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Articles 1 - 20 of 20
Full-Text Articles in Law
Chapter 39, The Florida Juvenile Justice Act: From Juvenile To Adult With The Stroke Of A Pen, Sue Carter
Chapter 39, The Florida Juvenile Justice Act: From Juvenile To Adult With The Stroke Of A Pen, Sue Carter
Florida State University Law Review
No abstract provided.
The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review
The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review
Michigan Law Review
This Note examines when judges deciding custody disputes may consider potential custodians' religious practices without violating the establishment clause of the first amendment to the Constitution. Although courts agree that they may not prefer one parent to another for religious reasons when both parents are religious and neither parent's religious practices threaten the child's health or safety, some courts believe that they may constitutionally prefer a religious parent to a nonreligious parent. Part I argues that courts violate the establishment clause by preferring religion to nonreligion when there is no showing that the child has personal religious convictions. Part II …
Runaway Youth And Resulting Prostitution And Drugs, Senate Select Committee On Children And Youth
Runaway Youth And Resulting Prostitution And Drugs, Senate Select Committee On Children And Youth
California Senate
No abstract provided.
The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.
The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.
University of Michigan Journal of Law Reform
This Note proposes that courts refuse to give further consideration to admitting the battering parent syndrome as evidence in both civil and criminal proceedings arising out of child abuse. Part I of the Note describes the syndrome as it appears in the psychological literature. Part II suggests that current judicial attitudes favor the future admissibility of the syndrome, conditioned only on an improved showing of scientific accuracy. Part III demonstrates that regardless of scientific accuracy, the character evidence rule forbids courts from admitting the battering parent syndrome. Part IV argues that the important policies underlying the character evidence rule override …
The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell
The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Juvenile Arson And Firesetting: A Growing Problem?, Joint Committee On Fire, Police, Emergency And Disaster Services
Juvenile Arson And Firesetting: A Growing Problem?, Joint Committee On Fire, Police, Emergency And Disaster Services
California Joint Committees
No abstract provided.
Reporter's Privilege And Juvenile Anonymity: Two Confidentiality Policies On A Collision Course, Diane Geraghty, Alan Raphael
Reporter's Privilege And Juvenile Anonymity: Two Confidentiality Policies On A Collision Course, Diane Geraghty, Alan Raphael
Loyola University Chicago Law Journal
No abstract provided.
Visitation Beyond The Traditional Limitations, Michael J. Lewinsky
Visitation Beyond The Traditional Limitations, Michael J. Lewinsky
Indiana Law Journal
No abstract provided.
In Re S.R.H.: A Decline In The Juvenile's Right To Notice In Illinois, Katherine M. Bigane
In Re S.R.H.: A Decline In The Juvenile's Right To Notice In Illinois, Katherine M. Bigane
Loyola University Chicago Law Journal
No abstract provided.
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Seattle University Law Review
This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.
New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler
New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler
UIC Law Review
No abstract provided.
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Articles
A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …
The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg
The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg
Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg
Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi
After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi
University of Miami Law Review
No abstract provided.
Too Many Rights Or Not Enough--A Study Of The Juvenile Related Decisions Of The West Virginia Supreme Court Of Appeals, Paul Mones
West Virginia Law Review
No abstract provided.
Juveniles, Linda S. Williams
Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank
Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank
Seattle University Law Review
This Comment first analyzes Washington’s hearsay exception Act in the light of the principles that form the basis for the hearsay rule and its exceptions. It then examines the effect of the Act on the preexisting hearsay rules. Next, it compares the concept of unavailability as used in the hearsay exceptions with the concept of incompetence; both concepts are then analyzed according to the requirements of the hearsay rules and the confrontation clause. The Comment concludes that the Act is unconstitutional because it permits admission of hearsay of testimonially incompetent children.
Rethinking Joint Custody, Elizabeth S. Scott, Andre Derdeyn
Rethinking Joint Custody, Elizabeth S. Scott, Andre Derdeyn
Faculty Scholarship
A small revolution has begun in child custody law, and as yet its dimensions and ultimate direction are uncertain. Joint custody, the sharing of legal authority by divorced or separated parents over their children, is gaining acceptance as the best arrangement for most children when their parents divorce. The legal system is embracing this arrangement with remarkable enthusiasm, although until recently it was viewed as being of questionable legality and antithetical to the best interest of the child. Today, thirty states have joint custody laws, most of which have been enacted since 1980. A growing number of the more recent …