Juvenile Law Commons^™

The Hyper-Incarceration Of Female Minority Juvenile Offenders Within The Juvenile And Criminal Justice Systems, Ruth C.A. Philippe

Selected Honors Theses

Young women are the fastest-growing portion of the juvenile justice system population. Girls experience risk factors at higher rates than boys, exhibit mental health issues at higher rates than boys, suffer more negative consequences from justice system involvement than system-involved boys, and are less likely to access treatment than boys. Girls are also more likely to become involved with the justice system for minor offenses such as running away or skipping school. In particular, young women of color receive unfair treatment than their counterparts. Girls of color are disadvantaged and treated differently within both the juvenile and criminal justice systems …

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

Gator Team Child 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.

Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn

Dickinson Law Review (2017-Present)

Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …

Kids, Cognition, And Confinement: Evaluating Claims Of Inadequate Access To Mental Health Care In Juvenile Detention Facilities, Lydia G. Mrowiec

William & Mary Journal of Race, Gender, and Social Justice

In the United States, almost 60,000 juveniles are incarcerated in juvenile jails and prisons every day, and, as of March 2021, at least seventy percent of juveniles in the juvenile justice system have a mental health condition. For many young adults, prison and detention centers have “become the avenue of last resort” for treatment of those mental health conditions. However, juvenile detention facilities lack the support and resources to provide adequate care, which has led to high recidivism in the juvenile population. Juveniles, and individuals on their behalf, can challenge inadequate access to mental health resources by bringing claims under …

Disrupting The School-To-Prison Pipeline: The Development Of Strong, Stable Relationships, Mackiah Hoff

Senior Capstone Papers

The “school-to-prison pipeline” is a disturbing national trend where school policies and practices unjustly funnel children—namely children who are Black and Brown and/or have disabilities—into the Juvenile Justice system. Students of color are far more likely to be suspended, expelled, or arrested for the same kind of behavior as their white peers, and youth with disabilities are acutely affected by schools who ignore due process protections. Such students would benefit from extra supports and resources but instead face zero-tolerance policies, exclusionary discipline, and unreasonable difficulties with re-entry into school. The following research presents a review of current literature as it …

An Analysis Of Juvenile Gun Violence Mitigation In Columbia, South Carolina, Amelia Shook

Senior Theses

Over the past ten years, the United States has been impacted by the increasing frequency of homicides due to gun violence. Juvenile homicides via firearms are examined on a national, state, and county level by the Centers for Disease Control and Prevention (CDC) and analyzed to showcase adjusted age and years of potential life lost due to gun violence. Data obtained through a CDC database depicts the geographic areas being examined: United States, South Carolina, and Richland County. South Carolina will be singled out and examined individually as it ranks eighth highest in the United States for gun violence. Richland …

Commodified Inequality: Racialized Harm To Children And Families In The Injustice Enterprise, Daniel L. Hatcher

All Faculty Scholarship

This article addresses the systemic racialized harm of a vast injustice enterprise, with a focus on the symbiotic operations of agencies and justice systems monetizing vulnerable children and families, including the impact of contractual revenue schemes uncovered in my new book, Injustice, Inc. Our foundational justice systems are permeated by a history of racial injustice, and that history reverberates into factory-like operations that churn children and the poor into revenue. The revenue-generating mechanisms used by juvenile and family courts, prosecutors, probation departments, police, sheriffs, and detention facilities all draw the concerning historical connection—interlinked with the practices of child and …

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy & Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

Inadmissibility: Solving Questionable Consent To Juvenile Interrogations, Wilson Baer

Brooklyn Law Review

Around the country, juveniles are brought in by police officers for the purpose of interrogations. Juveniles have the same constitutionally mandated protections as adults do and so they are read the same Miranda rights as adults are (or alternatively a version tailored specifically for juveniles). However, it is generally understood that, due to ongoing brain development, juveniles merit increased protections relative to adults. Generally, the solution to the problem has been to add an advocate for the child in the interrogation room. Usually, states have accomplished this by mandating parent presence, and some have mandated attorney presence. While these individuals …

Introduction To Issue Three, Paul W. Kucinski

Loyola University Chicago Law Journal

No abstract provided.

"Children's Equality Law" In The Age Of Parents' Rights, Catherine E. Smith

Scholarly Articles

In this Article, I will briefly highlight the meager doctrinal landscape for children's equal protection rights. I will then argue that the current family law system, relying on parents to act in the best interest of children to protect them, falls far short in a society built upon group-based hierarchies. Sometimes, parents will not have the political power to act in their children's best interest to intervene to stop their unequal treatment at the hands of state and private actors. In fact, several landmark cases demonstrate that often out of necessity, children's rights play a pivotal role in ensuring our …

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

Denormalizing Harm To Migrant Children In The U.S. Immigration System: A Comparative Perspective, Sarah J. Diaz, Oneida Vargas

Children's Legal Rights Journal

No abstract provided.

