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Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

Sorry, Kid, You Have No Rights Here: How Can We Protect Unadjudicated Youth In Private Residential Treatment Facilities From Harmful And Unnecessary Strip Searches?, Amanda Simmons

Children's Legal Rights Journal

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The Best Interests Of The Child In Judicial Perspective: Morocco And Chile As Case-Studies (1990-2020), Susana Sanz-Caballero

Children's Legal Rights Journal

Is there a common understanding in the judiciary process about what “the child’s best interests” are, regardless of geographic location or legal order? In every nation, when disputes impacting minors arise, judges emerge as the final adjudicators. Judges, as final adjudicators, appear to be in the best possible position to determine a child’s best interests and apply the notion fairly and appropriately. However, the concept of a child’s “best interests” is far from uniform, varying across cultures and individual family dynamics. It is an invaluable exercise to review the national case law of different countries to test whether the concept …

Policing Morality: The Inconsistent Application Of The Moral Fitness And Fitness Factor, Ariana D. Meyers, Gabrielle C. Wolf

Children's Legal Rights Journal

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The Promise Of Pell: Pell Grants For Justice System Involved Youth After The Fafsa Simplification Act, Mary Hornschemeier Bandstra

Children's Legal Rights Journal

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Extended Jurisdiction Juvenile Prosecutions: "One Last Chance" Or A False Promise?, Ari Seckler

Children's Legal Rights Journal

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Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

The Role Of Foster Care: How Foster Parent Intervention Affects The Child Welfare System, Olivia Mcgrath

Children's Legal Rights Journal

"Every child is entitled to a caregiver who can support the family's efforts toward a successful reunification." The National Training and Development Curriculum for Foster and Adoptive Parents provided by the Children's Bureau clearly states the rights of a child in foster care. A child removed from their biological family's home deserves the efforts of the child welfare system, their biological parents, and their foster parents to work toward returning the child to their home. "Foster to adopt" is a misleading term that contradicts the role of a foster parent. Federal and state legislation defines the primary goal of foster …

The Direction Of Child Labor Legislation: Exploring Divergent Perspectives About The Standard For Child Labor Laws, Taylor Rathwell

Children's Legal Rights Journal

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The Future Of Activism Is Youth-Full: How Youth Around The World Are Carrying The Torch For Gazans, Sierra Garcia

Children's Legal Rights Journal

Throughout history, many successful nonviolent action campaigns have been led by young people, from the Free Speech movement to the Civil Rights movement to the Black Lives Matter movement. Recent social movements worldwide - from Latin America to Hong Kong and beyond - have drawn on the strength of mass youth mobilization. It is difficult to imagine the landscape of social activism today without the efforts of young people.

Today, social movements are meeting the pressing crises of our time with unique vision, scale, and infrastructure - pointing the way toward transformation, with youth leading that charge. Studies show that …

S.B. V. S.S.: Children's Best Interests And Parents' First Amendment Rights Through A (Skeptically) Originalist Lens, Drew Gehman

Children's Legal Rights Journal

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Corporal Punishment Of Children: A Multinational Comparison Between United States, Canada And Georgia; How The United States Compares To Canada And Georgia, Giana Cacciato

Children's Legal Rights Journal

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Educational Rights Of Children With Incarcerated Parents, Puneet Pathak, Anshuman Panda

Children's Legal Rights Journal

The overall development of any child is elevated when they are brought up in a family environment with love, care, and attention. Children with incarcerated parents are often raised in an unstable environment and are subject to various human rights violations; particularly, their right to education is compromised. As per the 27th edition of Prison Statistics India, the number of children living with incarcerated parents in Indian prisons stands at 1,867³. However, this number only accounts for the children allowed to reside in prison with the women prisoners, while the number of children with incarcerated parents living outside …

The Adult Rights-Bearing Archetype And How It Stifles Young People’S Equal Protection, Catherine E. Smith

Scholarly Articles

American constitutional law is defined by a rights-bearing archetype that prioritizes adults—and the Equal Protection Clause is no exception. The Supreme Court has recognized children as constitutional persons and proclaimed that “neither the Fourteenth Amendment nor the Bill of Rights is for adults alone,” but courts mostly see autonomous, rational, individualistic, income-generating grown people as rights-bearers. For the first time, this article reveals six adult-rights-bearing analytical traps that limit children’s equal protection, and proposes jettisoning the rigid Carolene Products test in favor of a nascent youth-based framework. Instead of shoehorning children’s rights into a web of laws and principles designed …

Remembering Chief Justice Max Baer, Kim Berkeley Clark

Duquesne Law Review

When Max Baer was elected to the Allegheny County Court of Common Pleas in 1989, the Family Division was thought of as a place for new judges to be assigned and then leave as soon as possible. Judges and lawyers alike often characterized the work of the Family Division as less important than the work in other divisions because there are no jury trials, because of the high number of selfrepresented and unrepresented parties struggling to be heard, and due to the mistaken belief that rules were not followed.

Henderson And The Objective Observer Standard: The Future Of Race-Conscious Standards Post-Students For Fair Admissions, Gabriela Dionisio

Seattle University Law Review

On June 29, 2023, the Supreme Court of the United States decided Students for Fair Admissions v. President & Fellows of Harvard College, which struck down race-conscious admissions policies. Within just a year after its ruling, Students for Fair Admissions has already had a sweeping impact, reaching beyond higher education. Although the Supreme Court did not indicate whether Students for Fair Admissions applies to sectors beyond higher education, law firms, and other employers have already modified their diversity policies and initiatives, erasing race and company diversity considerations. Given those dramatic changes, there is growing fear that Students for Fair Admissions …

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

Gender Identity And Birth Certificates: The Surrogacy Nexus, Richard F. Storrow

Michigan Journal of Gender & Law

This Article confronts and responds to the weaponization of birth certificates in recent controversies around gender identity by drawing parallels between gender identity and intentional parentage. A juxtaposition of gender identity with parentage identity reveals that they share the common underpinning of self-identification, raising the question why birth certificates are permitted to reflect one’s parentage identity but, as has been suggested in numerous controversies involving transgender litigants, not one’s gender identity. This Article argues that, for the same reasons that a surrogacy arrangement permits the parties to it to define for themselves who are the legal parents of the child …

International Issues In Family Law: An Annotated Bibliography, Allen Rostron

Faculty Works

This bibliography addresses international legal issues that may be of special interest or significance for family law attorneys.

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Defendants-Appellees: St. Mary Catholic Parish V. Roy, Lauren Fontana, Catherine Smith, Tanya M. Washington, Robin Walker Sterling, Suzette Malveaux, Jeremiah Chin, Sara S. Hildebrand

Scholarly Articles

Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the harms that four-year-olds in the LGBT community – LGBT children and children with LGBT parents – would bear should state-funded religious schools be granted a license to discriminate against them. An exemption to Colorado’s Universal Preschool Program’s equal-opportunity requirement would allow plaintiffs to discriminate against these children and plant unfair barriers in their paths to a high-quality education and inflict dignitary, psychological, and familial harms upon an entire class of young people solely because of their or their …