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Full-Text Articles in Law

Protecting Students From Abuse: Public School District Liability For Student Sexual Abuse Under State Child Abuse Reporting Laws, Jason P. Nance, Philip T.K. Daniel Nov 2014

Protecting Students From Abuse: Public School District Liability For Student Sexual Abuse Under State Child Abuse Reporting Laws, Jason P. Nance, Philip T.K. Daniel

Jason P. Nance

Virtually all courts recognize that a child abuse reporting statute creates a duty to children, the breach of which is the basis of a civil suit for damages. Normally, courts recognize a duty only to the minor child about whom school officials have received the abuse reports. In 2004, the Supreme Court of Ohio extended this duty to third party student victims. Thus, causes of action may now be brought against school districts when a school employee abuses one student, school officials fail to report the abuse, and the same employee abuses a different student. Public school students who are …


5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon Oct 2014

5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy Jan 2014

Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy

McNair Poster Presentations

This research explores whether commercially sexually exploited children (CSEC) abuse drugs or face greater histories of abuse than their delinquent peers. This research will evaluate whether girls who are CSEC victims experience more abuse of drugs or experience more physical, emotional, or sexual abuse. The study also explores whether CSEC victims witnessed more abuse than non-CSEC victims. A survey of needs and issues facing delinquent girls was given to 130 girls between the ages of 13 to 18. Questions asked about their drug use, abuse history, and whether they witnessed abuse. This research found that many girls who are CSEC …


In Re Sanders And The Resurrection Of Stanley V. Illinois, Joshua Gupta-Kagan Jan 2014

In Re Sanders And The Resurrection Of Stanley V. Illinois, Joshua Gupta-Kagan

Faculty Scholarship

This Essay begins by reviewing Stanley v. Illinois, and outlines how that foundational case originally recognized parental rights in foster care cases yet became understood primarily as a private adoption case. Second, it explains how, simultaneously, family courts developed the One-Parent Doctrine and a related doctrine making it difficult to transfer custody of a child from an abusive or neglectful parent in one state to a non-offending parent in another. Both doctrines violate Stanley by allowing the State to take custody of children without ever proving parental unfitness. Cases adopting these doctrines literally ignore Stanley. Third, this Essay …


Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci Jan 2014

Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci

Articles

Child maltreatment (CM) reporting laws and policies have an important role in the identification, treatment, and prevention of CM in the United States (U.S. Department of Health and Human Services [US DHHS], 2012). Abuse by a member of the clergy “is not only a personal and emotional betrayal, but [also] a spiritual betrayal, with secrecy amplified by the unprecedented and systemic cover-up committed by the Church hierarchy” (Coyne, 2011, p. 15). Recent controversies have resulted in the consideration of changes in mandated U.S. reporting laws that include increasing requirements for clergy and extension to additional professions (Freeh, Sporkin, & Sullivan, …