Monthly Archives: November 2009

Library Highlights: Children and the Law

Confonting_Cyber_BullyingConfronting Cyber-bullying:What Schools Need to Know to Control Misconduct and Avoid Legal Consequences
Shaheen Shariff
K5210 .S53 2009
From the Publisher: This book is directed to academics, educators, and government policy-makers who are concerned about addressing emerging cyber-bullying and anti-authority student expressions through the use of cell phone and Internet technologies. There is a current policy vacuum relating to the extent of educators’ legal responsibilities to intervene when such expression takes place outside of school hours and school grounds on home computers and personal cell phones. Students, teachers, and school officials are often targets of such expression. The author analyzes government and school responses by reviewing positivist paradigms. Her review of a range of legal frameworks and judicial decisions from constitutional, human rights, child protection, and tort law perspectives redirects attention to legally substantive and pluralistic approaches that can help schools balance student free expression, supervision, safety, and learning.

Law_of_Schools_Students_Teachers_NutshellThe Law of Schools, Students, and Teachers in a Nutshell
Kern Alexander, M. David Alexander
KF4119.85 .A43 2009
From the Publisher: This text captures the key points of the precedents governing student rights and responsibilities relating to attendance, speech, expression, religion, discipline, grades, tests, drugs, search and seizure, and the range of procedural due process interests. It further addresses the range of constitutional rights and protections for teachers as well as employment terms and conditions, including contracts, tenure, and potential liabilities.


Children_in_the_CourtroomChildren in the Courtroom: Challenges for Lawyers and Judges
Sherrie Bourg Carter
KF9673 .B68 2009
From the Publisher: In [this book], Sherrie Bourg Carter provides attorneys and judges with the critical information they need to properly review and handle cases involving child witnesses. Through a detailed discussion of the complicated legal, investigative, and developmental problems that are commonly encountered when children are involved in the legal system, Bourg Carter offers practical guidance to help legal professionals maneuver the often thorny landscape of using child witnesses in litigation. In an easy-to-read format, this book covers common legal arguments that arise with child witnesses, proper and improper child interview methods, legally relevant child developmental issues, and helpful procedures when children testify in the courtroom.

Chock full of new material, the second edition includes new sections on working with disabled child witnesses, taint, multiple incident cases, multiple victims cases, recantation, vertical prosecution, and child assessment centers. Bourg Carter delivers two new chapters—one devoted exclusively to improper interview techniques and the other outlining specific strategies for questioning a child witness. In addition, practitioners will find updated coverage of competence to testify; availability and hearsay; and reviews of case law related to Crawford v. Washington and Davis v. Washington.

What_Is-Right_for_ChildrenWhat is Right for Children?: The Competing Paradigms of Religion and Human Rights
edited by Martha Albertson Fineman and Karen Worthington
KF4783 .W43 2009
From the Publisher: Combining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children.

Understanding_Juvenile_LawUnderstanding Juvenile Law
Martin R. Gardner
KF9780 .G37 2009
From the Publisher: This Understanding treatise discusses the various bodies of law in relation to a fundamental issue permeating the entire field of juvenile law: the extent to which the law should protect young people rather than recognize them as autonomous persons. While the law traditionally adopted a protectionist posture, recent legal developments appear to recognize autonomy rights of adolescents in certain contexts. These developments are praised by some commentators who advocate wholesale rejection of the paternalistic model in favor of a system that treats adolescents as full-fledged persons under the law. This book does not advocate any particular resolution of the current debate about the nature of the rights of young people; rather, it suggests that sensitivity to the issues and arguments entailed in that debate is essential to any true understanding of the present state of juvenile law […].

Children_in_the_Legal_SystemChildren in the Legal System: Cases and Materials
Samuel M. Davis … [et al.].
KF479 .C46 2009
From the Publisher: The new 4th edition has been thoroughly updated with the latest and best cases and statutory references. It includes references to the most recent scholarly articles, books and other publications. It also includes coverage of some recent Supreme Court decisions such as: Morse v. Frederick (the BONG HITS 4 JESUS student free expression case), Roper v. Simmons (the juvenile death penalty case). Davis v. Washington and Hammon v. Indiana (clarifying the meaning of “testimonial” in the Court’s earlier decision in Crawford v. Washington addressing Confrontation Clause issues with respect to statements made to police).

This book is distinguished by its breadth of coverage and degree of flexibility in teaching. It deals with every aspect of how the law relates to minors, from free expression in school and other school-related issues to child custody, to private law (e.g., torts and contracts), to the juvenile justice system (i.e., delinquency and the operation of criminal justice principles to juvenile justice), to abuse and neglect (including medical neglect), to termination of parental rights, to foster care, to adoption, to the status of children as children (i.e., children’s “rights”). For that reason, the book lends itself to use in any number of courses that might be styled “Juvenile Law,” or “Juvenile Justice,” or “Juvenile and Family Law,” or, indeed, “Children in the Legal System” or some other similar designation. As mentioned below, the flexibility of the book lends itself to varying numbers of credit hours […].