Statistically Speaking: Deepening Our Understanding Of Fatal Childhood Maltreatment,
2014
Loyola University Chicago, School of Law
Statistically Speaking: Deepening Our Understanding Of Fatal Childhood Maltreatment, Sarah Silins
Children's Legal Rights Journal
No abstract provided.
Education Connection: A Prison To School Pipeline: Preparing Incarcerated Youth For Reentry Into Society And Public School,
2014
Loyola University Chicago, School of Law
Education Connection: A Prison To School Pipeline: Preparing Incarcerated Youth For Reentry Into Society And Public School, Jade Gary
Children's Legal Rights Journal
No abstract provided.
In The Courts: When The Bell Rings Silently: Punitive And Other Constitutional Concerns For Juvenile Detainees In Isolation,
2014
Loyola University Chicago, School of Law
In The Courts: When The Bell Rings Silently: Punitive And Other Constitutional Concerns For Juvenile Detainees In Isolation, Kevin Young
Children's Legal Rights Journal
No abstract provided.
Proactive Violence Prevention And Public Safety Reform: Ensuring The United Nation’S Convention On The Rights Of The Child,
2014
YMCA of Metropolitan Chicago
Proactive Violence Prevention And Public Safety Reform: Ensuring The United Nation’S Convention On The Rights Of The Child, Ryan Lugalia-Hollon, Meg Helder, Eduardo Bocanegra
Children's Legal Rights Journal
No abstract provided.
Challenging Discrimination Of Lgbt Youth In Juvenile Justice: Encouraging The Legal Strategy Of Selective Prosecution Motions,
2014
Miami-Dade County's Office of the Public Defender
Challenging Discrimination Of Lgbt Youth In Juvenile Justice: Encouraging The Legal Strategy Of Selective Prosecution Motions, Alanna Holt
Criminal Law Practitioner
No abstract provided.
Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014),
2014
UIC School of Law
Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart
UIC Law Review
No abstract provided.
Finding Hope For "Aged Out" Derivative Beneficiaries: Re-Examining The Child Status Protection Act In The Wake Of Scialabba V. Cuellar De Osorio, 47 J. Marshall L. Rev. 1319 (2014),
2014
UIC School of Law
Finding Hope For "Aged Out" Derivative Beneficiaries: Re-Examining The Child Status Protection Act In The Wake Of Scialabba V. Cuellar De Osorio, 47 J. Marshall L. Rev. 1319 (2014), Jihan Hassan, Hannah Kubica, Christina Corbaci
UIC Law Review
No abstract provided.
Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014),
2014
UIC School of Law
Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014), Rachel Fugett
UIC Law Review
Overly expansive juvenile transfer laws are inconsistent with the Court’s reasoning because their primary objective is to transfer juveniles into the adult criminal justice system solely for the purpose of punishing and sentencing them like adults. In so doing, expansive juvenile transfer laws, more often than not, largely ignore a juvenile’s diminished culpability and greater capacity for change.
Fighting The Establishment: The Need For Procedural Reform Of Our Paternity Laws,
2014
University of Michigan Law School
Fighting The Establishment: The Need For Procedural Reform Of Our Paternity Laws, Caroline Rogus
Michigan Journal of Gender & Law
Every state and the District of Columbia use voluntary acknowledgments of paternity. Created pursuant to federal law, the acknowledgment is signed by the purported biological parents and establishes paternity without requiring court involvement. Intended to be a “simple civil process” to establish paternity where the parents are unmarried, the acknowledgment is used by state governments to expedite child support litigation. But federal policy and state laws governing the acknowledgments do not sufficiently protect the interests of those men who have signed acknowledgments and who subsequently discover that they lack genetic ties to the children in question. A signatory who learns …
The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering,
2014
Washington and Lee University School of Law
The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl
Scholarly Articles
On March 14, 2012, a trial chamber of the International Criminal Court (ICC) convicted Thomas Lubanga Dyilo, a rebel leader from the Democratic Republic of the Congo, for child-soldier-related crimes. Some months later, Lubanga was sentenced to a prison term of fourteen years. On August 7, 2012, an ICC trial chamber issued its decision regarding the principles and procedures to be applied to reparations in the Lubanga case. This Article unpacks the relationships between the Lubanga proceedings and how the international community conceptualizes, and strives to prevent, child soldiering. This Article contends that the Lubanga proceedings reinforce, and incubate, a …
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?,
2014
Rutgers School of Law - Camden
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
University of Michigan Journal of Law Reform
The American child welfare system terminates parental rights for thousands of children each year even though adoptive families have not yet been identified for the children. Every year, there are more than 100,000 of these “legal orphans” waiting for new families. Given the lower rates of adoptions for children of color and older children, and the poor outcomes for most youth who age out of the foster care system, the American child welfare system must start to think differently about permanency options for children. This Article proposes a model statutory provision to reinstate parental rights under certain circumstances to give …
Pursuing Justice For The Child: The Forgotten Women Of In Re Gault,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus
Scholarly Works
