Law Commons^™

Preschooler Ii V. Clark County School Board Of Trustees: A Closer Look At Application Of Qualified Immunity In Public School Districts, Rachael Crim

Golden Gate University Law Review

During the 2002-2003 school year, the mother of a pre-school aged, non-verbal, autistic child became concerned when her child came home with unexplained bruises and began exhibiting violent behavior. The mother brought an action on behalf of herself and her child seeking relief under the Individuals with Disabilities Act ("IDEA"), Americans with Disabilities Act, and claimed constitutional violations under Section 1983. In Preschooler II v. Clark County School Board of Trustees, the United States Court of Appeals for the Ninth Circuit held: 1) teacher's alleged conduct in beating, slapping, and head-slamming child violated Fourth Amendment rights for purposes of a …

Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros

Indiana Law Journal

The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent-child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child.I argue that procedures for issuing protective orders that were …

Towards A New Lens Of Analysis: The History And Future Of Religioius Exemptions To Child Neglect Statutes, Gregory Engle

Law Student Publications

In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.

Judicial Discretion Is Insufficient: Minors' Due Process Right To Participate With Counsel When Divorce Custody Disputes Involve Allegations Of Child Abuse, David Peterson

Golden Gate University Law Review

This comment will illustrate how allegations of child abuse in a divorce custody dispute dramatically alter the presumption that the child's interests are well represented. Therefore, appointment of counsel for the child becomes necessary. The author first summarizes current state laws which address this issue and discusses the factors which cause discretionary appointment to fail. Next, the author demonstrates the trend of appellate court decisions and state laws toward mandatory appointment of counsel when abuse is alleged. The author then argues that mandatory appointment is necessitated by due process balancing of the child's and the government's interest. Finally, the author …

Criminal Procedure - United States V. Roe: Child Abuse Warrants Departure From Sentencing Guidelines In Extraordinary Circumstances, Sara Vukson Winter

Golden Gate University Law Review

No abstract provided.

Survey: Women And California Law, Alan Black, Katherine Hardy

Golden Gate University Law Review

This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.

New York V. Ferber: Compelling Extension Of First Amendment Infringement, Jon M. Bloodworth Iii

Golden Gate University Law Review

This note seeks both to define the particular forms of expression involving juveniles which, according to the Court, do not warrant constitutional protection, and to question the Court's rationale in setting precedent which narrows the scope of the first amendment.

22. Young Children’S Emerging Ability To Make False Statements., Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas

Thomas D. Lyon

More Harm Than Good: A Summary Of Scientific Research On The Intended And Unintended Effects Of Corporal Punishment On Children, Elizabeth T. Gershoff

Law and Contemporary Problems

No abstract provided.

Prevalence, Societal Causes, And Trends In Corporal Punishment By Parents In World Perspective, Murray A. Straus

Law and Contemporary Problems

No abstract provided.

Corporal Punishment And The Cultural Defense, Alison Dundes Renteln

Law and Contemporary Problems

No abstract provided.

Are Spanking Injunctions Scientifically Supported?, Robert E. Larzelere, Diana Baumrind

Law and Contemporary Problems

No abstract provided.

The Age Of Discipline: The Relevance Of Age To The Reasonableness Of Corporal Punishment, Kristin Collins Cope

Law and Contemporary Problems

No abstract provided.

The Special Problem Of Cultural Differences In Effects Of Corporal Punishment, Jennifer E. Lansford

Law and Contemporary Problems

No abstract provided.

Where And How To Draw The Line Between Reasonable Corporal Punishment And Abuse, Doriane Lambelet Coleman, Kenneth A. Dodge, Sarah Keeton Campbell

Law and Contemporary Problems

No abstract provided.

14. Investigative Interviewing Of The Child., Thomas D. Lyon

Thomas D. Lyon

21. Children’S Reasoning About Disclosing Adult Transgressions: Effects Of Maltreatment, Child Age, And Adult Identity., Thomas D. Lyon, Elizabeth C. Ahern, Lindsay A. Malloy, Jodi A. Quas

Thomas D. Lyon

Love And The Law, Children Against Mothers And Fathers: Or, What’S Love Got To Do With It?, Benjamin Shmueli

Duke Journal of Gender Law & Policy

No abstract provided.

To Catch A Predator Or To Save His Marriage: Advocating For An Expansive Child Abuse Exception To The Marital Privileges In Federal Courts, Emily C. Aldridge

Fordham Law Review

In prosecutions for child abuse, the government’s most valuable witness is often the defendant’s spouse. Ordinarily, the marital privileges allow a witness to refuse to testify or a defendant to bar his or her spouse’s testimony. When a defendant is on trial for a crime committed against a child, however, the privileges are unavailable. Although this exception aims to serve justice on behalf of innocent children, its applicability often hinges on the relationship between perpetrator and victim. In some federal courts, the minor victim must be the child or stepchild of the defendant, while others have held the exception applicable …

Getting Real About Abuse And Alienation: A Critique Of Drozd And Olesen's Decision Tree, Joan S. Meier

GW Law Faculty Publications & Other Works

Specialists in abuse and alienation have long taken opposing positions on the legitimacy of the concept of alienation in custody cases where abuse is alleged. One increasingly popular response that appears to carve a middle path is acknowledge that both alienation and abuse may co-exist, and to focus on "hybrid" cases, i.e., those in which there are cross-allegations of abuse and alienation. This article discusses and critiques, from the perspective of an expert on abuse, one of the earliest and most significant approaches to the hybrid case: Drozd and Olesen’s "Decision Tree." The author concludes that, while the Decision Tree …

The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor …