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Articles 1 - 22 of 22
Full-Text Articles in Law and Psychology
Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations 11-15-2024, Roger Williams University School Of Law
Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations 11-15-2024, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon
Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon
Seattle University Law Review
In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.
Co-Parents With Benefits, Jessica Feinberg
Co-Parents With Benefits, Jessica Feinberg
Faculty Publications
The relationshipbetween individuals who share a common child merits significant legal and societal attention. An increasingly high percentageofchildren are being raisedby parents who are not married to each other, and modern social science research demonstrates that the quality of the relationship between co-parents has serious implications for children's well-being. When co-parentage is unaccompanied by marriage, however, the law historically has attachedfew, if any, rights and obligations to the relationship. This historical disregard for the relationship between non-marital co- parents fails to promote children's best interests. Children whose parents are not marriedto each other should not be excludedfrom the benefits that …
The Ties That Bind Us: An Empirical, Clinical, And Constitutional Argument Against Terminating Parental Rights, Vivek S. Sankaran, Christopher Church
The Ties That Bind Us: An Empirical, Clinical, And Constitutional Argument Against Terminating Parental Rights, Vivek S. Sankaran, Christopher Church
Articles
This Article explores the unnecessary termination of a child's relationship with their parent from an empirical, clinical, and constitutional lens. Part I explores administrative data related to TPR, which like many child protection metrics, resembles nothing short of a wild west of practices and policies relating to how often and how fast child protection systems terminate parental rights. These data also reveal how TPR can unnecessarily delay legal permanency for children, particularly those children who are living with extended family, and how a State pursuing TPR can drain its own scarce resources, a system perpetually decrying insufficient resources. Part II …
The Child Vanishes: Justice Scalia's Approach To The Role Of Psychology In Determining Children's Rights And Responsibilities, Aviva Orenstein
The Child Vanishes: Justice Scalia's Approach To The Role Of Psychology In Determining Children's Rights And Responsibilities, Aviva Orenstein
Articles by Maurer Faculty
This Article explores how Justice Antonin Scalia’s hostility to psychology, antipathy to granting children autonomous rights, and dismissiveness of children’s interior lives both affected his jurisprudence and was a natural outgrowth of it. Justice Scalia expressed a skeptical, one might even say hostile, attitude towards psychology and its practitioners. Justice Scalia’s cynicism about the discipline and the therapists who practice it is particularly interesting regarding legal and policy arguments concerning children. His love of tradition and his rigid and unempathetic approach to children clash with modern notions of child psychology. Justice Scalia’s attitude towards psychology helps to explain his jurisprudence, …
Social-Ecological And Protective Factor Approach To Managing Parental Incarceration, Jacquelyn Harris
Social-Ecological And Protective Factor Approach To Managing Parental Incarceration, Jacquelyn Harris
Dissertations
Mass imprisonment does not only impact the incarcerated individual; it also affects approximately five million children in the United States. Researchers identified and compare the impact of parental incarceration on child development. They acknowledged the protective factors across the lifecycle from a social-ecological perspective and specifically related to parental incarceration. The comprehensive literature review inspired an innovative model, the social-ecological and protective factor approach to managing parental incarceration. The primary goal of this model is to combat the detrimental effects of parental incarceration by identifying protective factors across the lifecycle and throughout the microsystem, mesosystem, and exosystem. This model is …
Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo
Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Adverse Childhood Experiences In The New Mexico Juvenile Justice Population, Yael Cannon, George Davis, Andrew Hsi, Alexandra Bochte
Adverse Childhood Experiences In The New Mexico Juvenile Justice Population, Yael Cannon, George Davis, Andrew Hsi, Alexandra Bochte
Georgetown Law Faculty Publications and Other Works
Faculty from the University of New Mexico (UNM) School of Law and the UNM School of Medicine, and New Mexico’s Children, Youth and Families Department (CYFD) initiated a joint project to look at the prevalence of Adverse Childhood Experiences (ACEs) nationally and in New Mexico. The study was intended to better establish the association between early childhood trauma and delinquency, as well as to explore the role that law and medicine can play in ensuring better health and juvenile justice outcomes for children who have experienced ACEs.
Food Policy And Cognitive Bias, Paul F. Campos
Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado
Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado
Pepperdine Dispute Resolution Law Journal
The article offers information on the long-term effects of divorce on children and parents under the analysis of the social science literatures. It informs that the U.S. Courts should encourage reconciliation between low-discord parents which in turn would help to save their marriage and protect their children from negative psychological effects of their divorce.