The Case For The Prohibition Of Corporal Punishment In The U.S., Katie Coyle

Children's Legal Rights Journal

It is undeniable that the United States ("U.S.") has experienced significant social changes within the past 150 years. Social progress has been made regarding issues related to both race and gender. For example, until the 1870s, men were legally entitled to physically chastise their wives. It was just a decade prior to this that slavery had been abolished. At the root of these issues was the notion that women and people of color were not autonomous holders of rights, but rather were "property" that belonged to their owners or partners. Arguably, one area of U.S. civil rights where this concept …

Moral Injury: The Undiagnosed Epidemic Spread Through The Family Policing System And A Call For Abolition, Leyda M. Garcia-Greenawalt

Children's Legal Rights Journal

No abstract provided.

Parenting Prison: How Mass Incarceration Of Parents Affects Child Development, Bridget Boland

Children's Legal Rights Journal

No abstract provided.

"We Can't Hear You": A Call For Right To Counsel For Youth In Care, Leyda Garcia-Greenawalt

Children's Legal Rights Journal

No abstract provided.

Protecting Children's Privacy Rights: A Preventative Measure For Suicide Among Children, Abigail Magat

Children's Legal Rights Journal

Article 16 of the United Nations Convention on the Rights of Child (UNCRC) broadly entitles children to protections of their privacy and reputations. Under the UNCRC, nations have pledged to uphold any protections necessary to protect children against such attacks or interference regarding their honor and reputation. Among the 196 member states of this convention, very few have specific legislation dedicated to protecting children's privacy rights. As the cyberworld has increasingly become heavily accessible to children, so has the notion that their reputation and honor revolve around how they are perceived on the internet. Nevertheless, throughout most member states, privacy …

Organizations Behind Ending The Gun Violence Epidemic, Melissa Spero

Children's Legal Rights Journal

No abstract provided.

Is Florida Ready For The Universal School Choice Bill?, Joseline Vargas

Children's Legal Rights Journal

Educational inequities can affect someone's future; school choice is meant to bridge the gap between those that receive a better education and those unable to receive one due to financial hardships to ensure a better future for students. While in numerous occasions school choice is a student's saving grace from a failed system, regulations must be in place to ensure that the people that are being helped by the law are those who need it, not just want it. Florida, following the school choice movement, has introduced the Universal School Choice Bill, which has now been voted in and signed. …

The Harmful Effects Of Expansive Immunity Protections For Child Abuse Reporters And The Lack Of Justice For Those Who Are Falsely Accused, Kristina Joslin

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Woke Capital Revisited, Jennifer S. Fan

Seattle University Law Review

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Women In Shareholder Activism, Sarah C. Haan

Seattle University Law Review

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …

Beyond The Business Case: Moving From Transactional To Transformational Inclusion, Jamillah Bowman Williams

Seattle University Law Review

While workplace diversity is a hot topic, the extent to which the diversity management movement has effectively improved intergroup relations and reduced racial inequality remains unclear.1 Despite large investments in diversity and inclusion training and other company wide initiatives, historically excluded groups remain vastly underrepresented in leadership and the most lucrative careers, such as finance, law, and technology. This calls the efficacy of diversity, equity, and inclusion (DEI) efforts into question, particularly with respect to reducing racial inequality in the workplace.

This Article explains why it is time for organizational leaders to move beyond the transactional case for diversity and …

Investment Bankers And Inclusive Corporate Leadership, Afra Afsharipour

Seattle University Law Review

Few major deals happen without the engagement and advice of investment bankers. Whether a company is undertaking an initial public offering or engaging in a large merger or acquisition deal, investment bankers play a central role in advising corporate executives. Successful investment bankers are devoted to cultivating relationships with executives. And these relationships place bankers in a position to earn tens of millions in fees for their advisory and service roles in connection with corporate dealmaking. Investment bankers’ constant endeavors to nurture relationships with executives, while also maximizing their own ability to enhance fees, commonly leads to allegations of double-dealing, …

Reframing The Dei Case, Veronica Root Martinez

Seattle University Law Review

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

How Firms Turn Middle Managers Into Diversity Leaders, Alexandra Kalev, Frank Dobbin

Seattle University Law Review

In 2007, the Conference Board published a piece calling middle managers “the biggest roadblock to diversity and inclusion” for standing in the way of change efforts. Today, many chief diversity officers report that they have failed both to diversify middle management and to get middle managers involved in promoting inclusion. We explore popular diversity programs that create “paper” or “symbolic” principles for achieving diversity (diversity policy statements and guidelines for hiring, promotion, and discharge), as well as programs that engage middle managers in promoting diversity (special recruitment and mentoring programs, and diversity task forces). “Paper” policies often fall flat, but …