Law Commons^™

Education Systems In Juvenile Detention Centers, Karen Sullivan

Brigham Young University Education and Law Journal

No abstract provided.

Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy

Seattle University Law Review

Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent …

The Equal Protection Doctrine In The Age Of Trump: The Example Of Unaccompanied Immigrant Children, Rebecca A. Delfino

Brooklyn Law Review

The Equal Protection Doctrine—the right of equals to equality—has taken on renewed relevance since the 2016 federal election cycle. The values of equality and due process, expressed in the Fifth and Fourteenth Amendments of the United States Constitution, are currently under siege. Laws and institutions central to the core functions of the federal government have been dismantled, repealed, or ignored. In this climate, legislative and executive regulatory solutions are not viable, and the traditional means to remedy inequities and discrimination may no longer work. The only way to protect the long-held democratic value of equality is to challenge the actions …

Complexity In The Determination Of Child Abuse: A Statistical And Rights Based Approach, Yvonne M. Vissing, Phd, Quixada Moore-Vissing, Phd, Leah Salloway, Abd

Journal of Civil Rights and Economic Development

(Excerpt)

Every year more than 3.6 million referrals are made to child protection agencies, which involve more than 6.6 million children. A determination of child abuse is a complex process for both courts and child protective service workers. When an allegation of suspected child abuse is made findings may, or may not, lead to court action. Courts rely upon accurate determinations of abuse. While some cases are clear-cut, many are not. The lack of clear-cut data and legal findings, however, does not dissuade the press and public from making determinations of whether children are being adequately protected, and whether parents …

Juvenile Status Offenses: The Prejudicial Underpinnings Of The Juvenile Justice System, Zachary Auspitz

University of Miami Race & Social Justice Law Review

No abstract provided.

Reforma De La Revisiòn De Sentencia: Un Análisis Comparativo Del Sistema De Justicia Juvenil En Los Estados Unidos, El Reino Unido, Colombia Y Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.

Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.

Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune

Georgia Journal of International & Comparative Law

No abstract provided.

The Syrian Crisis: Violations Of Basic Human Rights And Particularly Children's Rights, Ranee K.L. Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.

Failure To Reform Experimental Treatment Accessibility Leads Push For Legalization Of Assisted Suicide And Euthanasia In A Surprising New Group Of Individuals—Children, Caitlin Massey

Child and Family Law Journal

No abstract provided.

Looking Out For The Little Guy: Protecting Child Informants And Witnesses, Sarah Glasser

Journal of Law and Policy

Too often, young people in the United States who become involved in the criminal justice system as informants and witnesses are not afforded the protections they need and deserve, and risk being murdered for providing critical information in the pursuit of an arrest or conviction. The immediate adoption of state legislation to protect children who serve as informants or are compelled to testify as witnesses in criminal cases is imperative to avoid the loss of young lives. Such legislation should be compelled via restrictions on state access to federal funds for witness protection, law enforcement, and judicial programs until appropriate …

How Conflict Within The House Impacts A Military Spouse: An Evaluation Of Combat-Related Special Compensation As A "Marital" Asset, Anthony Cox Jr. Esq.

Child and Family Law Journal

No abstract provided.

How Changing The Wes Kleinert Fair Interview Act And Establishing Law Enforcement Academy Training Standards Will Help The Autism Community, Randy Lambert

Child and Family Law Journal

No abstract provided.

One Child, Two Systems: State Statutory Interpretation In The Context Of Special Immigration Status, Candace Rechtmann

Child and Family Law Journal

No abstract provided.

Restraining Forced Marriage, Lisa V. Martin

Nevada Law Journal

No abstract provided.

Big Brother Is Watching: When Should Georgia Get Involved In Issues Of Family Privacy To Protect Children’S Liberties?, Michelle Wilco

Georgia State University Law Review

Alecia Faith Pennington (Faith) did not officially exist until she was nineteen. Faith’s conservative, religious parents, Lisa and James, raised their nine children on the family farm just outside Kerrville, Texas, and kept their family as self-sufficient and separate from the rest of the world as possible.

