December 13, 2017

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Why the ERA Failed: Comfort Over Content in the Fight for Women’s Rights -

Thursday, May 5, 2016

The Extent to Which Parents Should Regulate Their Children’s Abortions -

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Human Rights in a Reclusive Context: North Korea -

Thursday, May 5, 2016

Separation without Justification: Parental Rights of Pregnant Juveniles in Correctional Facilities -

Thursday, May 5, 2016

U.S. Asylum after September 11: Failures of the PATRIOT and ID Acts -

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Genomicare: The Affordable Care Act of 2023 -

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“Social Worker with a Gun:” The Role of Policing in Harm Reduction Among Addicts -

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Pulling Principles Out of Thick Air: The Incorporation of Customary International Law Under the Alien Tort Claims Act of 1789 After Sosa v. Alvarez-Machain -

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Schuette v. BAMN: Moving Toward a Colorblind Constitution -

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American Women in Combat: What Israel and Canada Can Teach the United States About Integration -

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The Intersection of Lawlessness and Justice: Police Misconduct -

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A Recommendation for Eliminating Lifetime Tenure for Federal Judges -

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VICTORY OF THE MINORITY: The Jehovah’s Witnesses’ Fight for Constitutional Rights -

Monday, June 30, 2014

VACATING CONVICTIONS: The Efficacy of One Form of Relief from the Consequences of Conviction -

Monday, June 30, 2014

Announcements

Article submissions are now open for the Journal! Deadline: December 19!

Separation without Justification: Parental Rights of Pregnant Juveniles in Correctional Facilities

 

Author: Victoria Kalumbi, Stanford University. Published in Volume VIII Issue II.

Adolescent females are a rapidly increasing population within the juvenile justice system, a number of whom are pregnant or mothers while held in detention facilities. Under the current system, pregnant adolescents have few, if any, rights to parenthood and face significant barriers in receiving adequate physical and mental health treatment. This paper argues that adolescent mothers have specific rights that cannot be infringed upon or limited by the state while incarcerated; chief of these rights is the right to be a parent. The denial of this right is a violation of the Due Process Clause of the Fourteenth Amendment. The separation of a mother from her children highlights deficits in the moral, ethical, and medical treatment of these youth within the justice system. This paper explores the need to examine community-based alternatives for juvenile female offenders in order to retain those rights.

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