Liberty University
Children Of The Government: Affording A Higher Education A Review Of The State Of Pennsylvania’S Recently Implemented Law That Grants Children Who “Age Out” Of The Foster Care Tuition And Fee Waivers At Every University In The State, Erin K. Cooper
Helms School of Government Undergraduate Law Review
No abstract provided.
Modernizing Capacity Doctrine,
2021
University of South Carolina School of Law
Modernizing Capacity Doctrine, Lisa V. Martin
Faculty Publications
Federal capacity doctrine—or the rules establishing whether and how children’s civil litigation proceeds—has largely remained the same for more than a century. It continues to presume that all children are incapable of directing their own cases, and that adults must litigate on children’s behalf. But since that time, our understanding of children, and of adolescents in particular, has significantly evolved. This Article contends that it is well beyond time to modernize the capacity doctrine to better account for the capabilities of adolescents and support their transition to adulthood.
“Some Mother’S Child Has Gone Astray”: Neuroscientific Approaches To A Therapeutic Jurisprudence Model Of Juvenile Sentencing,
2021
New York Law School
“Some Mother’S Child Has Gone Astray”: Neuroscientific Approaches To A Therapeutic Jurisprudence Model Of Juvenile Sentencing, Michael L. Perlin, Alison Lynch
Articles & Chapters
There is a robust body of evidence that tells us that the juvenile brain is not fully developed by age 18, and this evidence should and does raise important questions about the sentencing of juveniles in criminal cases. This evidence, though, must be considered in the context of public opinion (about certain juvenile crimes that have been subject to saturation publicity) in the context of judges’ decision-making (where such judges do not want to be perceived as “soft on crime”). The conflict between what we now know and what (false) “ordinary common sense” demands (in the way of enhanced punishments) …
Exploring The Criminal Justice System Through A Case Study Approach: Exploring The Intersections And Interventions Of The Juvenile Justice System Through A Case Study Approach,
2021
Portland State University
Exploring The Criminal Justice System Through A Case Study Approach: Exploring The Intersections And Interventions Of The Juvenile Justice System Through A Case Study Approach, Adriana Cordova-Perez
University Honors Theses
For my thesis, I used a case study approach to analyze what we can learn about the Criminal justice system by exploring the life history of a juvenile offender. Research data was collected through an interview with a juvenile offender. Secondary sources such as literature review will also be examined to better understand the juvenile justice system. The interview will have several questions to better understand the life of the juvenile prior to them becoming part of the criminal justice system and also the question about life while in the youth correctional facility. Through those questions, I hope to better …
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing,
2021
University of Washington School of Law
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan
Washington Law Review
For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be prosecuted …
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?,
2021
Harvard University FXB Center for Health and Human Rights
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe
Georgia Journal of International & Comparative Law
There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to adult criminal courts to be tried and sentenced as adult offenders. Despite the implicit recognition of the constitutionality of this practice by the United States Supreme Court, this paper contends that the transfer of child offenders to adult criminal courts violates key provisions of the Convention on the …
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing,
2021
University of South Carolina School of Law
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan
Faculty Publications
For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be prosecuted …
Web Of Incarceration: School-Based Probation,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
Web Of Incarceration: School-Based Probation, Jyoti Nanda
Nevada Law Journal
Close to three quarters of a million cases flow through the United States’ juvenile justice system annually. Juvenile probation is the most commonly utilized form of sentencing, yet juvenile probation has not been the focus of sustained research or analysis. This Article focuses on School-Based Probation, a type of juvenile probation program that was created to enroll youth before a criminal charge has been filed. Described by its proponents as a ‘voluntarily probation’ program, pre-delinquent, or ‘at-risk,’ youth are identified by on-site school probation officers and enrolled in a supervised program. Deemed to be problematic by many jurisdictions, this Article …
Deinstitutionalization, Family Reunification, And The "Best Interests Of The Child": An Examination Of Armenia's Child Protection Obligations Under Conventional International Law,
2021
Pace University
Deinstitutionalization, Family Reunification, And The "Best Interests Of The Child": An Examination Of Armenia's Child Protection Obligations Under Conventional International Law, George S. Yacoubian Jr., Esq.
