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David R. Katner
  • Professor of Clinical Law and Felix J. Dreyfous Teaching Fellow in Juvenile Law
  • Director, Juvenile Law Clinic
  •  
  • dkatner@tulane.edu
  • 504.865.5156

Selected Publications

Book Chapters

Delinquency, Due Process, and Mental Health, Presuming Youth Incompetency, Chp. 5, A NEW JUVENILE JUSTICE SYSTEM: TOTAL REFORM FOR A BROKEN SYSTEM (Nancy Dowd, ed., NYU Press 2015).

Delinquency and Daycare, 4 HARVARD LAW & POLICY REVIEW 49 (2010). Available at http://hlpronline.com/2010/02/katner_daycare/. Reprinted in Chp. 2, JUSTICE FOR KIDS, KEEPING KIDS OUT OF THE JUVENILE JUSTICE SYSTEM 39 (Nancy E. Dowd, ed., NYU Press 2011).

Rethinking Juvenile Justice in the Wake of Katrina, Chp. 5, CHILDREN, LAW, AND DISASTERS, WHAT WE HAVE LEARNED FROM KATRINA AND THE HURRICANES OF 2005 113 (ABA Center on Children & the Law 2009). Available at SSRN: https://ssrn.com/abstract=2274701 

Legal Issues, Chp. 14, RECOGNITION OF CHILD ABUSE FOR THE MANDATED REPORTER 309 (G.W. Medical Publishing, Inc., Angelo P. Giardino, Eileen R. Giardino, eds.) (3rd Ed. 2002)(Henry J. Plum, co-author).

Raising the Insanity Plea, Chp. 4, ETHICAL PROBLEMS FACING THE CRIMINAL DEFENSE LAWYER 48 (Rodney J. Uphoff, ed., American Bar Assoc. 1995). Available at SSRN: https://ssrn.com/abstract=2306590 

Articles

Endorsing Pedophiles For Elected Office? 97 NEBRASKA LAW REVIEW (forthcoming 2018).

Up In Smoke: Removing Marijuana From Schedule I, 28 BOSTON UNIVERSITY PUBLIC INTEREST LAW JOURNAL 167 (2018). Available at SSRN: https://ssrn.com/abstract=3236322 

Creating State or Regional Dental Registries to Identify Pediatric Dental Abuse or Neglect, 1(5) BIOMEDICAL JOURNAL OF SCIENTIFIC AND TECHNICAL RESEARCH (2017). Available at 2017.bjstr.ms.ID000451.DOI:10.2617/bjstr2017.01.000451.

Considerations in Identifying Pediatric Dental Neglect and the Legal Obligation to Report (co-authored with Suzanne Fournier, DDS, and Christopher Brown, DDS), 147 JOURNAL OF THE AMERICAN DENTAL ASSOCIATION 812 (Oct. 2016).

Eliminating the Competency Presumption in Juvenile Delinquency Cases, 24 CORNELL JOURNAL OF LAW & PUBLIC POLICY 403 (2015). Available at SSRN: https://ssrn.com/abstract=2600603.

Mandatory Reporting of Oral Injuries Indicating Possible Child Abuse, 143 JOURNAL OF THE AMERICAN DENTAL ASSOCIATION 1087 (Oct. 2012) (co-authored with Christopher Brown, DDS).

Revising Legal Ethics in Delinquency Cases by Consulting with Juveniles’ Parents, 79 UMKC LAW REVIEW 595 (2011). Available at SSRN: https://ssrn.com/abstract=2268196

In Opposition to the Mandatory Registration of Juvenile Sex Offenders, 3 JOURNAL OF RACE, GENDER & POVERTY 21 (2011-12). Available at SSRN: https://ssrn.com/abstract=2274155

Foreword: The Legacy of Gault, 44 CRIMINAL LAW BULLETIN 302 (May-June 2008). Available at SSRN: https://ssrn.com/abstract=2269190

The Ethical Struggle of Usurping Juvenile Client Autonomy by Raising Competency in Delinquency and Criminal Cases, 16 SOUTHERN CALIFORNIA INTERDISCIPLINARY LAW JOURNAL 293 (2007). Available at SSRN: https://ssrn.com/abstract=2268203

The Mental Health Paradigm and the MacArthur Study: Emerging Issues Challenging the Competence of Juveniles in Delinquency Systems, 32 AMERICAN JOURNAL OF LAW & MEDICINE 503 (2006). Available at SSRN: https://ssrn.com/abstract=2271800

Confidentiality and Juvenile Mental Health Records in Dependency Proceedings, 12 WILLIAM & MARY BILL OF RIGHTS JOURNAL 511 (2004). Available at SSRN: https://ssrn.com/abstract=2269763. This article was selected for reprinting in Representing Children, Families, and Agencies in Child Welfare, Juvenile Justice, Custody, and Adoption Proceedings 281 (Nat'l Assoc. of Counsel for Children, Children's Law Manual Series, 2004 ed.).

