Juvenile Law Commons^™

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.

Mass Parental Incarceration And Sentencing Reform In Minnesota, Caitlin Curry, Veronica Horowitz, Julie Matonich, Kristin Stock

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.

When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings, Emily R. Mowry

Dickinson Law Review (2017-Present)

The U.S. Constitution grants American citizens numerous Due Process rights; but, historically, the Supreme Court declined to extend these Due Process rights to children. Initially, common-law courts treated child offenders over the age of seven in the same manner as adult criminals. At the start of the 20th century, though, juvenile reformers assisted in creating unique juvenile courts that used the parens patriae doctrine and viewed children as delinquent youths in need of judicial parental guidance rather than punishment. Later, starting in 1967, the Supreme Court released multiple opinions extending certain constitutional Due Process rights to children in juvenile delinquency …

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.

Cruel To Be Kind: The Societal Response To Technology And Youth Sexual Expression, Kelly Muldavin

Lewis & Clark Law Review

The sending and receiving of explicit images via cellular phone—popularly referred to as “sexting”—has emerged as a common method of sexual expression in the digital age. Though sexting is a relatively accepted practice among adults, society views sexting among minors as a significant threat to the health and well-being of young people. In an effort to curb the practice, many states have sought to prosecute minors engaged in sexting under existing child pornography laws. Subjecting children to far-reaching social, professional, and psychological harms at the hands of the criminal justice system is justified, proponents argue, because we must protect children …

The Stability Paradox Of Special Immigrant Juvenile Status Backlogs: Unstable Policy Implementation For A Stability-Aimed Visa, Lanna Seline Sanchez

Pomona Senior Theses

As of May 2016, the U.S. State Department officially declared a priority date for all green cards for applicants from El Salvador, Guatemala, and Honduras that capped the number of visas granted to individuals from these three countries to just 10,000 per year. This inherently created a two to three-year backlog for Special Immigrant Juvenile Status applicants from these countries as well, meaning that SIJS petitioners will remain undocumented for periods of up to six years until their petition is adjudicated by USCIS and their priority date arrives. I research whether the increasingly difficult path to obtaining permanent residency through …

Broken Bones And Pepper Spray: The State-Sanctioned Abuse Of Immigrant Juveniles In Custody, Alex Bruce

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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.

Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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, …

Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Changes In The Children's Television Marketplace, The Children's Television Act, And The First Amendment, Joel Timmer

Cardozo Arts & Entertainment Law Journal

Since the passage of the Children's Television Act of 1990, broadcast television stations have been required to provide educational programming for children as a condition for license renewal. Since 1996, broadcasters can fulfill this obligation by providing three hours of such programming according to the Federal Communications Commission's (FCC) guidelines. These requirements were later extended to broadcasters' multicast channels. With more children's programming available today than ever before from a wide variety of sources, and with changes in the ways children consume programming, the FCC has proposed to revise its rules to reflect these changes. This Article considers the constitutionality …

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.

What Role Is Neuroscience Playing In New State Raise-The-Age Laws?, Dane N. Stallone

Capstones

Several states have cited neuroscientific evidence to help justify new raise-the-age laws that raise the age at which offenders can be tried as adults. Neuroscience shows that adolescent brains continue to mature well into their 20s. How much influence neuroscience should have in determining legal policy, however, remains contested among experts.

https://theartofscienceme.wordpress.com/2019/01/05/what-role-is-neuroscience-playing-in-new-state-raise-the-age-laws/

If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal’S Intelligence For Determinations Of Legal Personhood, Paul Mclaughlin

Law Library Faculty Scholarship

Children and animals are treated much the same under the law. Both are seen as having limited, if any, legal rights. For children there are legal processes that can be used to determine if a minor is mature enough to be considered a legal person for life affecting decision making considerations and emancipation proceedings. Animals, no matter what their intelligence levels, are not allowed an opportunity to be found as legal persons and are denied the rights, privileges, and responsibilities that legal personhood bestows. This article looks at the similarities between the historical treatment of children and animals and argues …

