Youth Dignity Takings: How Book and Trans Bans Take Youth Property and Dignity  

Loyola Interdisciplinary Journal of Public Interest Law  

87 Pages Posted: 6 Feb 2024

See all articles by Sarah Medina Camiscoli

Sarah Medina Camiscoli

Rutgers Law School Newark

Paige Duggins-Clay

Intercultural Development Research Institute

Maryam Salmanova

Independent

Ibtihal Chamakh

Yeshiva University - Benjamin N. Cardozo School of Law

Date Written: January 16, 2024

Abstract

This article practices Participatory Law Scholarship and Movement Law to engage Marginalized and Mobilized Youth in legal scholarship and to elevate their resistance against book bans and trans bans. Together, we—a legal scholar-practitioner, frontline movement lawyer, Youth community legal worker, and law student-activist—make the positive claim that book bans and trans bans constitute a dignity taking—a state action that takes property from a marginalized group and dehumanizes and infantilizes that group in the process. Further, we make the normative claim that legal advocates committed to repairing the deprivations of these bans and bills must attend to both the material loss and the immaterial loss of Youth dignity. The article concludes with movement lawyering and prefigurative strategies that legal scholars and practitioners can use to win material change, redistribute power and property, and reimagine law in solidarity with targeted Youth. As the first piece of legal scholarship to join frontline practitioners and Youth legal workers as co-authors, this article provides new insights on the material failure of constitutional law to protect Mobilized and Marginalized Youth from the legislative and administrative violence of book bans and trans bans.

Keywords: Movement Law, Dignity Takings, Children and the Law, Critical Race Theory, Participatory Law Scholarship, Education Law, Critical Legal Studies

Suggested Citation

Medina Camiscoli, Sarah and Duggins-Clay, Paige and Salmanova, Maryam and Chamakh, Ibtihal, Youth Dignity Takings: How Book and Trans Bans Take Youth Property and Dignity   (January 16, 2024). Loyola Interdisciplinary Journal of Public Interest Law  , Available at SSRN: https://ssrn.com/abstract=4696785

Sarah Medina Camiscoli (Contact Author)

Rutgers Law School Newark ( email )

Newark, NJ
United States

Paige Duggins-Clay

Intercultural Development Research Institute ( email )

Maryam Salmanova

Independent

Ibtihal Chamakh

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

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