A Defense Perspective of Treatment Programs for Juvenile Sex Offenders, 37 CRIMINAL LAW BULLETIN 371 (July-Aug. 2001); reprinted in 2 JUVENILE CORRECTIONAL MENTAL HEALTH REPORT 17 (Jan./Feb. 2002). Available at SSRN: https://ssrn.com/abstract=2269689

Raising Mental Health Issues – Other Than Insanity – In Juvenile Delinquency Defense, 28 AMERICAN JOURNAL OF CRIMINAL LAW 1 (2001). Available at SSRN: https://ssrn.com/abstract=2274110

Using Developmental and Mental Health Issues in Opposition to Juvenile Waivers Into Adult Criminal Courts, 4 MICHIGAN CHILD WELFARE LAW JOURNAL 3 (2000). Available at SSRN: https://ssrn.com/abstract=2277224 or http://dx.doi.org/10.2139/ssrn.2277224

Coming to Praise, Not to Bury, the New ABA Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases, 14 GEORGETOWN JOURNAL OF LEGAL ETHICS 103 (2000). Available at SSRN: https://ssrn.com/abstract=2274112

Treatment Programs for Juvenile Sex Offenders: One Defense Lawyer's Perspective, IMPROVING THE PROFESSIONAL RESPONSE TO CHILDREN IN THE LEGAL SYSTEM (Nat'l Assoc. of Counsel for Children, Children's Law Manual Series, 2000 ed.).

The Nexus of Dependency and Delinquency: Requesting Dependency Lawyers to Handle Delinquency Cases, 3 MICHIGAN CHILD WELFARE LAW JOURNAL 2 (WINTER, 1999). Available at SSRN: https://ssrn.com/abstract=2274743

Raising Mental Health Issues in Juvenile Delinquency Defense: One Lawyer’s Perspective, SERVING THE NEEDS OF THE CHILD CLIENT: KEEPING PACE WITH THE PRACTICE OF LAW FOR CHILDREN 77 (Nat'l Assoc. of Counsel for Children, Children's Law Manual Series, 1998 ed.).

The Diminishing Protections of the Fourth, Fifth and Sixth Amendments for Juveniles in Delinquency Cases, and Some Child Development Considerations Worth Revisiting, CHILD ADVOCACY AT A CROSSROADS 351 (Nat'l Assoc. of Counsel for Children, Children's Law Manual Series, 1996 ed.).

The Ethical Dilemma Awaiting Counsel Who Represent Adolescents With HIV/AIDS: Criminal Law and Tort Suits Pressure Counsel to Breach the Confidentiality of the Clients' Medical Status, 70 TULANE LAW REVIEW 2311 (1996). Available at SSRN: https://ssrn.com/abstract=2268035

Selected Fundamental Issues for Non-Legally Trained Professionals Who Work With Attorneys in Representing Juvenile Victims and Offenders in Domestic Violence Cases 91 (co-authored with M. Ventrell), 23RD ANNUAL CHILD ABUSE AND NEGLECT SYMPOSIUM, AGGRESSION & VIOLENCE: DEVELOPMENTAL PATHWAYS (C. Henry Kempe Nat’l Center for the Prevention and Treatment of Child Abuse and Neglect, and Dept. of Pediatrics, Univ. Colo. School of Medicine, 1995).

Breaching Attorney-Client Confidentiality When Representing Juveniles With AIDS, EXCELLENCE IN CHILDREN’S LAW 199 (Nat'l Assoc. of Counsel for Children, Children's Law Manual Series, 1994 ed.).

Legal Ethics and Representation of Juvenile Clients in Oklahoma, CHILDREN AND THE LAW, V-1CV-13, Pub. No. 541 (Oklahoma Bar Association) (1994).

Ethics in Juvenile Law, CURRENT ISSUES IN PEDIATRIC LAW 253 (Nat'l Assoc. of Counsel for Children, Children's Law Manual Series, 1993 ed.).

Ethical Considerations in Domestic Relations Cases Involving Child Abuse, USING THE LAW TO PROTECT CHILDREN: CURRENT ISSUES IN CHILD WELFARE LAW, ABUSE & NEGLECT (State Bar of New Mexico)(1992).

The Enhanced Ethical Obligations of Representing Juveniles, CHILDREN’S LAW UPDATE 165 (Nat'l Assoc. of Counsel for Children, Children's Law Manual Series, 1991 ed.).

Attempting to Define “Child Neglect” (co-authored by V. Barnes), CHILDREN’S LAW UPDATE 143 (Nat'l Assoc. of Counsel for Children, Children's Law Manual Series, 1991 ed.).

Addressing the Unmet Need for Counsel to Handle Delinquency As Well As Dependency Cases, 20 GUARDIAN 3 (1988).