J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children,
2022
Golden Gate University School of Law
J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer
Golden Gate University Law Review
The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.
The Law Of Disposable Children: Searches In Schools,
2022
University of California, Irvine School of Law
The Law Of Disposable Children: Searches In Schools, Tonja Jacobi, Riley Clafton
UC Irvine Law Review
It’s the forgotten, discarded, disposable people. That’s so often who you find in jail—the forgotten.
—Rev. David Kelly, explaining why he devotes himself to working with children coming out of the juvenile detention system.
Many schools treat children as “disposable.”
—Francisco Arenas, Juvenile Probation Officer at Cook County Juvenile Probation.
Schoolchildren are being strip-searched based on little or no reasonable suspicion, and schoolchildren are being targeted for searches based on their race, disability status, gender, or homelessness. This is possible because the Supreme Court has issued only two opinions in its history about the right of schoolchildren to be free …
Maturity As A Condition Of Criminal Liability In Islamic Jurisprudence Under The Libyan And The Emirati Legislations,
2022
Assistant Professor of Criminal Law, College of Law- Al-Marqab University - Al-Khums - Libya
Maturity As A Condition Of Criminal Liability In Islamic Jurisprudence Under The Libyan And The Emirati Legislations, Mustafa Khaled Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
Maturity is considered as one of the essential conditions for criminal liability; whether the crimes involve Taazer or Hudood or Quesas Crimes.
This study deals with the issue of how Libyan and the UAE Legislation treat with adulthood as a condition of criminal liability.
The research aims to achieve some of the most important goals:
To highlight the methodology of Islamic law to address the issue of maturity as a condition of criminal liability. In addition, this study attempted to assess the methodology of Libyan and Emirati legislators in determining their age of puberty and the extent of their compliance …
On Account Of Youth: Winning Asylum For Children,
2022
University of Cincinnati College of Law
On Account Of Youth: Winning Asylum For Children, Linda Kelly
University of Cincinnati Law Review
No abstract provided.
The Impermissibility Of Police Deception In Juvenile Interrogations,
2022
Fordham University School of Law
The Impermissibility Of Police Deception In Juvenile Interrogations, Gina Kim
Fordham Law Review
Although perjury is a criminal offense in all states and a felony in many, law enforcement may routinely lie to suspects during interrogations. This widespread, judicially authorized practice consists of interrogators making false promises of leniency that the suspect will receive a lighter sentence in exchange for a confession, and making misrepresentations about the evidence against the suspect. Police deception in interrogations becomes even more problematic when used against juvenile suspects because the psychological vulnerability of minors may lead them to succumb to deceptive pressures and even to falsely confess.
This Note explores the debate surrounding the use of police …
Are Child Sex Offenders Truly Predators? Proposed Change To The Minnesota Legislature Requiring Mandatory Sex Offender Registration For Juveniles,
2022
University of St. Thomas, Minnesota
Are Child Sex Offenders Truly Predators? Proposed Change To The Minnesota Legislature Requiring Mandatory Sex Offender Registration For Juveniles, Mackenzie Sedlack
University of St. Thomas Law Journal
No abstract provided.
How Muralists, Street Artists, And Graffiti Writers Can Protect Their Artworks,
2022
University of St. Thomas, Minnesota
How Muralists, Street Artists, And Graffiti Writers Can Protect Their Artworks, Enrico Bonadio
University of St. Thomas Law Journal
No abstract provided.
Two Essays On Intellectual Property And Social Justice,
2022
University of St. Thomas School of Law
Two Essays On Intellectual Property And Social Justice, Thomas C. Berg
University of St. Thomas Law Journal
No abstract provided.
Leave Them Kids Alone: State Constitutional Protections For Gender-Affirming Healthcare,
2022
Washington and Lee University School of Law
Leave Them Kids Alone: State Constitutional Protections For Gender-Affirming Healthcare, Jessica Matsuda
Washington and Lee Law Review
State legislatures across the nation are continually targeting the rights of transgender individuals with a variety of laws affecting everything from bathrooms to medical care. One particularly invasive type of legislation, the gender-affirming healthcare ban, seeks to prohibit all forms of healthcare that align a person’s physical traits with their gender identity for individuals under eighteen. Bans like this severely impede the treatment necessary for transgender youth suffering from gender dysphoria, which carries serious physical consequences and sometimes fatal psychological repercussions. As legislative sessions pass, more and more states are introducing and actually enacting these bans
Striking down these bans …
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts,
2022
U.S. Naval War College
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
International Law Studies
The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …
Family | Home | School,
2022
Northwestern Pritzker School of Law
Family | Home | School, Latoya Baldwin Clark
Northwestern University Law Review
The state grants residents who live within a school district’s border an ownership interest in that district’s schools. This interest includes the power to exclude nonresidents. To attend school in a school district, a child must prove that she lives at an in-district address and is a bona fide resident. But in highly-sought-after districts and schools, establishing a child’s bona fide residence may be highly contested.
