Juvenile Law Commons^™

Into The Sunset: Divorcing Families Need Their Slice Of The Tcja Reversions, John C. Mcdonald

BYU Law Review

On its path to sufficiently offsetting its major cut to the corporate income tax rate in 2017, Congress turned to a surprising source for funds: the alimony support payments of recently divorced families. Alimony’s inclusion/deduction regime in §§ 71 and 215 of the Code allowed divorcing couples to reach mutually beneficial divorce agreements for over half a century until it was unceremoniously repealed by the Tax Cuts and Jobs Act of 2017 with a striking lack of satisfying legislative justifications. This Note suggests that in evaluating the impact of the repeal, Congress and others have failed to consider an important …

It Takes A Village: Why And How Georgia Should Afford Greater Protection To Juveniles During Police Interrogations, Lillie Tate Andrews

Mercer Law Review

On June 27, 1998, Lori Duniver discovered that her five-year-old daughter, Devan, was missing from her home in New Philadelphia, Ohio. The following day, Devan’s body was found in a wooded area near her home. The Duniver family’s twelve-year-old neighbor, Anthony Harris, was ultimately convicted of Devan’s murder and sentenced to a term of incarceration to last until his twenty-first birthday. However, on June 7, 2000, the Court of Appeals of Ohio reversed his conviction on the ground that the juvenile court had improperly denied a motion to suppress his confession, which was coerced in violation of his Fifth Amendment …

Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker

Faculty Scholarship

Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …

The Rise And Eventual Fall Of El Salvador’S Mano Dura, Margo Jarjoura

University of Miami Inter-American Law Review

No abstract provided.

Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024), Samantha Smit, Louis Koen

SAIPAR Case Review

This piece examines the Zambian Court of Appeal's decision to overturn a life imprisonment sentence imposed on juvenile offenders, replacing it with detention ‘at the President's pleasure.’ The commentary explores the legal implications of this discretionary sentence, drawing parallels with similar controversies in other African jurisdictions, particularly Kenya, where such sentences have been criticized for undermining constitutional rights and the doctrine of separation of powers. The authors argue that ‘detention at the President's pleasure’ can effectively amount to an indefinite sentence, raising concerns about the uncertainty of imprisonment duration for child offenders. They suggest that the Zambian court missed an …

Kindly Remove My Child From The Bubble Wrap - Analyzing Childress V. Madison County And Why Tennessee Courts Should Enforce Parental Pre-Injury Liability Concerns, Joshua D. Arters, Ben M. Rose

Tennessee Journal of Law and Policy

“I overstepped my parental boundaries at the Aiguille Rock Climbing Center . . . . I signed a waiver absolving it of blame if my daughter pulled a Humpty Dumpty from the top of a wall. The Florida Supreme Court recently ruled I didn't have that right. I can make all kinds of decisions for my girl, including life-and-death calls on medical care. But I can’t judge the risk she will take scaling a 20-foot wall and decide it is so miniscule that I’m willing to sign a waiver so she can do it—not even if I’m holding the safety …

In Re: Tennessee Supreme Court Rule 40a No. M2009-01926-Sc-Rl2-Rl, The Supreme Court Of Tennessee

Tennessee Journal of Law and Policy

No abstract provided.

No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke

Tennessee Journal of Law and Policy

No abstract provided.

Is Parenting Authority A Usurpation Of Judicial Authority? Harmonizing Authority For, Benefits Of, And Limitations On This Legal-Psychological Hybrid, Joi T. Montiel

Tennessee Journal of Law and Policy

A “Parenting Coordinator” assists high-conflict parents in resolving disputes that arise in the parents’ efforts to jointly parent their children after a divorce. The Parenting Coordinator simultaneously educates the parents so as to minimize the degree and frequency of future conflict. While Parenting Coordination is not mediation or arbitration, it is also not counseling. Instead, Parenting Coordination is a “legal-psychological hybrid.” A trial court’s delegation to one in this hybrid role the power to determine a fit parent’s access to her child is arguably an improper delegation of judicial authority. While thirteen states have comprehensive schemes setting out their Parenting …

Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes

Tennessee Journal of Law and Policy

No abstract provided.

Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub

University of Cincinnati Law Review

No abstract provided.

Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action, Abby Metcalf

Dalhousie Journal of Legal Studies

The following paper is a critical analysis of Nova Scotia’s secure care model which is legislated under ss. 55-56 of the Children and Family Services Act. Under these provisions, children who are in the care of the Minister of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia may be confined against their will at the Wood Street Centre in Truro, Nova Scotia. This paper makes two critical arguments. The first is that the legislation concerning secure care in this province is notably overbroad, leaving children who are in crisis vulnerable to being subjected to what is …

A Global Comparison Of Communication Intervention Strategies For Justice-Involved Youth, Sophia Janeiro Martinez

OUR Journal: ODU Undergraduate Research Journal

Purpose: This paper explores the intricate relationship between communication disorders and delinquent youth behavior. It will explore the detrimental impact of zero-tolerance policies and their contribution to the school-to-prison pipeline. It will introduce issues, such as complex Miranda warning diction, and the benefits of including speech-language pathologists (SLPs) to aid in youth comprehension. Additionally, it will propose the integration of SLPs within the juvenile justice system to assist in communication between justice-involved youth (JIY) and justice professionals during conversations, questioning, and trials or hearings. Furthermore, this paper examines the roles of SLPs within juvenile justice systems abroad, including Canada, …

The Psychological Impacts Of Algorithmic And Ai-Driven Social Media On Teenagers: A Call To Action, Sunil Arora, Sahil Arora, John Hastings

Research & Publications

This study investigates the meta-issues surrounding social media, which, while theoretically designed to enhance social interactions and improve our social lives by facilitating the sharing of personal experiences and life events, often results in adverse psychological impacts. Our investigation reveals a paradoxical outcome: rather than fostering closer relationships and improving social lives, the algorithms and structures that underlie social media platforms inadvertently contribute to a profound psychological impact on individuals, influencing them in unforeseen ways. This phenomenon is particularly pronounced among teenagers, who are disproportionately affected by curated online personas, peer pressure to present a perfect digital image, and the …

Child-Taking, Diane Marie Amann

Scholarly Works

A ruling group at times takes certain children from their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done and the children are lost. But that may be changing, as the International Criminal Court is seeking to arrest …

Childhood Adversity's Impact On Criminal Behavior, Isobel Marie Avento

Theses and Dissertations

Adverse childhood experiences (ACEs), such as abuse, neglect, and family criminal history, have been identified as potential risk factors for negative physical, psychological, and behavioral health outcomes. Emerging literature suggests that ACEs are also among the primary factors leading to delinquency and adult criminal behavior. However, there is limited applied research that provides practitioners with appropriate insight to intervene when ACEs are identified among juvenile delinquents to reduce recidivism risk. This study adds to the existing literature by examining how cumulative ACEs shape criminal behavior of individuals from the onset until its desistance over the span of twenty years. Using …

In Loco Reipublicae And The Parental Duty To Expose Children To Ideas Outside The Home, Catherine Smith

Scholarly Articles

In Loco Reipublicaie boldly centers children’s rights and adeptly fills an existing jurisprudential gap by infusing parental rights with important duties to respect and facilitate children’s exercise of their own citizenship rights. It is a children’s-rights-forward shot across a heavily prioritized parents’ rights bow. It’s about time.

The Impact Of Adverse Childhood Experiences And Child Protective Services Involvement On Juvenile Delinquency, Liana Pachot

Master of Arts in Human Services

In this paper, the aim is to study the relationship between adverse childhood experiences and the cause and effect that these experiences have on adolescent behavior that leads to delinquency involvement. Along with this, we will look at the impact of human services professionals, like child protective services, and their impact on these challenging behaviors and goal of decreasing recidivism. We will look at the structure of the juvenile justice system, and how human service professionals play a role in the systems that impact the adolescent delinquency population. There will also be a breakdown of what Adverse Childhood Experiences are …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

(Hidden) In Plain Sight: Migrant Child Labor And The New Economy Of Exploitation, Shefali Milczarek-Desai

Arkansas Law Review

Oppressive child labor in America is both an age-old problem and one that is relatively new. Part I presents the tumultuous history of child labor regulation in the United States—a history that provides clues as to why contemporary child labor laws fall far short of comprehensively addressing oppressive, migrant child labor. It then pivots to the contemporary child labor crisis by describing the new economy of exploitation and the unaccompanied migrant children upon which it relies. Part II sets forth the current U.S. legal landscape surrounding child labor laws, including these laws’ failure to protect migrant children. Next, Part II …

Seeing Race & Sexuality: Child Welfare & Forced Labor, Annie Isabel Fukushima, Jens Nilson, Kaden Richards

Arkansas Law Review

This Article examines how child welfare responds to children who are forced to labor through a case study of California. We use an intersectional framework to argue that a conceptualization of current sociolegal responses to human trafficking cannot be delinked from racialized and sexualized forms of governmentality. In using an intersectional framework, we hope to draw upon intersectionality as a way to “point[] to the ways that structural inequality, persistent disadvantages, and structural abandonment are some of the root causes of microlevel violent interactions and at the same time influence how effective macrolevel justice policies are at responding to or …

How To Situate High School Student Part-Time Work Trends: An [Incomplete] Empirical Glance, Michael Heise

