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Full-Text Articles in Law
The Next Generation, Jeremiah Chin
The Next Generation, Jeremiah Chin
Articles
What would the law look like if we let children remake it? Laws govern, classify, and circumscribe children who inherit the law and its consequences. Discourses of power invoke children as rhetorical strategies to gain political favor or obviate a position—yet children are uncritically excluded from participating in the systems that control them. Children are subjected to the laws and objects of legislation, but denied the rights, autonomy, or authority to participate in the making of law and policy. Even the conceptualization of the constitutional rights of children is treated as an assumption, ill-defined and under theorized by traditional legal …
Coming Of Age In The Eyes Of The Law: Theconflict Between Miranda, J.D.B., And Puberty, David M. N. Garavito
Coming Of Age In The Eyes Of The Law: Theconflict Between Miranda, J.D.B., And Puberty, David M. N. Garavito
Articles
Everyone knows that going through puberty is associated with a multitude of changes: physical, mental, hormonal, etc. Fewer people know that when and how fast one goes through puberty can also be associated with changes to one’s legal rights. The Supreme Court of the United States held, in the landmark case of J.D.B. v. North Carolina, that there were many “commonsense conclusions” that could be drawn from how a child’s age would affect their interactions with law enforcement. In that case, the Court was deciding whether age should affect whether a child was considered “in custody” of the police, granting …