eun Jin Kim Jan 2016

Ohio V. Clark: The Primary Purpose Of The Mandatory Reporting Provisions & Child Testimonial Statement In Relation To The Confrontation Clause, Eun Jin Kim

Criminal Law Practitioner

No abstract provided.


Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith Jun 2015

Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …


The Resurgence Of Forced Labor: How The Sixth Circuit's Decision In United States V. Toviave Endorses The Exploitation Of Children, Sophia K. Niazi Jan 2015

The Resurgence Of Forced Labor: How The Sixth Circuit's Decision In United States V. Toviave Endorses The Exploitation Of Children, Sophia K. Niazi

American University Journal of Gender, Social Policy & the Law

Comment arguing that the Sixth Circuit decision in United States v. Toviave was erroneous because the court failed to determine that the alleged forced labor was used as a means to control the children in the case. The comment looks at the reasoning in Toviave and explores the Sixth Circuit's reasoning in the case as well as the Federal Forced Labor Statute, the Federal Involuntary Servitude Statute and Michigan's current child abuse laws.


Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado Jan 2015

Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado

Criminal Law Practitioner

No abstract provided.


Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era, Julia Johnson Jan 2015

Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era, Julia Johnson

Criminal Law Practitioner

No abstract provided.


Meeting The Youthful Inmate Standard: Addressing Operations, Finding Promising Practices And Knowing The Law, Brenda V. Smith, Elissa Rumsey, Carmen Daugherty Dec 2014

Meeting The Youthful Inmate Standard: Addressing Operations, Finding Promising Practices And Knowing The Law, Brenda V. Smith, Elissa Rumsey, Carmen Daugherty

Presentations

No abstract provided.


Training Curriculum: Responding To Sexual Abuse Of Youth In Custody: Addressing The Needs Of Boys, Girls, And Gender Nonconforming Youth - Notification Of Curriculum Use (Facilitator’S Guide), Brenda V. Smith, Jaime M. Yarussi, Rebecca Heinsen, Melissa C. Loomis, Caleb J. Bess, Tonya Davis, Lisa Capers, Kevin Dubose, Takiya Wheeler, Dr. Robert Bidwell Feb 2014

Training Curriculum: Responding To Sexual Abuse Of Youth In Custody: Addressing The Needs Of Boys, Girls, And Gender Nonconforming Youth - Notification Of Curriculum Use (Facilitator’S Guide), Brenda V. Smith, Jaime M. Yarussi, Rebecca Heinsen, Melissa C. Loomis, Caleb J. Bess, Tonya Davis, Lisa Capers, Kevin Dubose, Takiya Wheeler, Dr. Robert Bidwell

Reports

The enclosed Responding to Sexual Abuse of Youth in Custody: Addressing the Needs of Boys, Girls, and Gender Nonconforming Youth curriculum was developed by the Project on Addressing Prison Rape at American University, Washington College of Law as part of contract deliverables for the National PREA Resource Center (PRC), a cooperative agreement between the National Council on Crime and Delinquency (NCCD) and the Bureau of Justice Assistance (BJA). The Prison Rape Elimination Act (PREA) standards served as the basis for the curriculum’s content and development with the goal of the Responding to Sexual Abuse of Youth in Custody: Addressing the …


Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson Jan 2014

Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein Jan 2014

The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins Jan 2014

Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …


Challenging Discrimination Of Lgbt Youth In Juvenile Justice: Encouraging The Legal Strategy Of Selective Prosecution Motions, Alanna Holt Jan 2014

Challenging Discrimination Of Lgbt Youth In Juvenile Justice: Encouraging The Legal Strategy Of Selective Prosecution Motions, Alanna Holt

Criminal Law Practitioner

No abstract provided.


From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff Jan 2014

From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Addressing Sexual Violence Against Youth In Custody: Youth Workers’ Handbook On Identifying And Addressing Sexual Violence In Juvenile Justice Settings, Brenda V. Smith, Jaime M. Yarussi Jan 2013

Addressing Sexual Violence Against Youth In Custody: Youth Workers’ Handbook On Identifying And Addressing Sexual Violence In Juvenile Justice Settings, Brenda V. Smith, Jaime M. Yarussi

Reports

From 1999 to 2012, The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law had a cooperative agreement with the National Institute of Corrections (NIC) to provide training to high-level correctional decisionmakers on key issues in addressing and investigating staff sexual misconduct. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and offender-on-offender sexual abuse. In 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on addressing sexual abuse of youth in custody. This handbook …


Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist Aug 2012

Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist

Legislation and Policy Brief

The common policy of treating sexually exploited minors as criminals represents a fundamental failing of the justice system. Prostituted minors should not be treated as delinquents requiring discipline but rather as severely traumatized and abused victims requiring specialized services and counseling. Yet, in most states, prostituted minors are re-traumatized through arrest, prosecution, and detention instead of receiving specialized services. Besides being unjust, this policy is counter-productive. Arresting, prosecuting, and detaining minors hinders law enforcement efforts to go after the real criminals – the pimps and the johns, and misses an important opportunity to rescue minors from a system of commercial …


Prea 101 For Juvenile Justice Agencies, Brenda V. Smith Jun 2012

Prea 101 For Juvenile Justice Agencies, Brenda V. Smith

Presentations

No abstract provided.