In this article, I first draw on my recent book The Constitutional Rights of Children to introduce the facts of the case and place the case in the larger context of the history of American juvenile justice. I then focus specifically on the role of four remarkable women in the history of this landmark decision: Marjorie Gault, Gerald's mother; Amelia Lewis, Gerald's lawyer; Lorna Lockwood, an Arizona lawyer who became the first woman to serve as the Chief Justice of a State Supreme Court; and Getrude "Traute" Mainzer, who assisted in the litigation of Gerald's case before the U.S. Supreme …
A Colorado Child's Best Interests: Examining The Gabriesheski Decision And Future Policy Implications,
2014
University of Colorado Law School
A Colorado Child's Best Interests: Examining The Gabriesheski Decision And Future Policy Implications, David Meschke
University of Colorado Law Review
Children in dependency and neglect proceedings are one of the most vulnerable groups in our legal system. Nationally, their legal representation comes in many forms. In Colorado, juvenile courts assign guardians ad litem (GALs) to children in these proceedings. GALs are lawyers who represent the children's best interests. For many years, GALs faced an ethical dilemma: should confidentiality, as proscribed by the Colorado Rules of Professional Conduct, apply to the GAL-child relationship. In People v. Gabriesheski, the Colorado Supreme Court held that GALs are not their children's lawyers and, thus, confidentiality does not exist between GALs and children. While this …
Case Closed: Addressing Unmet Legal Needs & Stabilizing Families,
2014
University of Michigan Law School
Case Closed: Addressing Unmet Legal Needs & Stabilizing Families, Vivek S. Sankaran, Martha L. Raimon
Other Publications
This is the first of two articles that examines the role that advocates for parents and families can play in furthering the well-being and safety of children. This article highlights how the work of multidisciplinary advocacy teams with legal expertise can help prevent children from entering foster care. The next article will discuss emerging parent representation models that expedite the safe reunification of children already in foster care.
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014),
2014
John Marshall Law School
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody
UIC Law Open Access Faculty Scholarship
No abstract provided.
Justice Policy Reform For High-Risk Juveniles: Using Science To Achieve Large-Scale Crime Reduction,
2014
Columbia Law School
Justice Policy Reform For High-Risk Juveniles: Using Science To Achieve Large-Scale Crime Reduction, Jennifer L. Skeem, Elizabeth S. Scott, Edward Mulvey
Faculty Scholarship
After a distinctly punitive era, a period of remarkable reform in juvenile crime regulation has begun. Practical urgency has fueled interest in both crime reduction and research on the prediction and malleability of criminal behavior. In this rapidly changing context, high-risk youth – the small proportion of the population where crime is concentrated – present a conundrum. Research indicates that these are precisely the individuals to intensively treat to maximize crime reduction, but there are both real and imagined barriers to doing so. Institutional placement or criminal court processing can exclude these youths from interventions that would better protect public …
In Re Sanders And The Resurrection Of Stanley V. Illinois,
2014
Columbia Law School
In Re Sanders And The Resurrection Of Stanley V. Illinois, Joshua Gupta-Kagan
Faculty Scholarship
This Essay begins by reviewing Stanley v. Illinois, and outlines how that foundational case originally recognized parental rights in foster care cases yet became understood primarily as a private adoption case. Second, it explains how, simultaneously, family courts developed the One-Parent Doctrine and a related doctrine making it difficult to transfer custody of a child from an abusive or neglectful parent in one state to a non-offending parent in another. Both doctrines violate Stanley by allowing the State to take custody of children without ever proving parental unfitness. Cases adopting these doctrines literally ignore Stanley. Third, this Essay …
Judicial Leadership In Family Court: A Cautionary Tale,
2014
Columbia Law School
Judicial Leadership In Family Court: A Cautionary Tale, Jane M. Spinak
Faculty Scholarship
For the past 35 years I have been practicing in, teaching, and writing about the Family Court. The problem-solving court movement in the last two decades – with its proliferation of drug courts, mental health courts, and veterans courts, to name a few – renewed my interest in the historical roots of the family court because of the parallels between the original juvenile court and the recent problem solving court movement. One of the key elements – perhaps the defining element – in both is the role of the judge as the leader of the court. That is what I …
Jailing Black Babies,
2014
William & Mary Law School
Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk,
2014
Elisabeth Haub School of Law at Pace University
Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This Article examines the psychosocial processes of risk construction and explores how these processes intersect with core principles of Anglo-American law. It does so by critiquing current cultural and legal perceptions that mothers, especially pregnant women, pose a risk to their children’s health. The Article’s core argument is that during the last four decades, both American society and American law have increasingly come to view mothers as a primary source of risk to children. This intense focus on the threat of maternal harm ignores significant environmental sources of injury, including fathers and other men, as well as exposure to toxic …
