Juvenile Law Commons^™

“Sexting” And The First Amendment, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

“Sexting” and other teen autopornography are becoming a widespread phenomenon, with perhaps 20% of teenagers admitting to producing nude or semi-nude pictures of themselves and an ever greater proportion, perhaps as many as 50%, having received such pictures from friends and classmates. It is, moreover, beginning to result in criminal prosecutions. Given the reality of changing social practices, mores and technology utilization, today’s pornography laws are a trap for unwary teens and operate, in effect, to criminalize a large fraction of America’s young people. As such, these laws and prosecutions represent a stark example of the contradictions that can occur …

Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

This article examines the Supreme Court’s student speech framework and argues that, in focusing exclusively on the types of student speech that can be restricted, the framework fails to build in any differentiation as to how such speech can be restricted. This is true even though there are two very distinct types of speech restrictions in schools: suppression of the speech itself; and after-the-fact punishment of the student speaker. As the student speech landscape itself gets more complex – given schools’ experimentation with new disciplinary regimes along with the tremendous rise in student cyber-speech – the blurring of that distinction …

Decriminalizing Students With Disabilities, Dean Hill Rivkin

NYLS Law Review

No abstract provided.

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

NYLS Law Review

No abstract provided.

Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim

NYLS Law Review

No abstract provided.

Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald

NYLS Law Review

No abstract provided.

The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody

NYLS Law Review

No abstract provided.

You’Ve Come A Long Way, Baby: Two Waves Of Juvenile Justice Reforms As Seen From Jena, Louisiana, Sara Sun Beale

Faculty Scholarship

This article describes the origins and impact of two modern reforms that dramatically rewrote the law governing the prosecution of juvenile offenders: the Warren Court’s due process decisions and the juvenile justice legislation of the 1990s. Beginning with the prosecution of Mychal Bell, who was one of the Jena 6, the article provides a broader historical and analytical framework to assess the procedural protections available to juveniles charged with serious offenses, particularly the adequacy of the remedies to challenge prosecutorial discretion and disparate treatment by the prosecution.

The article first describes the key role race played in the Warren Court’s …

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

Articles & Chapters

No abstract provided.

Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay

Articles

Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to constitutional regulation of governmental treatment of even those who have broken society’s rules. And accordingly, most of our prisons and jails are run by committed professionals who care about prisoner welfare and constitutional compliance. At the same time, for prisons—closed institutions holding an ever-growing disempowered population—most of the methods by which we, as a polity, foster government accountability and equality among citizens are unavailable or at least not currently practiced. In the absence of other levers by which …

Transracial Adoption Of Black Children: An Economic Analysis, Mary Eschelbach Hansen, Daniel Pollack

ExpressO

The anti-discrimination law governing placement of children in foster care and adoption was intended to speed the adoption of Black children who could not be reunited with their families of origin. Only recently have two states been fined for violating this decade-old law. Based on our analysis of administrative data collected by the Children’s Bureau of the U.S. Department of Health and Human Services, we conclude that more vigorous enforcement of the anti-discrimination law in adoption could result in significant gains to Black children. We find that Black children spend more time as legal orphans than children of other races …

Disparity Rules, Olatunde C.A. Johnson

Faculty Scholarship

In 1992, Congress required states receiving federal juvenile justice funds to reduce racial disparities in the confinement rates of minority juveniles. This provision, now known as the disproportionate minority contact standard (DMC), is potentially more far-reaching than traditional disparate impact standards: It requires the reduction of racial disparities regardless of whether those disparities were motivated by intentional discrimination orjustified by "legitimate" agency interests. Instead, the statute encourages states to address how their practices exacerbate racial disadvantage.

This Article casts the DMC standard as a partial response to the failure of constitutional and statutory standards to discourage actions that produce racial …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Parental Consent And Notification Laws In The Abortion Context: Rejecting The "Maturity" Standard In Judicial Bypass Proceedings, Anna Bonny

ExpressO

The choice to become a parent, to give a baby up for adoption, or to terminate a pregnancy presents a life-altering decision for a minor. The majority of states require minors to engage their parents or legal guardians in their choice to obtain an abortion, but not in decisions to give their babies up for adoption or to become parents. Though the Supreme Court has held that parental consent and notification laws do not infringe on a minor's constitutional rights if judicial bypass options are available, the reality of these judicial proceedings demonstrates a biased and unworkable legal avenue. Even …

Malibu Locals Only: "Boys Will Be Boys", Or Dangerous Street Gang? Why The Criminal Justice System's Failure To Properly Identify Suburban Gangs Hurts Efforts At Fighting Gangs, Brian William Ludeke

ExpressO

In the last several years, a group of youths calling themselves Malibu Locals Only or MLO has performed several violent crimes, intimidating many people in the area around Malibu, CA. Despite the gang-like appearance of these youths and their crimes, Los Angeles County Sheriff's Department officials insist that MLO is not a gang. This article examines MLO, its history, and its current state in the context of California anti-gang legislation.