The family was very insular; the parents home schooled all of the children, and the family rarely left their home, with the rare exception of going to church. Lisa and James also prohibited their children from using the Internet until they were eighteen, at which point they were only allowed limited access to …

The School To Deportation Pipeline, Laila L. Hlass

Georgia State University Law Review

The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has seeped into the system through the convergence of the criminal and immigration law regimes.

Immigration enforcement has seen a rise in mass immigrant detention and deportation, bolstered by provocative language casting immigrants as undeserving undesirables: criminals, gang members, and terrorists. Immigrant children, particularly black and Latino boys, are increasingly finding themselves in …

Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, Samuel Vincent Jones

Nevada Law Journal

No abstract provided.

Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett

Golden Gate University Law Review

The controversial debate—whether minors understand the complexity of Miranda rights—has prevented lawmakers from producing laws that assist minors in comprehending these warnings. As a protected class, minors should be provided with extra counseling if they are faced with criminal charges in order to save judicial resources and help keep innocent minors out of the criminal justice system. A law mandating that minors consult with a pro tem attorney prior to questioning could reduce the number of cases awaiting adjudication, relieve the court of having to investigate whether the minor was coerced, threatened, intimidated, tricked, or falsely promised, and would create …

Marijuana Edibles And “Gummy Bears”, Paul J. Larkin Jr.

Buffalo Law Review

Contemporary American society has decided that, whatever may be the benefits and harms of liberalizing marijuana use by adults, we should continue to outlaw the sale of recreational-use marijuana to children and adolescents. Even the states that permit recreational marijuana use under state law draw the line between adults and minors. Unfortunately, some companies pay only lip service to that line. The ability to develop products that closely resemble cookies, brownies, candies, and other substances that are attractive to children and adolescents — albeit, for different reasons — poses the risk that minors — some accidentally, some intentionally — will …

There Is No Such Thing As A Child Prostitute: Why Decriminalization Is Only The First Step In California, Edrina Nazaradeh

Pepperdine Law Review

Prostituted minors are victims of the deceitful schemes of pimps, traffickers, and Johns. While there is widespread agreement that these minors are victims, states have taken different approaches to addressing this heinous crime. Generally, states either prosecute prostituted minors or adopt Safe Harbor laws that grant prostituted minors immunity from prosecution. California joined the majority of states when it passed Senate Bill 1322. Effective January 1, 2017, this bill amended California’s Penal Code to grant children under eighteen years of age immunity from prosecution for prostitution. This Comment argues that Senate Bill 1322 properly amended California law by aligning with …

Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz

Georgia State University Law Review

The bill would have repealed and replaced Georgia’s Power of Attorney for the Care of a Minor Child Act. The category of people who could be given power of attorney for the care of a minor child would have expanded from only grandparents and great-grandparents to a broad category of the child’s relatives, and anyone associated with a non-profit organization focused on child or family services or a licensed child-placing agency.

Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett

Duke Law & Technology Review

Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection. Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success. …

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

American University Law Review

No abstract provided.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

Children's Participation In Holding International Peacekeepers Accountable For Sex Crimes, Sonja Grover

Children's Legal Rights Journal

Over the years, there have been hundreds of unresolved allegations and specifically-identified, credible cases of United Nations- ("UN") mandated or otherwise UN-authorized international peacekeepers perpetrating sex-related human rights violations and crimes against children in the country of deployment. In some situations, such as in the Central African Republic, children have been the frequent victims of these alleged sex crimes by international peacekeepers. Arguably, these crimes can rise to the level of Rome Statute-defined international crimes in some instances. 2 This paper discusses the potential for child participation in international judicial and quasi-judicial mechanisms directed towards: (i) criminal and/or civil accountability …

Ideas That Provide A Solution When The Courts Have Disabled The System, Kelsey A. Manweiler

Children's Legal Rights Journal

No abstract provided.

Spotlight On: National Immigrant Justice Center, Katie Curtis

Children's Legal Rights Journal

No abstract provided.