Analysis Of Michigan Juvenile Detention Facilities, Loredana M. Cunningham

Honors Projects

The world of juvenile justice is a relatively new concept in today’s society dating back to the nineteenth century in comparison to the ancient structure of the criminal justice system. It is no wonder that the development of juvenile detention centers has been a slow process considering the late start to having modern research for this contemporary structure of a justice system for youth. While there are licensing standards for each juvenile detention facility to meet in order to continue having the beds to be occupied, there are unique ways that each facility can achieve that. The research focused on …

Second Class Citizenship? The Plight Of Naturalized Special Immigrant Juveniles, Irene Scharf

Cardozo Law Review

No abstract provided.

Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Education Systems In Juvenile Detention Centers, Karen Sullivan

Brigham Young University Education and Law Journal

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 …

Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings, Brenda V. Smith, Hayley Gorenberg, J. Rhodes Perry, Lisa Belmarsh, Shaena Johnson, Steven Jett, Rebecca Walters, Macarena Saez, Dana Shoenberg, Terry Schuster, Josh Delaney, Karen Bachar, Mykel Selph, Mark Seymour, Sharita Gruberg, Chris Daley, Mark Yarhouse

Research Reports & White Papers

In 2016 according to the U.S. Department of Justice, 856,130 youth were arrested and 45,567 juveniles were held in 1,772 residential juvenile facilities across the country. Detained and confined youth share many characteristics: most are from poor communities and lack access to quality health care. Mental illness and sexually transmitted infections are prevalent. Compared to their non-confined counterparts, incarcerated youth also experience higher rates of substance abuse and homelessness, are educationally behind their peers, are disproportionately identified as needing special education services, and are more likely to have had traumatic experiences (including sexual and emotional abuse) and injuries including traumatic …

The Equal Protection Doctrine In The Age Of Trump: The Example Of Unaccompanied Immigrant Children, Rebecca A. Delfino

Brooklyn Law Review

The Equal Protection Doctrine—the right of equals to equality—has taken on renewed relevance since the 2016 federal election cycle. The values of equality and due process, expressed in the Fifth and Fourteenth Amendments of the United States Constitution, are currently under siege. Laws and institutions central to the core functions of the federal government have been dismantled, repealed, or ignored. In this climate, legislative and executive regulatory solutions are not viable, and the traditional means to remedy inequities and discrimination may no longer work. The only way to protect the long-held democratic value of equality is to challenge the actions …

The Futility Of Futility: An Analysis Of The Charlie Gard Case Within The Framework Of U.S. Law, Elana Bengualid

Cardozo Law Review

No abstract provided.

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 …

Juvenile Status Offenses: The Prejudicial Underpinnings Of The Juvenile Justice System, Zachary Auspitz

University of Miami Race & Social Justice Law Review

No abstract provided.

Chandler V. Mississippi: Brief Of Amici Curiae Current And Former Prosecutors, Department Of Justice Officials, And Judges In Support Of Petitioner, Barbara L. Mcquade

Appellate Briefs

Amici are current and former federal, state, and local prosecutors, Department of Justice officials, and judges with experience prosecuting, establishing policy for prosecuting, and sentencing for violent crimes, including those committed by juveniles. Amici recognize the importance of fair and proportionate sentencing to the credibility of the criminal justice system and the need to balance the impact of the crime on victims and survivors with the characteristics of the offender, including youth and the possibility of rehabilitation. Amici believe that states have an obligation to provide minimal procedural safeguards to effectuate this Court's direction to reserve the ultimate penalty of …

Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.

Reforma De La Revisiòn De Sentencia: Un Análisis Comparativo Del Sistema De Justicia Juvenil En Los Estados Unidos, El Reino Unido, Colombia Y Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.