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Firsthand insight from legal scholars, professors, and practitioners who have spent their careers studying the law. Written for students and communities.

EXPERT PERSPECTIVES

Voices from the Field

SHIELD Legal reaches out to legal scholars, professors, and practitioners to bring students firsthand insight from people who have spent their careers studying the law.

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Carl Hernandez

Professor of Law · BYU J. Reuben Clark Law School

Constitutional Law

What legal issues do young people most commonly get wrong?

Students should start with the basics of the United States Constitution. Understanding federalism and how power is divided between federal and state governments gives you a foundation for everything else. From there, the Bill of Rights becomes much easier to understand. The First Amendment protects free speech and expression. The Fourth Amendment protects you from unlawful searches. The Fifth Amendment guarantees due process. The Fourteenth Amendment ensures equal protection. These are not abstract ideas. They apply directly to students in schools every day.

How can students tell if a legal source is trustworthy?

Go to primary sources. That means the actual text of the U.S. Constitution, state constitutions, federal and state laws, and court decisions that interpret those laws. Local ordinances count too. Law treatises written by legal scholars are also solid resources. If a source is not pointing back to one of these, treat it with skepticism.

What is one thing you wish more students understood about the legal system?

How our constitutional system actually works. Power in this country is divided both horizontally across federal, state, and local governments, and vertically across the legislative, executive, and judicial branches. Students need to understand not just their rights but their responsibility to uphold the rule of law by participating in government and holding leaders accountable.

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Adam Sheets

Assistant Public Defender · Nashville Defenders

Criminal Law

What legal issues do young people most commonly get wrong?

Two big ones. First, what to do when your rights are being violated. The instinct is to fight back, yell, or resist. But often the best move is to clearly state your rights, explain why you believe you are being wronged, and then say nothing else. Let a lawyer fight it after the fact. Escalating in the moment rarely helps and can make things worse. Second, Miranda rights. You are only read your Miranda rights if you are both in custody and being questioned. Both conditions have to be true. Miranda is also not a get out of jail free card. It only prevents police from using your own statements against you in court.

How can students tell if a legal source is trustworthy?

This might surprise you, but Wikipedia is actually one of the more reliable online sources for general legal information because it is constantly reviewed and corrected by many people. Most websites, whether .com, .gov, .org, or .edu, are written by a single person or organization with their own perspective. That said, online sources in general are bad when it comes to the specifics of your situation. Even educated lawyers sometimes give terrible takes online. The best practice is always to find an actual lawyer to talk to.

What is one thing you wish more students understood about the legal system?

Being charged or arrested does not mean you are guilty. Those are very different things. At the same time, getting a case completely dismissed is extremely rare for the average person in our system. The legal process is more complicated than most people realize, and that is exactly why having a lawyer matters so much.

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Louis D. Bilionis

Dean Emeritus and Droege Professor of Law · University of Cincinnati

Student Rights

What resources would you recommend for students learning about their rights?

The American Civil Liberties Union has been providing resources on student rights for a long time, and their materials are freely available online. Their Know Your Rights section is a solid starting point. The Foundation for Individual Rights and Expression, known as FIRE, is another good resource, particularly focused on colleges and universities. Both organizations have built strong reputations for legal analysis on civil liberties issues.

How can students tell if a legal source is trustworthy?

The question of what to trust is not easy today given how many voices exist on the internet. Legal issues are often genuinely contested. Competing sides each claim they are correct. I would rely more heavily on sources that are longstanding and have solid reputations for careful legal analysis. Keep in mind that even reputable organizations can have a point of view. The ACLU, for example, is pro-civil liberties and will tend to be more supportive of a student rights claim than an organization that aligns with school administrations. Knowing who is speaking and what their perspective is matters as much as what they are saying.

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Haider Ala Hamoudi

Dean and Nippert Professor of Law · University of Cincinnati

Legal Theory

What legal issues do young people most commonly get wrong?

The most common misunderstanding is that legal questions have a single correct answer waiting to be discovered. They rarely do. The law is built from text, precedent, and cultural norms that shift over time, and reasonable people including judges regularly disagree about what it requires. Learning to see and understand the arguments on multiple sides is closer to real legal thinking than searching for the right answer.

How can students tell if a legal source is trustworthy?

Start with the primary materials. That means the actual cases, statutes, and constitutional provisions. Secondary sources can help you understand them, but look carefully at who is writing. Law professors and judges are generally trying to analyze. Politicians and professional commentators often have a position they are defending. Be especially cautious about social media and any source that does not directly cite case law. Databases like Westlaw and LexisNexis are worth knowing about as well.

What is one thing you wish more students understood about the legal system?

Your agency. Legal rights do not sustain themselves. They exist because people were willing to make the cases, sign the letters, and show up. Every significant expansion of rights in American history came from individuals who chose to act. Students are not just observers of the legal system. They are potential shapers of it.

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Anna VanCleave

Professor of Law

Constitutional Law

What legal issues do young people most commonly get wrong?

When something feels unfair, most people ask: is there a law that prohibits this? But that is actually the wrong question. The better question is: what is the law that says the government can do this? Government actors derive their authority from the people and the laws we pass through elected representatives. If a government official is doing something that no law actually authorizes them to do, there is a good chance they do not have the authority to do it at all. That shift in thinking changes how you understand your rights entirely.

How can students tell if a legal source is trustworthy?

The most trustworthy source of legal information is the law itself. I recommend that students learn to read the actual law directly. That means actual constitutions, statutes, regulations, and judicial opinions. These are the primary materials that form the law, and they are publicly available.

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Julie McConnell

Professor of Law · Juvenile and Family Law

Juvenile Law

What legal issues do young people most commonly get wrong?

Many young people do not realize that a felony adjudication in juvenile court can stay on their record even after they reach adulthood. They also do not understand that those adjudications can increase the criminal penalties they might receive later in life. The consequences of juvenile court are real and lasting, and they are not always explained clearly to young people going through the system.

How can students tell if a legal source is trustworthy?

In criminal cases, the actual statutes and the court decisions that interpret them are the most reliable sources. Go to the law itself rather than summaries or opinions about it.

What is one thing you wish more students understood about the legal system?

Getting in trouble with the law can get you suspended or expelled from school, and that can seriously limit your options for employment and education down the road. Also, and this is important: you have a right to remain silent when police question you about alleged delinquent behavior. Be polite and cooperative. Give your name and address. Then ask for an attorney before answering anything else.

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