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Juvenile Law Commons

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Washington and Lee University School of Law

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Articles 61 - 90 of 93

Full-Text Articles in Juvenile Law

Children As Proto-Citizens: Equal Protection, Citizenship, And Lessons From The Child-Centered Cases, Catherine E. Smith, Susannah W. Pollvogt Jan 2014

Children As Proto-Citizens: Equal Protection, Citizenship, And Lessons From The Child-Centered Cases, Catherine E. Smith, Susannah W. Pollvogt

Scholarly Articles

The rights of children have recently taken a prominent role in the popular and judicial consciousness. This is largely due to litigation over marriage equality. In authoring the majority opinion in United States v. Windsor, 133 S. Ct. 2675 (2013), Justice Kennedy cited tangible and psychic harm to the children of same-sex couples as a basis for invalidating the federal Defense of Marriage Act. Post-Windsor, myriad state and federal courts similarly have recognized the manner in which state-level marriage bans inflict harm on the children of same-sex couples. Yet, while courts have recognized the significance of harm to children …


Amicus Brief In United States V. Windsor By Scholars For The Recognition Of Children's Constitutional Rights, Tanya Washington, Catherine Smith, Susannah Pollvogt Jan 2014

Amicus Brief In United States V. Windsor By Scholars For The Recognition Of Children's Constitutional Rights, Tanya Washington, Catherine Smith, Susannah Pollvogt

Scholarly Articles

This amicus brief filed by Scholars of the Constitutional Rights of Children in Windsor turns the spotlight on children in same-sex families. The brief enumerates the many ways Section 3 of DOMA impairs children's interests by denying federal recognition of their parents' marriages. The brief was cited in Respondent's Brief to the Supreme Court for its central thesis: children are a vulnerable demographic which deserves government action that serves their interests, not government action that impairs their interests.


The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl Jan 2014

The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl

Scholarly Articles

On March 14, 2012, a trial chamber of the International Criminal Court (ICC) convicted Thomas Lubanga Dyilo, a rebel leader from the Democratic Republic of the Congo, for child-soldier-related crimes. Some months later, Lubanga was sentenced to a prison term of fourteen years. On August 7, 2012, an ICC trial chamber issued its decision regarding the principles and procedures to be applied to reparations in the Lubanga case. This Article unpacks the relationships between the Lubanga proceedings and how the international community conceptualizes, and strives to prevent, child soldiering. This Article contends that the Lubanga proceedings reinforce, and incubate, a …


Dismantling The United Front In Child Abuse Cases: Reevaluating Delaware’S Serious Injury Statute After Fifteen Years Of Asfa, Eliza M. Hirst, Harper S. Seldin Mar 2013

Dismantling The United Front In Child Abuse Cases: Reevaluating Delaware’S Serious Injury Statute After Fifteen Years Of Asfa, Eliza M. Hirst, Harper S. Seldin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Equal Protection For Children Of Same-Sex Parents, Catherine E. Smith Jan 2013

Equal Protection For Children Of Same-Sex Parents, Catherine E. Smith

Scholarly Articles

Gay rights litigation and advocacy traditionally have focused on the unequal treatment of gay and lesbian individuals and couples; less attention has been dedicated explicitly to the legal rights of the children of gay and lesbian parents. This Article asserts that a child of same-sex parents denied a government benefit has a cognizable equal protection challenge—a legal claim that is separate and distinct from that of the child’s gay or lesbian parents. It is well-settled equal protection law that the government may not treat nonmarital children differently than marital children because of moral disdain for their parents’ relationship, and laws …


Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl Jan 2013

Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl

Books and Chapters

The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. This chapter, which takes a second look at these efforts, aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. As a starting point, this chapter proposes that the dominant language used to characterise child soldiers—that of passive victimhood—be revisited so as to better recognise the potentiality of child soldiers to participate in and lead post-conflict reconstructive efforts. This chapter suggests a variety of …


Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl Jan 2012

Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl

Scholarly Articles

The Kony 2012 campaign, conducted under the auspices of an American advocacy group, Invisible Children, highlighted – somewhat belatedly – the Lord’s Resistance Army (LRA), its leadership, and its many victims in northern Uganda, notably child soldiers. Deeper questions lurk, however, amid the breezy media flurry. How does Kony 2012 inform our understanding of child soldiers? How does it sculpt international efforts to prevent child soldiering?


