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Josh Gupta-Kagan

Title: Assistant Professor of Law
Department: Clinical Legal Education
School of Law
E-mail: jgkagan@law.sc.edu
Phone: 803-777-3393
Office:

1525 Senate Street
Room 370
Columbia, SC 29208

Resources:

CV (pdf) 

SSRN

Josh Gupta-Kagan

Background

Josh Gupta-Kagan is an Assistant Professor of Law and specializes in legal issues affecting children and families, especially child welfare and juvenile justice issues. He teaches a juvenile justice clinic and Interviewing, Counseling, and Negotiation. Prior to joining the University of South Carolina faculty, he practiced as a Senior Attorney at the Children's Law Center, a legal services organization in the District of Columbia devoted to a wide range of children's legal issues. He worked at the DC Children's Law Center for six years, representing children and family members in District of Columbia Family Court cases, and successfully advocating for legislative reforms. He has contributed to the District of Columbia's 2007 statute governing custody actions filed by third parties, the re-establishment of a housing program for families of children at risk of entering foster care, the expansion of guardianship subsidies to non-kin and extension of subsidies to age 21, and various District statutes and regulations related to abuse and neglect law and education law.

Professor Gupta-Kagan's scholarship has addressed topics including the Fourth Amendment rights of children and families during child protection investigations and at school, improved juvenile and family court procedures, and policy reforms to improve the child welfare system, better enable children to leave foster care for permanent families, and better govern custody disputes between parents and third parties who have raised children. His scholarship has appeared in the Tulane Law Review, Missouri Law Review (forthcoming), and the N.Y.U. Journal of Legislation and Public Policy, among other publications.

Professor Gupta-Kagan previously taught as a lecturer-in-law in the Washington University in St. Louis Law School's Civil Justice Clinic, and as an adjunct professor at the Georgetown University Law Center. He received his bachelor's degree from Yale College and his J.D. from the New York University School of Law, where he was a Root-Tilden-Kern Public Interest Scholar. He clerked for the Hon. Marsha S. Berzon of the U.S. Court of Appeals for the Ninth Circuit.

Education

  • J.D. (2004) New York University School of Law
  • B.A. (2000) Yale College

Teaching

  • Juvenile Justice Clinic (LAWS 772)
  • Juvenile Justice (LAWS 797)

Scholarship

  • “Rethinking Family Court Prosecutors: Elected and Agency Prosecutors and Prosecutorial Discretion in Juvenile Delinquency and Child Protection Cases”, 85 U. of Chicago L. Rev. __ (forthcoming 2018)
  • “The Standard of Proof in the Substantiation of Child Abuse and Neglect”, 14 J. of Empirical Legal Stud. 333 (2017), with Mary Eschelbach Hansen and Nick Kahn
  • “Stanley v. Illinois’ Untold Story”, 24 Wm. & Mary Bill of Rts. J. 773 (2016)
  • “Non-Exclusive Adoption and Child Welfare”, 66 Ala. L. Rev. 715 (2015)
  • “Towards a Public Health Legal Structure for Child Welfare”, 92 Neb. L. Rev. 897 (2014)