Multi-Generation Queer Families: Foregrounding the LGBTQ Children of LGBTQ People

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Ten is Too Young: South Dakota’s Need for a Legislative Amendment Raising the Minimum Age of Criminal Responsibility to Fourteen

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From the abstract: “South Dakota, like many other states, allows young children to be introduced to the criminal justice system at a very young age. Although South Dakota originally focused on managing children’s misbehavior, the law has evolved in a way that punishes kids for being kids. Despite recent reforms to handle juvenile delinquency in…

Razing and Rebuilding Delinquency Courts: Demolishing the Flawed Philosophical Foundation of Parens Patriae

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Justice Is Not a Game: The Devastating Racial Inequity of Washington’s Three Strikes Law

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From the introduction: “The report begins by examining the racial impact of the Persistent Offender Accountability Act (POAA) through data. The racially disparate application of the Three Strikes Law has been documented since shortly after the law’s passage and has held constant for more than two decades. This report presents the most recent data related…

From Suspension to Mass Incarceration: Punishment of Students with Special Needs and the School-to-Prison Pipeline

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From the abstract: “Since their inception in the late 1980s, zero-tolerance policies have been a cornerstone of American school discipline. Passed by legislators with the intent of protecting school children, these policies have disparately upended the education of marginalized students. School discipline of vulnerable students often paves the way to juvenile incarceration, which in turn…

The Anti-Racist Imperative of Infancy

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This article calls for the categorical exclusion of young children from juvenile court jurisdiction as a pathway toward the abolition of the juvenile legal system in its current form. This article highlights the landscape of age-based jurisdictional boundaries across the country: 24 states have no minimum age of arrest and prosecution, while 18 states have…

Same Crime, Different Time: Sentencing Disparities in the Deep South & A Path Forward Under the Fourteenth Amendment

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From the introduction: “Although racial discrimination in the Deep South is not the outright focus of this Note—many other scholars have tackled this subject—it remains an underlying ugly truth that is woven into the conversation throughout. Rather than illuminate an already expansive area of jurisprudence, the Author has sought to address racial disparities in sentencing…

A Cross-Clinic Collaboration: How an Amicus Brief Helped Create Judicial Recognition of Adultification Bias in Juvenile Sentencing

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From the introduction: “In In re Personal Restraint of Asaria Miller, at the urging of merits counsel from the University of Washington’s Race and Justice Clinic, supported by amicus counsel from Seattle University School of Law’s Civil Rights Clinic, the Washington State Court of Appeals took an important step in accounting for the ways that…

Locked Away for Life: The Case Against Juvenile Life Without Parole for Felony Murder

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This article makes the argument against the imposition of life without parole for young people who commit felony murder using an adolescent development framework. The author analyzes existing case law to outline that, just as the U.S. Supreme Court found the death penalty inappropriate for felony murder and relied on adolescent brain development research in…

Abolish Gang Statutes with the Power of the Thirteenth Amendment: Reparations for the People

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This article calls for the use of the Thirteenth Amendment to abolish federal and state gang statutes. Highlighting the lineage of modern-day gang statutes from Black Codes to vagrancy laws from the Jim Crow era to gang injunctions, this article establishes how current gang statutes remain as “badges and incidents” of slavery. This article walks…

Data, The New Cotton

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Black Lives Monitored

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Race, Surveillance, Resistance

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Virtual Shackles: Electronic Surveillance and the Adultification of Juvenile Courts

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Race, Racial Bias, and Imputed Liability Murder

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This Article is one of the first to explore the racialized impact of the two most controversial and ubiquitous forms of what we call “imputed liability murder.” An analysis of ten years of murder prosecutions in the state of Minnesota reveals that imputed liability murder is anything but a fringe subtype of homicide: an astounding…

Why (Jury-Less) Juvenile Courts Are Unconstitutional

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Brain Science and the Theory of Juvenile Mens Rea

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Kids Will be Kids: Time for a “Reasonable Child” Standard for the Proof of Objective Mens Rea Elements

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A More Grown-Up Response to Ordinary Adolescent Behaviors: Repealing PINS Laws to Protect and Empower D.C. Youth

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Unshackled: Stories of Redemption Among Serious Youth Offenders

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No Child Left Confined: Challenging the Digital Convict Lease

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This article is a transcript of a lecture given by Professor Chaz P. Arnett at a Symposium hosted by the University of Maryland Francis King Carey School of Law’s Journal of Health Care Law & Policy. Professor Arnett discusses juvenile courts’ increased reliance on electronic monitoring, which he classifies as “e-carceration,” or the “the digital…

Toward Mercy: Excessive Sentencing and the Untapped Power of North Carolina’s Constitution

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A Post-Dobbs Future: Bailing Water Downstream to Center Democracy’s Children

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The Empty Promise of the Fourth Amendment in the Family Regulation System

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This Article argues that the casual home invasions of the family regulation system are not just another story of lawless state action carried out by rogue actors or of an adversarial system failing to function. Instead, this is a story of a problem-solving system functioning exactly as it was designed. The problem-solving model emphasizes informality,…

Young, Black, and Wrongfully Charged: A Cumulative Disadvantage Framework

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From the abstract: “The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful conviction. Specifically, we propose…