Arkansas Law Review

Recent federal warnings about increases in child labor law violations coincide with various state efforts to dilute child labor protections. This Article confines itself to the array of outcomes attributable to lawful part time work performed by non-trafficked, full-time, U.S. high school students. This Article sets out to develop two modest and separate—though related—claims. The first claim is that clear and reliable answers do not emerge for such basic policy questions as, for example, whether student part-time work during high school constitutes a penalty or, instead, confers rewards to students. This Article’s second claim is methodological. Specifically, much of the …

Children At Work, Parental Rights—And Rhetoric, Naomi Cahn, Maxine Eichner, Mary Ziegler

Arkansas Law Review

States are increasingly considering and enacting laws that reduce protections for child laborers, and the number of minors who have been employed in violation of existing child labor laws has been steadily growing. We argue that politicians deploy the rhetoric of parental rights in today’s legislative battles over child labor protections to create political cover for reforms that benefit businesses, not children or their families. Part I demonstrates that appeals to parental rights have a long history in child labor law. Through much of the battle to regulate children’s labor, child-labor opponents insisted that regulations infringed parents’ legitimate rights over …

State Policy Levers To Fight Child Labor, Terri Gerstein

Arkansas Law Review

Oppressive child labor has made a resurgence in the United States. Media reports have revealed children as young as fourteen and fifteen working as roofers, in meatpacking facilities, in automobile manufacturing plants, and in other jobs that are hazardous and inappropriate for children. In the face of the current crisis, concerned commentators, advocates, and media have focused extensively on potential federal action and on problematic red-state rollbacks of child labor protections. Meanwhile, policy discussions often focus on the low-hanging fruit of increasing civil monetary penalties. This Article notes the importance of increasing penalties, as well as significantly increasing enforcement resources. …

Foreword, Annie B. Smith

Arkansas Law Review

There has been a recent and well-documented increase in unlawful child labor in the United States and a simultaneous organized effort to weaken state child labor protections. In reaction to these converging trends – along with disturbing media coverage of children injured and killed at work, the White House, U.S. Department of Labor, child advocates, labor rights’ organizers and others have mobilized to respond. This Symposium, Children at Work, was convened to focus our collective attention on this critical and emerging issue. Once considered well-settled, questions of when children work and the types of work they should do are again …

Trauma-Focused Justice: Recognizing Systemic Trauma, Samantha Buckingham

University of Arkansas at Little Rock Law Review

No abstract provided.

Fund Kinship Caregivers To Help Keep Families Together, Not Separate Them, Joshua Gupta-Kagan

Faculty Scholarship

Money impacts relationships. And when the money involved is a foster care subsidy to kinship caregivers, it can drive a wedge in relationships between parents and kinship caregivers that should be strengthened, not strained. Unfortunately, foster care funding incentivizes the “relational disruption”1 endemic to foster care, when it should instead support family members coming together to support each other and their children.

In contrast, Medicaid funding has increasingly supported family members taking care of each other and can provide child welfare with a model for funding family caregiving without disrupting relationships and without even requiring a family court or foster …

Maine Regional Care Teams: Collaborating To Improve Youth Wellbeing In Maine, Emma Schwartz, Jillian Foley, Jill Ward, Ahmen Cabral, Timothy Atkinson

Justice Policy

This report provides a look back at the past three years of the Regional Care Team initiative, which helped connect 165 youth to community-based resources in those first three years through a collaborative multi-systems model. The report details the extent of cross-system collaboration that continues as a part of this initiative and summarizes feedback from partners, examines data on youth referrals, their histories of system involvement, and funding. The report recommends next steps to expand prevention, community intervention, and reintegration supports for youth.

Panel Presentation, The Criminalization Of Trans Lives And Health Care: Provider And Patient Perspective, Dana N. Johns

Utah Law Review

Bans on gender affirming care are going to take a group of individuals who, as a whole, are already marginalized and already at risk. And then within that group, it’s going to segregate them even more because you’re going to have the people who can do that. You’re going to the families who can take their kids eight hours to another state. Then you’re going to the family that can’t because they can’t pay out of pocket, or they can’t take off work or they can’t make it to a state where their child can get care. These laws will …

Legally Sanctioned Takings Of Black Children: How Slavery Reverberates In The Modern Child Welfare System, Abigail Mitchell

The Scholar: St. Mary's Law Review on Race and Social Justice

This article explores the link between the taking of Black children from their families perpetrated as part of American slavery and modern takings in the modern family policing system. This article posits that underpinning both systems is a pervasive paternalism that purports to be benevolent but has been weaponized to systematically traumatize Black children and villainize Black parents. This article takes a sweeping historical perspective and connects the same discourse used to justify slavery to that which has permeated the modern family policing system.