Law Commons^™

Opening Remarks, Shoba Sivaprasad Wadhia

St. John's Law Review

(Excerpt)

Thank you. I am honored to be here. And there is no more fitting way to honor Michael than around the 40th anniversary of Plyler v. Doe.

This case centered on Texas statute § 21.031, which on its face, permitted the local school districts to exclude noncitizen children who entered the United States without immigration status or to charge admission for the same. The questions before the Court were: (1) whether a noncitizen under the statute who is present in the state without legal status is a “person” and therefore in the jurisdiction of the state within the meaning …

Accepting Educational Responsibility For Social Justice: Homeless Mothers’ And Children’S Need Of Education About Health And Nutrition, Smita Guha

Journal of Vincentian Social Action

The goal is to improve health and nutrition among new mothers and their children who were living in shelters. The mothers received workshops and booklets consisting of information, quick and healthy recipes, and learned how to prepare home-made meals with a low budget. The mothers realized nutritious foods are important for them and their children. They learned how to manage time to make nutritious food at the residence. Children regardless of their background, are our future and we need to pay attention to their needs now so that future problems could be prevented. The significance of this study is immense …

Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Purpose: This article conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore are examined to determine how their strata law responds when children’s safety is at stake. Design/methodology/approach: A comparative method using case law, statutes and secondary literature across both jurisdictions is adopted. This article also draws on various theories of property ownership. Findings: Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject …

Easy Victims Of The Law: Protecting The Constitutional Rights Of Juvenile Suspects To Prevent False Confessions, Tayler Klinkbeil

Child and Family Law Journal

The inherently coercive nature of custodial interrogation is the very reason the Supreme Court handed down the famous Miranda v. Arizona decision; the court recognized the increased vulnerability that suspects under questioning are subjected to when placed in a situation designed to elicit incriminating information.¹ Legal scholars and judiciaries alike agree that the likelihood of police questioning resulting in a false admission of guilt or self-incriminating statements is disproportionately more probable if the subject of the questioning is a minor.² The constitutional protections that are afforded to juvenile suspects subjected to custodial interrogations are those set out in …

From The Ground Up: Restoring The Problem Of Education, William J. Norris Iii

Helm's School of Government Conference - American Revival: Citizenship & Virtue

This paper will examine the impact of families and how they can restore the promise of education. At the local level, parents and concerned citizens should review the impact of their local school boards and how they can become involved to effect positive change. Education policies that promote school choice and educational flexibility should be promoted at the local, state, and federal levels. A comprehensive approach is needed to help ensure equality of opportunity for each child in America.

Do College Students Have A Lack Of Awareness Around Human Trafficking?, Tessa Cavender

Undergraduate Honors Theses

Human Trafficking is an epidemic around the world, but if you ask the average person, they know little more than what is shown in media. To try to understand this, we asked the questions of whether college students also have a lack of awareness around trafficking, and if so, is education the best way to fix this? Our literature review found many professions, such as healthcare and K-12 education, are pushing for human trafficking curriculums to be implemented in their fields. To determine if this method would be effective on a college campus, five college students were interviewed to determine …

The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, Makenna Hardy, Madison Maloney

Brigham Young University Prelaw Review

Rapid technological advancements have increased the methods in which advertisers can reach the public, specifically children. As obesity rates increase among America’s youth, more stringent advertising laws barring junk food exposure have been advocated for. Since the Supreme Court has determined commercial free speech as deserving full First Amendment coverage, the rights of advertisers frequently inhibit productive methods of protecting children from junk food advertisements. This article examines the current standards safeguarding both children and advertisers and the feasibility of restricting advertising to kids within the limitations of commercial speech protections.

Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Gang Diversion Programs In The Success Of Reducing Youth Gang Membership, Francis Songtiib Laari

Walden Dissertations and Doctoral Studies

The rate of youth involvement in gang membership and crime has become a problem in Fairfax County, Virginia. It has increased violent crimes, drug trade, and incarceration rates for youths and decreased child school graduation rates. Youth gang membership is a significant public issue with broad mental and psychological implications for the child, family, and community because of the potential to commit a crime. Early exposure to gangs and violent neighborhoods can profoundly and negatively impact the residents. Researchers have explored why many children join gangs, but none have examined gang diversion programs' success in reducing youth gang membership. In …

Fostering Faith: Religion In The History Of Family Policing, Elizabeth D. Katz

UF Law Faculty Publications

Each year in the United States, approximately 700,000 children live in foster care. Many of these children are placed in religiously oriented homes recruited and overseen by faith-based agencies (FBAs). This arrangement—as well as the scope and operation of child welfare services more broadly—is at a crucial moment of reckoning. Scholars and advocates focused on children’s rights and family integrity maintain that the child welfare system, increasingly termed the “family policing system,” harms children, families, and communities through unnecessary and racist child removal that is partly motivated by perverse financial incentives. Some call for abolition. Meanwhile, in a largely separate …

Florida's Baker Act Laws: How Florida's Excessive Use Of Baker Acts Can Be Harmful To Children, Kaitlin Gibbs

Gator TeamChild Juvenile Law Clinic

The goal of this White Paper is to provide an overview of Florida’s Baker Act Laws. Additionally, this White Paper will show how the excessive use of Baker Acts in Florida can have harmful effects on children, especially those in the dependency system, and potential solutions to reform the Baker Act process.

