Sue Burrell | August 4, 2017 | Children and the Law, Sentencing
A fundamental rule of our constitutional system is that a person may not be subjected to extended detention absent a judicial determination of probable cause that he or she committed a crime. In Gerstein v. Pugh, the Supreme Court recognized the Fourth Amendment right...
Ashley Nellis | August 3, 2017 | Children and the Law, Sentencing
Decades of research from the fields of criminology and adolescent brain science find that the decisions made in youth — even very unwise decisions — do not crystallize criminality. Instead, as young people age and mature they develop the capacity to make different...
Louise Ellen Teitz | July 28, 2017 | Children and the Law, Conflict of Laws, U.S. Foreign Relations Law
INTRODUCTION Treating internal U.S. conflicts and international conflicts law the same, without distinguishing between them, has always puzzled non-U.S. lawyers and scholars. Europeans often do not understand how we can treat transnational choice of law decisions as...
Elizabeth S. Scott | July 7, 2017 | Children and the Law
A brief historical account may be helpful in understanding the uncertainty and the reasons why a Restatement of Children and the Law would be particularly useful in clarifying legal doctrine and in supporting emerging reform trends. The traditional legal model of...
Barry C. Feld | July 5, 2017 | Children and the Law, Policing
Introduction My professional career has spanned three of the four eras of juvenile justice in the United States: the Due Process Revolution of the 1960s and 1970s; the Get Tough Era of the 1980s and 1990s; and the more recent academic and judicial recognition that...
Maxine Eichner | June 30, 2017 | Children and the Law
Doctors and hospitals have begun to level a new charge — “medical child abuse” (MCA) — against parents who, they say, get unnecessary medical treatment for their kids. The fact that this treatment has been ordered by other doctors does not protect parents from these...
