Law Commons^™

An Interrupted Life: Experiences Of Incarcerated Women, Kris Miccio

University of Denver Criminal Law Review

No abstract provided.

Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin

Journal of the National Association of Administrative Law Judiciary

In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries address …

Protecting Internally Displaced Children In Armed Conflicts: Nigeria In Focus, Olaitan O. Olusegun Dr. (Mrs.), Adedokun Ogunfolu Dr.

Notre Dame Journal of International & Comparative Law

Internal displacement, especially of children, is a common consequence of armed conflict. Children who become internally displaced as a result of armed conflict face significant trauma due to their vulnerability, in addition to the fact that many of them lose their parents before being moved to internal displacement camps. Moreover, the conditions of some of these camps are not favorable and may affect children’s health and wellbeing. Internally displaced children therefore need protection and care by the national governments of affected countries, with support from the international community. However, Nigeria has not effectively protected children who have been displaced by …

On Indian Children And The Fifth Amendment, Matthew L.M. Fletcher

Montana Law Review

No abstract provided.

Puffing Away Parental Rights: A Survey And Analysis Of Whether Secondhand Smoke Exposure Is Child Abuse, Karly Huml

Journal of Law and Health

The steps taken thus far to protect children in public areas, custody cases, and in vehicles show the legislature's awareness of the chemical harms of secondhand smoke for children. This article will analyze those steps and discuss what they mean for both parents' and children's constitutional rights. This article proposes that the legislature take a vital fourth step by including secondhand smoke exposure in child abuse laws. Section II of this article provides the history of smoking tobacco and its transition from a trendy social status to an unpopular, harmful habit. Section II also introduces the steps that have been …

A Child Litigant's Right To Counsel, Kevin Lapp

Loyola of Los Angeles Law Review

As the Supreme Court put it a half century ago, the right tocounsel for juveniles reflects “society’s special concern for children” and “is of the essence of justice.” In a variety of legal proceedings, from delinquency matters to child welfare proceedings to judicial bypass hearings, the law requires the appointment of counsel to child litigants. While coherent in the whole, the law regarding counsel for child litigants is a patchwork of state and federal constitutional rulings by courts and statutory grants. Legal scholarship about a child litigant’s right to counsel is similarly fragmented. Predominantly, legal scholars have examined arguments for …

Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard

Michigan Journal of Gender & Law

Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …

Telehealth, Children, And Pediatrics: Should The Doctor Make House Calls Again, Digitally?, Laura C. Hoffman

Nova Law Review

No abstract provided.

Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine

Touro Law Review

No abstract provided.

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

Marquette Law Review

Removing children from their parents is child welfare’s most drastic

intervention. Research clearly establishes the profound and irreparable

damage family separation can inflict on children and their parents. To ensure

that this intervention is only used when necessary, a complex web of state and

federal constitutional principles, statutes, administrative regulations, judicial

decisions, and agency policies govern the removal decision. Central to these

authorities is the presumption that a healthy and robust child welfare system

keeps families together, protects children from harm, and centers on the needs

of children and their parents.

Yet, research and practice—supported by administrative data—paint a

different …

Transparenthood, Sonia K. Katyal, Ilona M. Turner

Michigan Law Review

Despite the growing recognition of transgender rights in both law and culture, there is one area of law that has lagged behind: family law’s treatment of transgender parents. We perform an investigation of the way that transgender parents are treated in case law and discover striking results regarding the outcomes for transgender parents within the family court system. Despite significant gains for transgender plaintiffs in employment and other areas of law, the evidence reveals an array of ways in which the family court system has systematically alienated the rights and interests of transgender parents. In many cases involving custody or …