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Articles 1 - 28 of 28
Full-Text Articles in Law
Options For Youth With Disabilities: A Focus On Competitive Integrated Employment Limits, Tatyana Safronova
Options For Youth With Disabilities: A Focus On Competitive Integrated Employment Limits, Tatyana Safronova
University of the District of Columbia Law Review
For people with disabilities, employment outcomes are discouraging. In 2021, only 19% were employed, a third of the employment rate for people without disabilities.1 Disabled individuals worked part-time because they could not find full-time work or because of a reduction in hours. 2 Fewer disabled persons had bachelor or higher degrees, and fewer worked in professional and managerial positions than people without disabilities. 3 To make it possible for disabled adults to get well-paying jobs, we must ensure that disabled youth have a solid educational foundation. That requires that more youth graduate high school; only 68.2% of students with disabilities …
A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth, Mae C. Quinn, Tierra Copeland, Tatyana Hopkins, Mary Brody
A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth, Mae C. Quinn, Tierra Copeland, Tatyana Hopkins, Mary Brody
University of the District of Columbia Law Review
In February 2020, the District of Columbia (“District” or “D.C.”) Juvenile Justice Advisory Group (“JJAG”), issued an important report calling for decriminalization of “status offenses.” Status offenses are alleged youthful wrongdoings that are prosecuted in the District as “Persons in Need of Supervision” cases.1 This Position Paper provides additional support for JJAG’s recommendations. It offers guidance and suggestions to help the District successfully transition away from PINS prosecutions—while also ensuring community youth feel safe, supported, and empowered in their own lives as they transition to adulthood. The D.C. Metropolitan Police Department has historically been the enforcement arm to address youth …
The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw
The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw
University of the District of Columbia Law Review
The privileges allotted to Americans cannot be compared to any other country’s citizens. Americans have the liberty of saying what they want, thinking what they want, and acting freely in public. Nebiyat Shiferaw (“Nebiyat”) is a thirty-year-old African American man who is unable to speak and live independently because he has autism, also known as autism spectrum disorder (“ASD”). Nebiyat does not experience the same liberties as most Americans; he has gone through special education programs and has overcome discrimination, not because of the Individuals with Disabilities Education Act (“IDEA”), but because of his parents advocating for him. As a …
Toward A Just System For Juveniles, Karl A. Racine, Elizabeth Wilkins
Toward A Just System For Juveniles, Karl A. Racine, Elizabeth Wilkins
University of the District of Columbia Law Review
Each year as a nation we prosecute over 800,000 children-nearly three percent of the juvenile population2 and detain over 200,000 of them.3 That is, we saddle almost three percent of our youth with the experience of being a defendant in court, with the label of delinquency. And we separate over a quarter of those youth from family and community for some period of time. The overwhelming majority of these children have experienced life-altering trauma in their young lives, and these experiences with the juvenile justice system can exacerbate that trauma.4 Yet,while we are affecting our young people on this massive …
Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman
Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman
University of the District of Columbia Law Review
This article will describe the implementation and analyze the results of an attorney training and mobilizing project of the Juvenile and Special Education Law Clinic (Clinic) 1 of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL).2 This project was premised in part on the notion that many of the children caught in the District of Columbia's school-to-prison pipeline have disabilities that significantly affect their ability to learn, and that many of these children therefore encounter, more than other children, conflict with school personnel and failure in school. These children disproportionately repeat grades, face school …
Reporting Homeless Parents For Child Neglect: A Case Study From Our Nation's Capital, Marta Beresin
Reporting Homeless Parents For Child Neglect: A Case Study From Our Nation's Capital, Marta Beresin
University of the District of Columbia Law Review
In September 2012, Mary Brown called the Washington Legal Clinic for the Homeless (the Legal Clinic); she was being threatenedwith the loss of her children, then eight- and nine-years-old, for the sole reason that she was homeless. Before she sought legal advice, Mary had requested shelter for her family but had been denied. The irony of Mary's case is that the D.C. government agreed she was homeless and agreed that she needed to shelter her two daughters for their safety, but instead of sheltering her, the D.C. government reported her to child protective services. Mary and her daughters were turned …
Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman
Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman
University of the District of Columbia Law Review
