Juvenile Law Commons^™

Children Are Actors Too: In Search For Child Refugees' Agency, Stanislaw Kraweicki

Children's Legal Rights Journal

No abstract provided.

In Vitro Fertlization After Dobbs V. Jackson Women's Health Organization-- The Best Interest Of The "Embryo", Caitlyn Schaffer

Children's Legal Rights Journal

No abstract provided.

Helping Asylum Seekers And New Asylees Find Their Way In The United States, Kristin Briner

Children's Legal Rights Journal

People seek asylum in the United States (U.S.) when their home country is no longer safe due to persecution or other forms of violence. However, obtaining asylum is a notoriously complicated process due to the numerous government agencies involved, the immigration courts' backlogs, and the possibility of detention while awaiting a hearing. The current U.S. immigration system is itself a large barrier to individuals seeking asylum, and information regarding legal rights and protections are often inaccessible to asylum seekers. In this way, the U.S. immigration officials cause massive injustices against asylum seekers and those who have been granted asylum ("asylees"). …

The Ukrainian Family Separation Crisis, Amanda Scott

Children's Legal Rights Journal

In the aftermath of the Russian invasion of Ukraine in February 2022, there has been a dramatic increase in Ukrainian family separation. Women and their children were forced to leave their homes and oftentimes their husbands, to seek safety in another country. Family separation was an expected consequence of the war, and in preparation for this disaster, UNICEF trained thousands of people on how to shelter children separated from their families in Ukraine. However, no amount of preparation could have been sufficient to handle the magnitude of Ukrainian family separation that took place within such a short amount of time. …

The Unborn Child Support Act: Support For Expecting Mothers Or Pro-Fetus Personhood Act, Taelor Thornton

Children's Legal Rights Journal

Since the decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade in 2022, Republican Senators have proposed a new bill, the Unborn Child Support Act, that would allow prospective mothers to request child support from their child's prospective fathers from the moment of conception as determined by a physician. Under the Act, paternity tests are only conducted if the mother consents, and if the safety of the child can be maintained. The bill originates from the idea that life begins at conception, allowing women to receive child support payments while they are pregnant from their child's father …

Endangered By Junk Science: How The New Zealand Family Court's Admission Of Unreliable Expert Evidence Places Children At Risk, Carrie Leonetti

Children's Legal Rights Journal

No abstract provided.

A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson

Psychology Faculty Scholarship

Objectives: In October 2021, APA passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. The present report, developed to inform APA’s policy resolution, details the scope of the problem and offers recommendations for policy and psychologists to address the issue by advancing related science and practice. Specifically, it acknowledges the roots of modern-day racial and ethnic disparities in rates of criminalization and punishment for people of color as compared to White people. Next, the report reviews existing theory and research that helps explain the underlying psychological mechanisms driving racial and ethnic disparities …

Jones V. Mississippi And The Court’S Quiet Burial Of The Miller Trilogy, Cara H. Drinan

Scholarly Articles

In addition to its status as the world's largest jailer, the United States is an extreme outlier in its juvenile justice and sentencing practices. As recently as 2005, the United States permitted juvenile execution, and today the United States is the only nation that allows children to be sentenced to life without parole. In the last fifteen years, in a series of cases known as the Miller trilogy, the Supreme Court had been slowly chipping away at the nation's use of the most extreme juvenile sentences-the death penalty and life without parole. That process came to an abrupt end this …

Cruel And Unusual Youth Confinement, Cara H. Drinan

Scholarly Articles

In a series of cases known as the Miller trilogy, the Supreme Court recognized that children are both less culpable and more amenable to rehabilitation than adults, and that those differences must be considered at sentencing. Relying on the principle that kids are different for constitutional purposes, the Court abolished capital punishment for minors and significantly limited the extent to which minors can be subject to life-without-parole ("LWOP') terms. Equally important, the Miller trilogy was predicated on the concept of inherent human dignity, and it recognized the youthful prisoner's need for "hope" and "reconciliation with society." While scholars have grappled …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Foreword, Seattle University Law Review

Seattle University Law Review

Foreward

The Kids Aren’T Alright: The Road To Abandoning Deceptive Interrogation Techniques For Juvenile Suspects In Maryland, Allison Stillinghagan

Maryland Law Review

No abstract provided.

Revitalizing The Youngberg V. Romeo Professional Judgment Standard To Require Trauma-Informed Care For Detained Children, Taylor C. Joseph

Maryland Law Review

No abstract provided.

A Critical Race Theory Approach To Children’S Rights, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

This Article uses critical race theory to analyze the impact of corporal punishment and physical child abuse on African American children’s rights in the United States. From an international perspective, the banning of corporal punishment is consistent with multidisciplinary research about the negative effects of physical discipline on children. However, throughout United States history, African American parenting oftentimes utilizes physical discipline to teach children strict compliance with authority in order to prevent deadly violence from being inflicted upon them by white people. Using critical race theory concepts, this Article illustrates how state endorsement of corporal punishment within the family and …

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.

The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements, Erhan Bedestani

Catholic University Journal of Law and Technology

No abstract provided.

Confronting Indeterminacy And Bias In Child Protection Law, Joshua Gupta-Kagan

Faculty Scholarship

The child protection legal system faces strong and growing demands for change following at least two critiques. First, child protection law is substantively indeterminate; it does not precisely prescribe when state agencies can intervene in family life and what that intervention should entail, thus granting wide discretion to child protection agencies and family courts. Second, by granting such discretion, the law permits race, class, sex, and other forms of bias to infect decisions and regulate low-income families and families of color.

This Article extends these critiques through a granular analysis of how indeterminacy at multiple decision points builds on itself. …

Criminalized Students, Reparations, And The Limits Of Prospective Reform, Amber Baylor

Faculty Scholarship

Recent reforms discourage schools from referring students to criminal law enforcement for typical disciplinary infractions. Though rightly celebrated, these reforms remain mere half-measures, as they emphasize prospective decriminalization of student conduct without grappling with the harm to generations of former students – disproportionately Black – who have been targeted by criminalizing policies of the past. Through the lens of reparations theory, this Article sets out the case for retroactive and reparations-based redress for the criminalization of students. Reparations models reposition moral norms. They acknowledge state harm, clarify the losses to criminalized students, allow for expansive forms of redress, and cast …

Race In Washington’S Juvenile Legal System: 2021 Report To The Washington Supreme Court, Task Force 2.0 Juvenile Justice Subcommittee

Seattle University Law Review

Part I of this report provides the core work of the subcommittee and is intended to function as a stand-alone document, expressed in youth- friendly language, that sets forth: (1) the youth-articulated goals for systemic change to the juvenile legal system; (2) a narrative of how the system currently works and the harms caused; and (3) the change needed to bring about the youth-articulated goals for systemic change. This document is intended to be a youth-centered blueprint for change—a tool for community advocates, a framework for policy makers, and a call-in to the many institutional actors to center the leadership …

Transforming The Culture Of Youth Justice In The Wake Of Youth Prison Closures, Jessica K. Heldman

Lewis & Clark Law Review

In 2019, the Governor of California vowed to fundamentally transform the state’s youth justice system. The legislature endorsed this commitment by enacting SB 823, which began a phased closure of state-run youth prisons in 2021. California is not the first state—nor will it be the last—to close facilities in light of decreased youth crime and greater awareness of the harms associated with incarceration. Although a welcomed development, the closure of youth prisons should not be viewed as the culmination of reform; rather, it is only the beginning. To achieve far more impactful change, state and local jurisdictions must confront the …