In this Essay, I show that education law, policies, and practices fail to recognize a child’s residence when the child’s family and living situation do not comport with a particular ideal of family life. …
Is Age Just A Number: The Intersection Of The Fair Labor Standards Act And Professional Sports,
2022
Villanova University Charles Widger School of Law
Is Age Just A Number: The Intersection Of The Fair Labor Standards Act And Professional Sports, Kacey Mccann
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth,
2022
University of the District of Columbia School of Law
A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth, Mae C. Quinn, Tierra Copeland, Tatyana Hopkins, Mary Brody
University of the District of Columbia Law Review
In February 2020, the District of Columbia (“District” or “D.C.”) Juvenile Justice Advisory Group (“JJAG”), issued an important report calling for decriminalization of “status offenses.” Status offenses are alleged youthful wrongdoings that are prosecuted in the District as “Persons in Need of Supervision” cases.1 This Position Paper provides additional support for JJAG’s recommendations. It offers guidance and suggestions to help the District successfully transition away from PINS prosecutions—while also ensuring community youth feel safe, supported, and empowered in their own lives as they transition to adulthood. The D.C. Metropolitan Police Department has historically been the enforcement arm to address youth …
The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education,
2022
University of the District of Columbia School of Law
The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw
University of the District of Columbia Law Review
The privileges allotted to Americans cannot be compared to any other country’s citizens. Americans have the liberty of saying what they want, thinking what they want, and acting freely in public. Nebiyat Shiferaw (“Nebiyat”) is a thirty-year-old African American man who is unable to speak and live independently because he has autism, also known as autism spectrum disorder (“ASD”). Nebiyat does not experience the same liberties as most Americans; he has gone through special education programs and has overcome discrimination, not because of the Individuals with Disabilities Education Act (“IDEA”), but because of his parents advocating for him. As a …
An Exploratory Multiple Case Study Of Discipline Practices In A Major Metropolitan Public School District: A Look Into The School To Prison Pipeline,
2022
University of Missouri-St. Louis
An Exploratory Multiple Case Study Of Discipline Practices In A Major Metropolitan Public School District: A Look Into The School To Prison Pipeline, Neil French, Kristin Calvert-French, Phyllis Jackson, Erin King
Dissertations
The school to prison pipeline is a phenomenon fed by exclusionary discipline practices that increase the likelihood that a student will have an interaction with the juvenile or criminal justice system at some time in their life; this phenomenon disproportionately affects Black students. Understanding the problem is key to slowing down the school to prison pipeline. This study of a school district in Missouri explores questions about how interpersonal relationships, implicit bias awareness, and school policies influence the learning environment, and how those factors relate to school discipline, which ultimately can lead to the school to prison pipeline. Drawing data …
What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System,
2022
University of Maine School of Law
What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi
Maine Law Review
While many aspects of Maine’s Juvenile Justice system are ripe for reform, this Article advocates for improving the system’s response to one group of offenders often overlooked by policymakers: emerging adults. The Supreme Court, in Roper v. Simmons, stated that “[t]he qualities that distinguish juveniles from adults do not disappear when an individual turns 18.” In fact, studies have shown that criminal conduct attributable to the unstable and impulsive nature of the adolescent mind continues well into a person’s mid-twenties. These eighteen to twenty-five-year-old offenders, termed “emerging adults” by researchers, experience much of the same developmental and physiological challenges as …
The Inappropriate Use Of Juvenile Records In Immigration Discretion,
2022
Loyola University Chicago, School of Law
The Inappropriate Use Of Juvenile Records In Immigration Discretion, Sarah Diaz, Lisa Jacobs
Center for the Human Rights of Children
No abstract provided.
The Impact Of Juvenile Offender Race On Public Perception Of Crime Seriousness,
2022
Illinois School of Professional Psychology at National Louis University
The Impact Of Juvenile Offender Race On Public Perception Of Crime Seriousness, Megan Whitaker
Dissertations
Public perception of crime is an important focus of research, especially when considering juvenile offenders. However, there is very limited research in this area. This study looked at how the public perceives crime seriousness and how race of the juvenile offender impacts the overall seriousness rating. An online survey that included 15 crime scenarios was completed by 176 participants. It was hypothesized that a crime would be rated as more severe when the juvenile offender is African American as compared to a Caucasian juvenile offender. Results found that participants overall rated the seriousness of offenses as significantly higher for Caucasian …
The Doctor Will See You Now: The Fourth Circuit Revives The Juvenile Detainee's Right To Treatment By Adopting The Professional Judgment Standard In Doe 4,
2022
Villanova University Charles Widger School of Law
The Doctor Will See You Now: The Fourth Circuit Revives The Juvenile Detainee's Right To Treatment By Adopting The Professional Judgment Standard In Doe 4, Matthew Skolnick
Villanova Law Review
No abstract provided.
The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World,
2022
University of Georgia School of Law
The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham
Georgia Journal of International & Comparative Law
No abstract provided.