The Rights Of The Child, Catherine Smith Apr 2011

The Rights Of The Child, Catherine Smith

Scholarly Articles

There are certainly upsides and downsides to pursuing the rights of children of LGBTs that must be thoroughly vetted. On one hand, a focus on the rights of children of gays and lesbians offers another avenue to push for equality by recognizing that discrimination extends to individuals because of their relationship to LGBTs, on the other hand, it may be viewed as bootstrapping or an end-run around lawful discrimination against LGBTs. On one hand, a child-centered approach to LGBT issues may contribute to the children’s rights movement, however, the same principles developed to seek recourse for these children could be …


College Suicide: A Law And Policy Perspective, Gary Pavela Sep 2010

College Suicide: A Law And Policy Perspective, Gary Pavela

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy Sep 2010

Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Appropriate Responses Of Campus Security Forces, Donald Challis Sep 2010

Appropriate Responses Of Campus Security Forces, Donald Challis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp Sep 2010

The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan Sep 2010

What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Detecting And Engaging At-Risk Students, Ann P. Haas Sep 2010

Detecting And Engaging At-Risk Students, Ann P. Haas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


What The Governor’S Panel Learned, Aradhana "Bela" Sood Sep 2010

What The Governor’S Panel Learned, Aradhana "Bela" Sood

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram Sep 2010

A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd Mar 2010

Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Browning Of America—Multicultural And Bicultural Families In Conflict: Making Culture A Customary Factor For Consideration In Child Custody Disputes, Cynthia R. Mabry Mar 2010

The Browning Of America—Multicultural And Bicultural Families In Conflict: Making Culture A Customary Factor For Consideration In Child Custody Disputes, Cynthia R. Mabry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro Sep 2008

Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead Mar 2008

The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead

Washington and Lee Law Review

No abstract provided.


Focusing On Children: Providing Counsel To Children In Expedited Proceedings To Terminate Parental Rights, Bridget A. Blinn Mar 2004

Focusing On Children: Providing Counsel To Children In Expedited Proceedings To Terminate Parental Rights, Bridget A. Blinn

Washington and Lee Law Review

No abstract provided.


Blood Ties: A Rationale For Child Visitation By Legal Strangers, John Dewitt Gregory Mar 1998

Blood Ties: A Rationale For Child Visitation By Legal Strangers, John Dewitt Gregory

Washington and Lee Law Review

No abstract provided.


Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins Mar 1996

Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins

Washington and Lee Law Review

No abstract provided.


Building Bridges: A Personal Reflection On Race, Crime, And The Juvenile Justice System, Fay Wilson Hobbs Mar 1994

Building Bridges: A Personal Reflection On Race, Crime, And The Juvenile Justice System, Fay Wilson Hobbs

Washington and Lee Law Review

No abstract provided.


A Minority View Of Juvenile "Justice", Coramae Richey Mann Mar 1994

A Minority View Of Juvenile "Justice", Coramae Richey Mann

Washington and Lee Law Review

No abstract provided.


Schall V. Martin, Lewis F. Powell, Jr. Oct 1983

Schall V. Martin, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Parens Patriae: From Chancery To The Juvenile Court, Doug Rendleman Jan 1973

Parens Patriae: From Chancery To The Juvenile Court, Doug Rendleman

Scholarly Articles

Not available.


Jury Trials For Juvenile Delinquents In Virginia Mar 1971

Jury Trials For Juvenile Delinquents In Virginia

Washington and Lee Law Review

No abstract provided.


I. The Problem Of The Juvenile, E. Barrett Prettyman Sep 1961

I. The Problem Of The Juvenile, E. Barrett Prettyman

Washington and Lee Law Review

No abstract provided.


Equity-Power Of Court To Order Operation On Child Over Parental Objection For Purpose Of Preventing Harmful Psychological Reaction In Child [In Re Seiferth, N. Y. 1954] Sep 1955

Equity-Power Of Court To Order Operation On Child Over Parental Objection For Purpose Of Preventing Harmful Psychological Reaction In Child [In Re Seiferth, N. Y. 1954]

Washington and Lee Law Review

No abstract provided.