Juvenile Law Commons^™

Opposing Viewpoints: Corporal Punishment In The Home And Its Affects On Children, Maddie Utter

Children's Legal Rights Journal

No abstract provided.

Education Connection: A Need For Improved School Lunches, Cemeen Khodavandi

Children's Legal Rights Journal

No abstract provided.

Education Connection: Twitter Hacks, Football Field Prayers And Campus Speech Climate: Today's First Amendment Issues In Education, Mehgan Keeley

Children's Legal Rights Journal

No abstract provided.

A Spotlight On: Advocating For The Stateless: The Work Of Professor Katherine Kaufka Walts, Samantha Schatko

Children's Legal Rights Journal

No abstract provided.

Legislative Update Family First Prevention Services Act: An Overhaul Of National Child Welfare Policies, Fabiola Villalpando

Children's Legal Rights Journal

No abstract provided.

Statistically Speaking: Developing Stronger Support: The Impact Of Trauma-Informed Advocacy, Katharine Czinke

Children's Legal Rights Journal

No abstract provided.

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 …

Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, 26 Mich. J. Gender & L. 1 (2019), Debra P. Stark, Jessica M. Choplin, Sarah Wellard

UIC Law Open Access Faculty Scholarship

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 …

Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion, Emma W. Marshall, Jennifer L. Groscup, Eve Brank, Analay Perez, Lori A. Hoetger

Center on Children, Families, and the Law: Faculty Publications

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. As technology evolves, courts must examine Fourth Amendment concerns implicated by the introduction of new and enhanced police surveillance techniques. Recent Supreme Court cases have demonstrated a trend towards reconsidering the mechanical application of traditional Fourth Amendment doctrine to define the scope of constitutional protections for modern technological devices and personal data. The current research examined whether public opinion regarding privacy rights in electronic communications is in accordance with these Supreme Court rulings. Results suggest that cell phone location data is perceived as more private …

Representing The Child In Child Protective Proceedings: Toward A New Paradigm, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

This article will attempt a new approach, one based on an analysis of the child's interests in a child protective proceeding. As will be discussed in Part 1, most interests are surprisingly overlooked or barely articulated in the representation debate. Part 2 will summarize the statutes and case law governing the role of the child's counsel in the child protective litigation continuum. The frequently lengthy process may range from initiation by a child protective agency to the achievement of family reunification or other permanency goal. For children, the continuum of sequential proceeding may span years or decades. Finally, Part 3 …

How Courts In Criminal Cases Respond To Childhood Trauma, Deborah W. Denno

Faculty Scholarship

Neurobiological and epidemiological research suggests that abuse and adverse events experienced as a child can increase an adult’s risk of brain dysfunction associated with disorders related to criminality and violence. Much of this research is predictive, based on psychological evaluations of children; few studies have focused on whether or how criminal proceedings against adult defendants consider indicators of childhood trauma. This Article analyzes a subset of criminal cases pulled from an 800-case database created as part of an original, large-scale, empirical research project known as the Neuroscience Study. The 266 relevant cases are assessed to determine the extent to which, …

Fundamentally Fair? A Critical Look At The Due Process Afforded Parents In Child Protection Proceedings Under Minnesota Law, Brooke Beskau Warg

Mitchell Hamline Law Review

No abstract provided.

Child Advocacy Studies (Cast): A National Movement To Improve The Undergraduate And Graduate Training Of Child Protection Professionals, Victor I. Vieth, Betsy Goulet, Michele Knox, Jennifer Parker, Lisa B. Johnson, Karla Steckler Tye, Theodore P. Cross

Mitchell Hamline Law Review

No abstract provided.

Wounded Souls: The Need For Child Protection Professionals And Faith Leaders To Recognize And Respond To The Spiritual Impact Of Child Abuse, Victor I. Vieth, Pete Singer

Mitchell Hamline Law Review

No abstract provided.

Legal Representation For Abused And Neglected Youth, Anne Tyler Gueinzius, Eikoku Ikeno

Mitchell Hamline Law Review

No abstract provided.

Pennsylvania’S Need For Permanency: An Argument In Support Of Workable Standards For Representing Children In Involuntary Termination Of Parental Rights Proceedings, Anne M. Bingaman

Dickinson Law Review (2017-Present)

In cases of child abuse and neglect, Pennsylvania’s dependency laws both empower courts to act to protect the child and offer opportunities to bolster the parent-child relationship. However, when courts determine that maintenance of the parent-child relationship is not in the child’s best interest, termination of parental rights proceedings play an essential role in freeing the child for adoption.

Pennsylvania’s General Assembly has recognized that termination proceedings are both a necessary mechanism for permanency and a significant intrusion in the life of a child. As a result, the General Assembly enacted 23 PA. CONST. STAT. § 2313(a), a provision in …

Towards A Parent-Inclusive Attorney-Client Privilege, Sande L. Buhai

Georgia Law Review

Few state or federal courts recognize a parent-child
testimonial or communication privilege. Yet, courts
recognize privileges between spouses, clergy-penitent,
and therapist-patient. Supported by the Wigmore test
that legitimized these privileges, this paper argues that
the attorney-client privilege should still exist even if (1)
a client’s parent is included in an attorney-client
meeting in an advisory capacity; (2) the child discloses
contents of the attorney-client communications to the
child’s parent; or (3) the child discusses the contents of
the attorney-client communications with the child’s
parent.

How People Make Sense Of Drones Used For Atmospheric Science (And Other Purposes): Hopes, Concerns, And Recommendations, Janell C. Walther, Lisa M. Pytlikzillig, Carrick Detweiler, Adam L. Houston

Lisa PytlikZillig Publications

Unmanned aerial systems (UAS) can advance understanding of the atmosphere and improve weather prediction, but public perceptions of drone technologies need to be assessed to ensure successful societal integration. Our qualitative study examines public perceptions of UAS technology, and the associated risks and benefits, for such civilian purposes. We examine how people form perceptions, and discuss the implications of these perceptions for UAS design and regulation. Our study finds the public to be favorable toward UAS used for “noble” purposes. Participant views are informed by popular media, personal experiences, comparisons between technologies, and consideration of the trustworthiness of the users, …

Keynote: The Protection Of Lgbt Youth, Craig Konnoth

Publications

This keynote contains three parts. Part I addresses the intersection of two metaphors: medicine and childhood in LGBT Rights. Part II addresses the state regulation of LGBT youth. Part III offers Professor Konnoth's concluding remarks on the protection of LGBT youth.

Em>Mama Tried: Shifting Thinking (And Practice) In Child Welfare Cases When A Parent Is Incarcerated, Brent M. Pattison

American University Journal of Gender, Social Policy & the Law

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 …

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 …

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran

Articles

You are a parent whose children are in foster care. Your court hearing is today, after which you hope your children will return home. Upon leaving the bus, you wait in line to enter the court. At the metal detectors you’re told you can’t bring your cell phone inside. With no storage options, you hide your phone in the bushes, hoping it will be there when you return.

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.

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.

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.

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.

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

Child and Family Law Journal

No abstract provided.

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 …