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Pepperdine Law Review
No abstract provided.
Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort
Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort
Articles
Child welfare cases involving mental illness suffered either by a child or his parent can be among the most difficult and perplexing that a child’s lawyerguardian ad litem (L-GAL) will handle. They may present daunting problems of accessing necessary and appropriate services as well as questions about whether and when such mental health problems can be resolved or how best to manage them. They also require the L-GAL to carefully consider crucially important questions—rarely with all the information one would like to have and too often with information that comes late in the case, is fragmented or glaringly incomplete. This …
Building Resilience In Foster Children: The Role Of The Child's Advocate, Frank E. Vandervort, James Henry, Mark A. Sloane
Building Resilience In Foster Children: The Role Of The Child's Advocate, Frank E. Vandervort, James Henry, Mark A. Sloane
Articles
This Article provides an introduction to, and brief overview of trauma, its impact upon foster children, and steps children's advocates" can take to lessen or ameliorate the impact of trauma upon their clients. This Article begins in Part 11 by defining relevant terms. Part III addresses the prevalence of trauma among children entering the child welfare system. Part IV considers the neurodevelopmental (i.e., the developing brain) impact of trauma on children and will explore how that trauma may manifest emotionally and behaviorally. With this foundation in place, Part V discusses the need for a comprehensive trauma assessment including a thorough …
The Scientific Shortcomings Of Roper V. Simmons, Deborah W. Denno
The Scientific Shortcomings Of Roper V. Simmons, Deborah W. Denno
Faculty Scholarship
This Article contends that some of the case law and social science research that form the basis for the United States Supreme Court's decision in Roper v. Simmons are insufficient and outdated. The Court also relies heavily upon briefs submitted by the respondent and his amici, in lieu of providing more pertinent citations and analysis that could have enhanced and modernized the Court's arguments. The sparse and sometimes archaic sources for Roper potentially limit the opinion's precedential value. For example, the Court cites Erik Erikson's 1968 book, Identity: Youth and Crisis, to support the view that, relative to adults, juveniles …
Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull
Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring
Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring
University of Michigan Journal of Law Reform
The Westermarck theory maintains that incest avoidance arises from the physical proximity of siblings during a critical period of early childhood. This proximity gives rise to an inhibiting effect on post childhood sexual interest. Two recent studies of sibling relationships have verified and refined the Westermarck theory, indicating that the critical period extends through the first four years of childhood. The theory and the studies have implications for child welfare laws, policies and practices surrounding the placement of siblings in foster care. Namely, the findings provide powerful reasons for placing siblings together during the critical period in order to minimize …
Herd Behavior In Designer Genes, Peter H. Huang
Herd Behavior In Designer Genes, Peter H. Huang
Publications
The ability of individuals to choose their children's genes has increased over time and may ultimately culminate in a world involving free market reprogenetic technologies. Reprogenetic technologies combine advances in reproductive biology and genetics to provide humans increased control over their children's genes. This Article offers economic perspectives that are helpful in understanding the possibly unexpected ethical, legal, and social issues at stake in using reprogenetic technologies for trait enhancement selection. The Appendix analyzes two competitive games that might arise in such a biotechnological society. Specifically, the Article focuses on herd behavior, caused by either a popularity contest or positional …
The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers
The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers
Michigan Law Review
A Review of Accusations of Child Sexual Abuse by Hollida Wakefield and Ralph Underwager., The Battle and the Backlash: The Child Sexual Abuse War by David Hechler., On Trial: America's Courts and Their Treatment of Sexually Abused Children by Billie Wright Dziech and Chales B. Schudson.
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Michigan Law Review
This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.
Constitutional Law - Due Process - Prior To Voluntary Commitment By A Parent Or Guardian To A State Mental Institution, Children Under The Age Of 18 Are Entitled To Specific Procedural Due Process Rights Which Cannot Be Waived By The Committing Adult, Mark J. Levin
Villanova Law Review (1956 - )
No abstract provided.
On The Voluntary Admission Of Minors, Louis Lessem
On The Voluntary Admission Of Minors, Louis Lessem
University of Michigan Journal of Law Reform
The past several years have been witness to dramatic changes in both the theory and practice of civil commitment. In the law, this development has taken the form of increased concern for the protection of the personal liberties of the mentally ill while among members of the medical profession it has been experienced as a part of the process of opening up the back wards. Legislatures in many states have responded by revising their mental health statutes to establish more rigorous standards for commitment, periodic review of the status of committed patients, and better procedural safeguards throughout the commitment process. …