The article theorizes that the criminal justice system's failure to call a group like MLO a gang while waging war on other groups, primarily in lower income, heavily minority areas, …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Lawrence V. Texas Overrules San Antonio School District. V. Rodriguez, John H. Ryskamp

ExpressO

San Antonio School District v. Rodriguez used the scrutiny regime to decide whether there was an Equal Protection right to housing. However, Lawrence v. Texas abolished the scrutiny regime. So how do we evaluate whether there is an education right under Equal Protection? The right to education in the Texas Constitution shows us that we use the liberty Equal Protection right to determine if state laws are essential to education; this is the meaning of Lawrence's rule that laws are not permitted respecting liberty which do not "substantially further a legitimate state interest." Note that this takes substantially from intermediate …

Traditional Values, Or A New Tradition Of Prejudice? The Boy Scouts Of America Vs. The Unitarian Universalist Association Of Congregations, Eric Alan Isaacson

ExpressO

President William Howard Taft, a Unitarian leader whose liberal faith had been viciously attacked by religious conservatives in the 1908 presidential campaign, used the White House as a platform in 1911 to launch a new nonsectarian organization for youth: The Boy Scouts of America (“BSA”). Lately, however, the BSA itself has come under the control of religious conservatives – who in 1992 banned Taft’s denomination from the BSA’s Religious Relationships Committee, and in 1998 threw Taft’s denomination out of its Religious Emblems Program. The denomination’s offense: A tradition of teaching its children that institutionalized discrimination is wrong. Unitarian Universalist religious …

Girl Talk--Examining Racial And Gender Lines In Juvenile Justice, Kim Taylor-Thompson

Nevada Law Journal

No abstract provided.

Aggravating Youth: Roper V Simmons And Age Discrimination, Elizabeth F. Emens

Faculty Scholarship

In Roper v. Simmons, the Supreme Court confronted a difficult question: Given that being younger than eighteen is merely a proxy for diminished culpability, why not let jurors decide whether youth mitigates the culpability of an individual sixteen- or seventeen-year-old offender? The Court's subtle answer draws on psychological literature about the differences between juveniles and adults, but ultimately depends as much on concerns about the mind of the adult juror as on the distinctive traits of juveniles. Read in its best light, Kennedy's opinion seems to turn on the insight that while age-based classifications are rational – they are a …

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

The Coalescence Of Law And Science In An Era Of School Drug Testing: Beyond Vernonia, Earls, And Joye, George S. Yacoubian

ExpressO

No abstract provided.

Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In Schools, Erika George

Faculty Scholarship

This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …

The Disability Integration Presumption: Thirty Years Later, Ruth Colker

The Ohio State University Moritz College of Law Working Paper Series

The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …

Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser

Scholarly Works

Taking as its sample group the 2005 population of seventy-two juvenile offenders on death row, this article examines the roles of peer influence and group offending in the murders committed by those now awaiting execution. Based on that examination, the article suggests certain reforms in the capital trials of juveniles. To set the stage, the article first marshals the evidence supporting the “group crime” theory of youth violence and then discusses the critical role of peers in adolescent development and group offending of a violent crime.

Student Freedom Of Expression: Violent Content And The Safe School Balance, A. Wayne Mackay, Janet Burt-Gerrans

Articles, Book Chapters, & Popular Press

The authors begin with a discussion of of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its application in the balancing of the safe school environment with student freedom of expression. In particular these authors examine cases and scenarios that highlight the complex relationships that result when student expression contains violent content. This timely examination gives consideration to the contemporary …

Uneasy Tensions Between Children's Rights And Civil Rights, Annette Ruth Appell

Nevada Law Journal

No abstract provided.

“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin

ExpressO

No abstract provided.

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …