Regulating Social Media Through Family Law,
2024
Boston University School of Law
Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker
Faculty Scholarship
Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …
The Rise And Eventual Fall Of El Salvador’S Mano Dura,
2024
University of Miami School of Law
The Rise And Eventual Fall Of El Salvador’S Mano Dura, Margo Jarjoura
University of Miami Inter-American Law Review
No abstract provided.
Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024),
2024
University of Johannesburg
Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024), Samantha Smit, Louis Koen
SAIPAR Case Review
This piece examines the Zambian Court of Appeal's decision to overturn a life imprisonment sentence imposed on juvenile offenders, replacing it with detention ‘at the President's pleasure.’ The commentary explores the legal implications of this discretionary sentence, drawing parallels with similar controversies in other African jurisdictions, particularly Kenya, where such sentences have been criticized for undermining constitutional rights and the doctrine of separation of powers. The authors argue that ‘detention at the President's pleasure’ can effectively amount to an indefinite sentence, raising concerns about the uncertainty of imprisonment duration for child offenders. They suggest that the Zambian court missed an …
Kindly Remove My Child From The Bubble Wrap - Analyzing Childress V. Madison County And Why Tennessee Courts Should Enforce Parental Pre-Injury Liability Concerns,
2024
University of Tennessee College of Law
Kindly Remove My Child From The Bubble Wrap - Analyzing Childress V. Madison County And Why Tennessee Courts Should Enforce Parental Pre-Injury Liability Concerns, Joshua D. Arters, Ben M. Rose
Tennessee Journal of Law and Policy
“I overstepped my parental boundaries at the Aiguille Rock Climbing Center . . . . I signed a waiver absolving it of blame if my daughter pulled a Humpty Dumpty from the top of a wall. The Florida Supreme Court recently ruled I didn't have that right. I can make all kinds of decisions for my girl, including life-and-death calls on medical care. But I can’t judge the risk she will take scaling a 20-foot wall and decide it is so miniscule that I’m willing to sign a waiver so she can do it—not even if I’m holding the safety …
In Re: Tennessee Supreme Court Rule 40a No. M2009-01926-Sc-Rl2-Rl,
2024
University of Tennessee College of Law
In Re: Tennessee Supreme Court Rule 40a No. M2009-01926-Sc-Rl2-Rl, The Supreme Court Of Tennessee
Tennessee Journal of Law and Policy
No abstract provided.
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings,
2024
University of Tennessee College of Law
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke
Tennessee Journal of Law and Policy
No abstract provided.
Is Parenting Authority A Usurpation Of Judicial Authority? Harmonizing Authority For, Benefits Of, And Limitations On This Legal-Psychological Hybrid,
2024
Faulkner University
Is Parenting Authority A Usurpation Of Judicial Authority? Harmonizing Authority For, Benefits Of, And Limitations On This Legal-Psychological Hybrid, Joi T. Montiel
Tennessee Journal of Law and Policy
A “Parenting Coordinator” assists high-conflict parents in resolving disputes that arise in the parents’ efforts to jointly parent their children after a divorce. The Parenting Coordinator simultaneously educates the parents so as to minimize the degree and frequency of future conflict. While Parenting Coordination is not mediation or arbitration, it is also not counseling. Instead, Parenting Coordination is a “legal-psychological hybrid.” A trial court’s delegation to one in this hybrid role the power to determine a fit parent’s access to her child is arguably an improper delegation of judicial authority. While thirteen states have comprehensive schemes setting out their Parenting …
Panel Discussion 4: Best Practices In Representing Children In Court,
2024
University of Tennessee College of Law
Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes
Tennessee Journal of Law and Policy
No abstract provided.
Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth,
2024
University of Cincinnati College of Law
Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub
University of Cincinnati Law Review
No abstract provided.
Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action,
2024
Schulich School of Law, Dalhousie University
Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action, Abby Metcalf
Dalhousie Journal of Legal Studies
The following paper is a critical analysis of Nova Scotia’s secure care model which is legislated under ss. 55-56 of the Children and Family Services Act. Under these provisions, children who are in the care of the Minister of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia may be confined against their will at the Wood Street Centre in Truro, Nova Scotia. This paper makes two critical arguments. The first is that the legislation concerning secure care in this province is notably overbroad, leaving children who are in crisis vulnerable to being subjected to what is …
A Global Comparison Of Communication Intervention Strategies For Justice-Involved Youth,
2024
Old Dominion University
A Global Comparison Of Communication Intervention Strategies For Justice-Involved Youth, Sophia Janeiro Martinez
OUR Journal: ODU Undergraduate Research Journal
Purpose: This paper explores the intricate relationship between communication disorders and delinquent youth behavior. It will explore the detrimental impact of zero-tolerance policies and their contribution to the school-to-prison pipeline. It will introduce issues, such as complex Miranda warning diction, and the benefits of including speech-language pathologists (SLPs) to aid in youth comprehension. Additionally, it will propose the integration of SLPs within the juvenile justice system to assist in communication between justice-involved youth (JIY) and justice professionals during conversations, questioning, and trials or hearings. Furthermore, this paper examines the roles of SLPs within juvenile justice systems abroad, including Canada, …
The Psychological Impacts Of Algorithmic And Ai-Driven Social Media On Teenagers: A Call To Action,
2024
Dakota State University
The Psychological Impacts Of Algorithmic And Ai-Driven Social Media On Teenagers: A Call To Action, Sunil Arora, Sahil Arora, John Hastings
Research & Publications
This study investigates the meta-issues surrounding social media, which, while theoretically designed to enhance social interactions and improve our social lives by facilitating the sharing of personal experiences and life events, often results in adverse psychological impacts. Our investigation reveals a paradoxical outcome: rather than fostering closer relationships and improving social lives, the algorithms and structures that underlie social media platforms inadvertently contribute to a profound psychological impact on individuals, influencing them in unforeseen ways. This phenomenon is particularly pronounced among teenagers, who are disproportionately affected by curated online personas, peer pressure to present a perfect digital image, and the …
Childhood Adversity's Impact On Criminal Behavior,
2024
Florida Institute of Technology
Childhood Adversity's Impact On Criminal Behavior, Isobel Marie Avento
Theses and Dissertations
Adverse childhood experiences (ACEs), such as abuse, neglect, and family criminal history, have been identified as potential risk factors for negative physical, psychological, and behavioral health outcomes. Emerging literature suggests that ACEs are also among the primary factors leading to delinquency and adult criminal behavior. However, there is limited applied research that provides practitioners with appropriate insight to intervene when ACEs are identified among juvenile delinquents to reduce recidivism risk. This study adds to the existing literature by examining how cumulative ACEs shape criminal behavior of individuals from the onset until its desistance over the span of twenty years. Using …
Child-Taking,
2024
University of Georgia School of Law
Child-Taking, Diane Marie Amann
Scholarly Works
A ruling group at times takes certain children from their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done and the children are lost. But that may be changing, as the International Criminal Court is seeking to arrest …
In Loco Reipublicae And The Parental Duty To Expose Children To Ideas Outside The Home,
2024
Washington and Lee University School of Law
In Loco Reipublicae And The Parental Duty To Expose Children To Ideas Outside The Home, Catherine Smith
Scholarly Articles
In Loco Reipublicaie boldly centers children’s rights and adeptly fills an existing jurisprudential gap by infusing parental rights with important duties to respect and facilitate children’s exercise of their own citizenship rights. It is a children’s-rights-forward shot across a heavily prioritized parents’ rights bow. It’s about time.
The Impact Of Adverse Childhood Experiences And Child Protective Services Involvement On Juvenile Delinquency,
2024
Concordia University St. Paul
The Impact Of Adverse Childhood Experiences And Child Protective Services Involvement On Juvenile Delinquency, Liana Pachot
Master of Arts in Human Services
In this paper, the aim is to study the relationship between adverse childhood experiences and the cause and effect that these experiences have on adolescent behavior that leads to delinquency involvement. Along with this, we will look at the impact of human services professionals, like child protective services, and their impact on these challenging behaviors and goal of decreasing recidivism. We will look at the structure of the juvenile justice system, and how human service professionals play a role in the systems that impact the adolescent delinquency population. There will also be a breakdown of what Adverse Childhood Experiences are …
University Of The District Of Columbia Law Review,
2024
University of the District of Columbia School of Law
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
(Hidden) In Plain Sight: Migrant Child Labor And The New Economy Of Exploitation,
2024
Bacon Immigration Law and Policy Program
(Hidden) In Plain Sight: Migrant Child Labor And The New Economy Of Exploitation, Shefali Milczarek-Desai
Arkansas Law Review
Oppressive child labor in America is both an age-old problem and one that is relatively new. Part I presents the tumultuous history of child labor regulation in the United States—a history that provides clues as to why contemporary child labor laws fall far short of comprehensively addressing oppressive, migrant child labor. It then pivots to the contemporary child labor crisis by describing the new economy of exploitation and the unaccompanied migrant children upon which it relies. Part II sets forth the current U.S. legal landscape surrounding child labor laws, including these laws’ failure to protect migrant children. Next, Part II …
Seeing Race & Sexuality: Child Welfare & Forced Labor,
2024
University of Arkansas, Fayetteville
Seeing Race & Sexuality: Child Welfare & Forced Labor, Annie Isabel Fukushima, Jens Nilson, Kaden Richards
Arkansas Law Review
This Article examines how child welfare responds to children who are forced to labor through a case study of California. We use an intersectional framework to argue that a conceptualization of current sociolegal responses to human trafficking cannot be delinked from racialized and sexualized forms of governmentality. In using an intersectional framework, we hope to draw upon intersectionality as a way to “point[] to the ways that structural inequality, persistent disadvantages, and structural abandonment are some of the root causes of microlevel violent interactions and at the same time influence how effective macrolevel justice policies are at responding to or …
How To Situate High School Student Part-Time Work Trends: An [Incomplete] Empirical Glance,
2024
Cornell Law School
How To Situate High School Student Part-Time Work Trends: An [Incomplete] Empirical Glance, Michael Heise
Arkansas Law Review
Recent federal warnings about increases in child labor law violations coincide with various state efforts to dilute child labor protections. This Article confines itself to the array of outcomes attributable to lawful part time work performed by non-trafficked, full-time, U.S. high school students. This Article sets out to develop two modest and separate—though related—claims. The first claim is that clear and reliable answers do not emerge for such basic policy questions as, for example, whether student part-time work during high school constitutes a penalty or, instead, confers rewards to students. This Article’s second claim is methodological. Specifically, much of the …