Pace International Law Review
For nearly a century, the global community has sought to afford children legal protections, abandoning widely held views that children were pecuniary assets. In the United States and globally, a nascent children’s rights movement culminated in broad child welfare reform. Whether adoption, armed conflict, child labor, education, human trafficking, or deinstitutionalization, the post-war 20th century witnessed an evolution of international child protections. The prevailing standard of “best interests of the child” (BIC) has been incorporated into domestic and international law doctrine and, not surprisingly, has been operationalized in a variety of ways. In recent years, the standard has been explored …
Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth,
2021
University of San Diego
Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth, Francesca Lauta
Undergraduate Honors Theses
Three million children are abused every year in the United States. Although there are some safeguards, such as foster care and state child abuse laws, the number of abused children has not dwindled. How should the federal government respond? This article argues that the Thirteenth Amendment can be interpreted to protect abused children. It is widely accepted that the Thirteenth Amendment’s sole purpose is to abolish Black slavery, therefore rendering it useless in the modern legal climate. Nothing in the wording or context of the Amendment, however, suggests that it is limited to Black slavery. Interpreting the Amendment to encompass …
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding,
2021
University of Mississippi
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …
How To End The Cycle Of Domestic Violence: Policies Focused On Children,
2021
Texas A&M University School of Law
How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips
Student Scholarship
There is an alarming amount of people who witness childhood domestic violence, and when children are exposed to domestic violence, they are subjected to a cycle of violence and trauma that exists in families for generations. However, society does not focus on trauma-exposed children to help break the cycle of domestic violence, even though child witnesses and victims become future abusers and prison inmates. This paper explains the cycle of domestic violence and its traumatic effects, examines the problems and limits of the law in respect to family intervention, and concludes with policy solutions focused on assisting children exposed to …
How To End The Cycle Of Domestic Violence: Policies Focused On Children,
2021
Texas A&M University School of Law
How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips
Child and Family Law Journal
There is an alarming amount of people who witness childhood domestic violence, and when children are exposed to domestic violence, they are subjected to a cycle of violence and trauma that exists in families for generations.1 However, society does not focus on trauma-exposed children to help break the cycle of domestic violence, even though child witnesses and victims become future abusers and prison inmates. This paper explains the cycle of domestic violence and its traumatic effects, examines the problems and limits of the law in respect to family intervention, and concludes with policy solutions focused on assisting children exposed to …
Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave,
2021
Texas A&M University School of Law
Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave, Emily Bergmann
Child and Family Law Journal
This article addresses an issue relevant to all working parents: paid parental leave. The United States is the only industrialized nation in the world to not guarantee paid leave for parents. Substantial research and studies have documented numerous benefits correlated to paid parental leave including increased workforce participation, health benefits for both children and parents, reduced gender stereotypes, and more. Unfortunately, many fathers are stigmatized when they choose to take family leave; therefore, making leave mandatory is necessary to reduce this stigma. Current paternity leave policies in the United States will be analyzed under the FMLA, individual states, and private …
The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework,
2021
Barry University, Dwayne O. Andreas School of Law
The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework, Christian Williams
Child and Family Law Journal
No abstract provided.
The True Detriment Of Sibling Separation Lies In The Law,
2021
California Western School of Law
The True Detriment Of Sibling Separation Lies In The Law, Vincent Sorrentino
Child and Family Law Journal
No abstract provided.
Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act,
2021
University of Maryland
Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell
Child and Family Law Journal
No abstract provided.
Chimerism And Mosaicism: The Fallibility Of Dna Evidence,
2021
Yeshiva University, Benjamin N. Cardozo School of Law
Chimerism And Mosaicism: The Fallibility Of Dna Evidence, Robert Ellis-Liang
Child and Family Law Journal
No abstract provided.
Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse,
2021
University of Kansas School of Law
Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse, Mary Kate Workman
Child and Family Law Journal
No abstract provided.
Child Entertainers And Their Limited Protections: A Call For An Interstate Compact,
2021
Barry University, Dwayne O. Andreas School of Law
Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett
Child and Family Law Journal
No abstract provided.
