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School of Law


Josh Gupta-Kagan

Title: Professor of Law
School of Law
Phone: 803-777-3393

1525 Senate Street
Room 370
Columbia, SC 29208


CV (pdf) 


Josh Gupta-Kagan


Josh Gupta-Kagan is a Professor of Law and specializes in legal issues affecting children and families, especially child protection and juvenile justice issues. He teaches the Juvenile Justice Clinic; Parents, Children, and the State; Juvenile Justice; and Interviewing, Counseling, and Negotiation. Prior to joining the University of South Carolina faculty, he practiced for six years 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 represented children and family members in District of Columbia Family Court cases, and successfully advocated for various legislative reforms.

Professor Gupta-Kagan’s scholarship has addressed practice, procedure, and substantive reforms affecting the juvenile justice and child protection systems. His scholarship has appeared in the Stanford Law Review, University of Chicago Law Review, Fordham Law Review, and Journal of Empirical Legal Studies, 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.


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


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


  • Beyond “Children Are Different”: The Revolution in Juvenile Intake and Sentencing, __ Wash. L. Rev. __ (forthcoming 2021).
  • America’s Hidden Foster Care System, 72 Stan. L. Rev. 841 (2020).
  • Operationalizing Intake: Variations in Juvenile Court Intake Procedures and Their Implications, 102 Children & Youth Services Rev. 91 (2019), with Amanda Fairchild and Tia Stevens Andersen (peer-reviewed publication).
  • Reevaluating School Searches Following School-to-Prison Pipeline Reforms, 87 Fordham L. Rev. 2013 (2019).
  • The Intersection Between Young Adult Sentencing and Mass Incarceration, 2018 Wisc. L. Rev. 669 (2018).
  • The School-to-Prison Pipeline’s Legal Architecture: Lessons from the Spring Valley Incident and Its Aftermath, 45 Ford. Urb. L.J. 83 (2018).
  • Rethinking Family Court Prosecutors: Elected and Agency Prosecutors and Prosecutorial Discretion in Juvenile Delinquency and Child Protection Cases85 U. Chi. L. Rev. 743 (2018) [LINK]
  • 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)

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