Family Moves And The Future Of Public Education, Elizabeth Chu, James S. Liebman, Madeleine Sims, Tim Wang

Faculty Scholarship

State laws compel school-aged children to attend school while fully funding only public schools. Especially following the COVID-19 pandemic, this arrangement is under attack — from some for unconstitutionally coercing families to expose their children to non-neutral values to which they object and from others for ignoring the developmental needs of students, particularly students of color and in poverty whom public schools have long underserved. This Article argues that fully subsidized public education is constitutional as long as public schools fulfill their mission to model and commit people to liberal democratic values of tolerance and respect for all persons as …

Gang Diversion Programs In The Success Of Reducing Youth Gang Membership, Francis Songtiib Laari

Walden Dissertations and Doctoral Studies

AbstractThe rate of youth involvement in gang membership and crime has become a problem in Fairfax County, Virginia. It has increased violent crimes, drug trade, and incarceration rates for youths and decreased child school graduation rates. Youth gang membership is a significant public issue with broad mental and psychological implications for the child, family, and community because of the potential to commit a crime. Early exposure to gangs and violent neighborhoods can profoundly and negatively impact the residents. Researchers have explored why many children join gangs, but none have examined gang diversion programs' success in reducing youth gang membership. In …

"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic, Kristia Hoffman

FIU Law Review

Homeschooling was rapidly growing in the U.S. even before COVID-19. The pandemic accelerated this growth by quickly exposing nearly every American family to homeschooling in some form. The pandemic has ushered in a new age of homeschooling characterized by flexibility, technology, collaboration, and alternative forms of schooling beyond the traditional parent-teaching-child framework. Although the Supreme Court has never recognized a fundamental right of parents to homeschool their children, it has repeatedly recognized that parents have the right to direct their children’s education and to choose to educate them in the way they deem fit. There is debate as to what …

End Crime With Harm? Castration For Sexual Offenders In Hong Kong, Max Hua Chen

San Diego International Law Journal

The issue of post-conviction treatment of sex offenders has been the subject of debate and changes to State legislation, particularly in respect of paedophile offences. One such treatment method is through chemical or physical castration on either a mandatory or a voluntary basis. In this regard, some States have implemented these measures for certain paedophile offences. Hong Kong (HK) has no such laws in place. Researchers such as William Winslade and his colleagues highlighted that whilst paedophilia may not be a stringently defined condition, it is one which involves a “reinforcing [pattern] of sexual behaviors,” with the result that sexual …

J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer

Golden Gate University Law Review

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

Tinjauan Viktimologis Dan Yuridis Atas Eksploitasi Seksual Terhadap Anak Victimological And Juridical Review Of Commercial Exploitation Against Children, Ananda Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The International Labor Organization estimates that 30% of 240,000 commercial sex workers in Indonesia in 2017 are children under 18 years. Considering mentioned number, this paper discusses the aspect of victimology and legislation in the hope of being able to answer the question of how protection should be for children in the crime of sexual exploitation. The research method used is the normative legal method in which the writer tries to refer to the norms of criminal law and victimology in general. With the above regulations, the discussion on the principle of systematische specialiteit must be underlined to assess which …

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

On Account Of Youth: Winning Asylum For Children, Linda Kelly

University of Cincinnati Law Review

No abstract provided.

Resurrecting Arbitrariness, Kathryn E. Miller

Articles

What allows judges to sentence a child to die in prison? For years, they did so without constitutional restriction. That all changed in 2012’s Miller v. Alabama, which banned mandatory sentences of life without parole for children convicted of homicide crimes. Miller held that this extreme sentence was constitutional only for the worst offenders—the “permanently incorrigible.” By embracing individualized sentencing, Miller and its progeny portended a sea change in the way juveniles would be sentenced for serious crimes. But if Miller opened the door to sentencing reform, the Court’s recent decision in Jones v. Mississippi appeared to slam it …

The Effectiveness Of Training Program In Achieving A Culture Of Peace Among Children, Asmaa A. Salman

Journal of STEPS for Humanities and Social Sciences

The aim of the current research is to know the culture of peace among children, as well as to know the effectiveness of a training program in achieving a culture of peace among children. The experimental group and the children of the control group in the pre-test, and there was no statistically significant difference at the level (0.05) in the culture of peace between the children of the experimental group and the children of the control group in the post-test, there was no statistically significant difference at the level (0.05) in the culture of peace. Among the children of the …

Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children, Marlee Rowe

Arkansas Law Notes

Child abuse is a public health problem affecting millions of children across the United States. Many states have adopted hearsay exceptions to prevent child victims of abuse from being forced to testify in front of their abusers. However, not all states provide these protections, and the exceptions vary widely from state to state. Because many states draft their rules of evidence to accord with the Federal Rules of Evidence, Congress should enact a hearsay exception on the federal level to promote uniformity and to ensure child victims of abuse are protected from further traumatization, regardless of what state they live …

Marketing Research And Children’S Consumer Privacy Rights: A Battle In The Digital Age, Hadley Johnson

Child and Family Law Journal

Advancements in technology and social media have led to a decreased level of personal data privacy. Companies are now provided with limitless ways to extract information about their customers, even without their knowledge. This is especially concerning when it is the personal information of a child that is being collected, as in the United States, few regulations exist to protect them on social media. Even fewer regulations exist to protect children between the ages of thirteen and seventeen. The purpose of this Note is to discuss the importance between market research practices and children’s consumer privacy rights in the digital …

Floridians' Right To Choose Or Refuse Vaccinations, Patrick E. Tolan Jr.

Child and Family Law Journal

Every state must strike the right balance between an individual's freedom to make medical choices and the state's role in protecting the public health and the welfare of its people. Florida, by and through its Constitution, has afforded heightened protections for individual self-determination over medical treatment decisions and evaluates infringement of these private medical rights with strict scrutiny. This article is about legal rights for adults to obtain or refuse vaccines and for parents to decide the timing or administration of any vaccine or group of vaccines proposed for their school-aged, preschool, newborn, or unborn children.

I argue that States …

Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer

Child and Family Law Journal

In child custody litigation, when a parent raises the possibility of child abuse, the accused parent may respond that the parent wo has raised the possibility of abuse is alienating the child in an effort to gain an unfair advantage in court. The parent accused of abuse may offer expert testimony on parental alienation. A voluminous and contentious social science literature exists on parental alienation. Family law attorneys often lack ready access to social science literature. The purpose of this article is to give family law attorneys information from the parental alienation literature that can be used to cross-examine experts …

Covid-“14-17”: A Case For Florida Teens To Choose The Covid Vaccine Without Requiring Parental Consent, Kait Ramsay

Child and Family Law Journal

The novel COVID-19 pandemic has created a huge disruption to almost everyone, forcing many individuals to adapt to entirely new ways of life. In the United States, COVID safety protocols and restrictions, such as mask and vaccine mandates, have been met with huge political polarization and resistance.[1] Even as COVID variants have kept infections in a perpetual cycle of rising and falling, Florida has lifted mask mandates for businesses and schools, and its governor has been one of the largest vocal opponents to requiring vaccines for school attendance.[2] Furthermore, with the passing of Florida’s Parental Consent for Health …

How To Protect Special Education During Covid-19: From The Courts To The Capitol, Sarah Coleman

University of Miami Race & Social Justice Law Review

The COVID-19 pandemic has forced students around the country out of brick-and-mortar schools and into virtual classrooms. While the switch to remote learning has helped keep students and teachers safe from contracting the virus, students with disabilities have largely been deprived of a meaningful education and in person services mandated under federal law. This essay will explain how students have been denied a free appropriate public education (FAPE) under the Individuals with Disabilities Act (IDEA), how litigation has been unsuccessful in creating systemic change for these students, and how public policy by U.S. legislators can offer a solution.

Gender Responsive Reentry: Supporting Mothers And Their Children, Michaela Bruder, Ally Malueg, Neve Patterson, Courtney Schallock

Master of Social Work Student Policy Advocacy Briefs

The unique needs and experiences of women with children are not reflected in Minnesota’s state reentry approach or federal reentry approach. The number of women in the correctional system has been steadily rising, which means more women, many of them mothers, are returning to their families and communities without the programming and supports needed to successfully resume their roles as parent and provider. Minnesota must invest in a gender-responsive reentry approach tailored specifically to the needs of women with children.

The Global Practice Of Systematic Enforced Disappearances Of Children In International Law: Strategies For Preventing Future Occurrences And Solving Past Cases, Jeremy J. Sarkin, Elisenda Calvet Martinez

Catholic University Law Review

The aim of this article is to first investigate and understand the widespread and systematic practice of enforced disappearances against children around the world, with a key purpose being to show that it is a regular occurrence. The article reviews the systematic disappearances of children in their historical context, beginning from the Second World War. A variety of country examples –some historical and some contemporary –are discussed to indicate the widespread nature of the practice. The variety of cases is used to understand why states participate in such practices and why children specifically are targeted as victims of enforced disappearances. …

A Proposal For Paid Family Leave In Utah, Erin Wong

Student Works

When a woman gives birth, the arrival of that child will have a statistically significant negative impact on that woman’s employment, earning potential, health, and overall wellbeing. The arrival of a child has no statistically significant impact on men’s employment, earning potential, or overall health and wellbeing. The labor force experiences a drain of talent and productivity when mothers leave the market in large numbers after having a child. Many mothers who wish to remain the workforce after childbirth are faced with the impossible choice of their child’s health or their own job and earning potential. Many fathers or partners …