Congress enacted, and President Ford signed, the Education for All Handicapped Children Act (EAHCA) in 1975 to ensure that children with disabilities had access to a free appropriate public education. As the Supreme Court emphasized in Smith v. Robinson:[T]he Act establishes an enforceable substantive right to a free appropriate public education. See Board of Education of Hendrick Hudson Central School Dist. v.Rowley, 458 U.S. 176, (1982). See also 121 Cong. Rec.37417 (1975) (statement of Sen. Schweiker: "It can no longer be the policy of the Government to merely establish an unenforceable goal requiring all children to be in school. [The …
The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens
The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens
University of the District of Columbia Law Review
In 2005 the U.S. Department of Justice estimated that adult criminal courts prosecuted 23,000 cases involving defendants under the age of eighteen nationwide. 2 This means that those defendants faced conviction and sentencing in adult courts. Transfer of those under eighteen into adult criminal court has become the states' first line of defense in the fight against youth crime. However, recent Supreme Court decisions have cast doubt on the wisdom, and even the constitutionality of that approach. Roper v. Simmons held that the Eighth Amendment prohibits the death penalty for anyone under eighteen years of age. 3 Graham v. Florida …
The Child Online Privacy Protection Act: The Relationship Between Constitutional Rights And The Protection Of Children, Sasha Grandison
The Child Online Privacy Protection Act: The Relationship Between Constitutional Rights And The Protection Of Children, Sasha Grandison
University of the District of Columbia Law Review
No abstract provided.
An Offer They Can't Refuse: Racial Disparity In Juvenile Justice And Deliberate Indifference Meet Alternatives That Work, Edgar Cahn, Cynthia Robbins
An Offer They Can't Refuse: Racial Disparity In Juvenile Justice And Deliberate Indifference Meet Alternatives That Work, Edgar Cahn, Cynthia Robbins
University of the District of Columbia Law Review
While young people of all races commit delinquent acts, some are provided treatment while others are detained and incarcerated. Once incarcerated, these youth begin their slide down a slippery slope; they lack an equal opportunity to gather evidence and prepare their cases. Furthermore, they will be effectively deprived of the opportunity and the resources to develop the educational and employment skills necessary to progress to productive adult lives. It is well documented that juveniles of color are more likely than their white counterparts to be arrested,1 referred to juvenile court rather than to diversion programs, charged,waived to adult court, detained …
Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz
Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz
University of the District of Columbia Law Review
No abstract provided.
Litigation Landmines: Obtaining Attorneys Fees In Conditions Of Confinement. Litigation After Bloomberg V. Christina A, Mark Soler
University of the District of Columbia Law Review
Abuse of children in state institutions is a longstanding and notorious problem.1 Advocates for children have successfully brought federal civil rights litigation over the past thirty years to protect the lives, safety, and rights of children in jails,2 juvenile detention facilities, 3 and state corrections institutions. 4 In recent years, however, such litigation has become more difficult as a result of enactment of the Prison Litigation Reform Act (PLRA) 5 and an array of United States Supreme Court decisions. In a number of decisions over the past two decades, the Supreme Court has significantly restricted the rights of prisoners and …
Understanding The Overrepresentation Of Youths With Disabilities In Juvenile Detention, Peter E. Leone Phd., Barbara A. Zaremba, Michelle S. Chapin, Curt Iseli
Understanding The Overrepresentation Of Youths With Disabilities In Juvenile Detention, Peter E. Leone Phd., Barbara A. Zaremba, Michelle S. Chapin, Curt Iseli
University of the District of Columbia Law Review
Youths with disabling conditions are grossly overrepresented among those detained and confined in juvenile correction systems. Some of the behavior of youths with disabling conditions can be misinterpreted as dangerousness and/or as posing a risk of flight prior to a dispositional hearing. The cognitive and language abilities of some youths may contribute to their poor presentation to juvenile court intake workers and others within the juvenile justice system. This Article briefly profiles four youths with disabling conditions detained at the District of Columbia's Oak Hill Juvenile Detention Center, and discusses how behavior associated with disabling conditions (i.e., learning disabilities, emotional …
Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant
Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant
University of the District of Columbia Law Review
This Note examines the appropriate evidentiary standard for pretrial detention decisions in Juvenile Court in the District of Columbia. Currently, there is no authority mandating the standard of proof that is to be applied to the pretrial detention of juveniles. To ensure that all juveniles receive the same protections, one evidentiary standard must be applied at all pretrial detention hearings. Based upon adult and juvenile pretrial detention statutes, the case law construing those statutes, and the standard courts employ in adult civil commitment procedures, the appropriate standard is the "clear and convincing evidence" standard of proof. In order to afford …
Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto
Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto
University of the District of Columbia Law Review
No abstract provided.
Appendix A: Participants, University Of The District Of Columbia Law Review
Appendix A: Participants, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
The Role Of The Probation Officer In Intake: Stories From Before, During, And After The Delinquency Initial Hearing, Joseph B. Tulman
The Role Of The Probation Officer In Intake: Stories From Before, During, And After The Delinquency Initial Hearing, Joseph B. Tulman
University of the District of Columbia Law Review
The juvenile probation intake officer stands at the threshold of the delinquency system, ideally positioned to attach to a child the label "bad," "sad," "mad," or "can't add"-or no label at all.' By attaching the delinquency system label of "bad," the probation intake officer determines who makes it into the delinquency system and, in a real sense, who "doesn't make it." The central hypothesis of this Article is that a carefully crafted role exists in the law for the juvenile probation office and that intake probation officers do not properly understand and execute their role before, during, and after initial …
Reactions And Solutions, Sheryl Brissett-Chapman Phd., Joyce Burrell, George W. Mitchell
Reactions And Solutions, Sheryl Brissett-Chapman Phd., Joyce Burrell, George W. Mitchell
University of the District of Columbia Law Review
No abstract provided.
The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino
The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino
University of the District of Columbia Law Review
The District of Columbia has one of the highest juvenile detention rates and the longest juvenile detention stays of any jurisdiction in the country.' Almost half of the children in Oak Hill, the District's secure juvenile detention facility, have no record of violent or serious offenses. 2 The District's large scale use of detention has increased, rather than decreased, crime. By placing young children charged with minor offenses, such as shoplifting, in daily contact with habitual violent juvenile offenders, Oak Hill serves as a training school for criminal behavior.3
Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review
Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie
Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie
University of the District of Columbia Law Review
Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …
Juvenile Detention Law In The District Of Columbia: A Practitioner's Guide, Milton Lee, John Copacino, Paul Holland
Juvenile Detention Law In The District Of Columbia: A Practitioner's Guide, Milton Lee, John Copacino, Paul Holland
University of the District of Columbia Law Review
No abstract provided.
Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd.
Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd.
University of the District of Columbia Law Review
The primary purpose of juvenile detention is to protect the community from dangerous young people while they wait for their cases to be heard in court.' From a developmental perspective, juvenile detention should occur less frequently than adult detention because juveniles need to be with family members and are perhaps more vulnerable to emotional harm from incarceration than adults. Recognized risks of detention include exposing naive, previously victimized youth to larger, older juveniles with delinquency histories. Other risks include interference with the juvenile's relationship with family and attendance in school.
Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr.
Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr.
University of the District of Columbia Law Review
The focus of this Article, however, is on the more pervasive problem of overzealous police officers acting on less than probable cause or even less than reasonable articulable suspicion. Police officers may frequently act on hunches or suspicions with the attitude that their actions will not be questioned, especially when the victim is a minor and may not be savvy enough to know his or her legal rights. Officers may believe they can act with impunity because of the combination of socio-economic conditions in public housing areas and in other low-income housing areas, or where there are a substantial number …
Systemic Critique And Transformation, Edward J. Loughran, Donna Wulkan, Jerome G. Miller Ph.D.
Systemic Critique And Transformation, Edward J. Loughran, Donna Wulkan, Jerome G. Miller Ph.D.
University of the District of Columbia Law Review
No abstract provided.
Appendix C: Juvenile Detention Statute And Rule, University Of The District Of Columbia Law Review
Appendix C: Juvenile Detention Statute And Rule, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
Appendix D: Key Juvenile Detention Attribute By State, University Of The District Of Columbia Law Review
Appendix D: Key Juvenile Detention Attribute By State, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
Children With Disabilities In Detention: Legal Strategies To Secure Release, Mary G. Hynes
Children With Disabilities In Detention: Legal Strategies To Secure Release, Mary G. Hynes
University of the District of Columbia Law Review
No abstract provided.