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Full-Text Articles in Law
Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke
Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke
Faculty Scholarship
Curfew laws seek to provide general protection to youth and adults by restricting the times that children of certain ages are allowed to occupy public places or streets. These laws often contain exemptions for youth accompanied by an adult, responding to an emergency, or traveling to or from school, work, or a religious service, among others. However, the actual language used and exemptions included vary by locality. As a result, courts have reached different results—several courts upheld curfew laws as constitutional, while others overturned these laws. Although not the original reason behind juvenile curfew enactment, several studies have found that …
"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik
"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik
Faculty Scholarship
Legal models of adolescent autonomy and responsibility in various domains of law span a spectrum from categorical prohibitions of certain behaviors to recognitions of total adolescent autonomy. The piecemeal approach to the limited decision-making capacity of adolescents lacks an empirical foundation in the differences between adolescent and adult decision-making, leading to counterintuitive and inconsistent legal outcomes. The law limits adolescent autonomy with respect to some decisions that adolescents are perfectly competent to make, and in other areas, the law attributes adult responsibility and imposes adult punishments on adolescents for making decisions that implicate their unique volitional vulnerabilities. As developmental neuroscientists …
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Faculty Scholarship
Legal and ethical regimes relating to adolescent medical decision making resemble what Judge Frank H. Easterbrook derisively called “the Law of the Horse”: Many laws deal with horses, he wrote, but there is no such field as “horse law.” Similarly, even though the United States has juvenile and family courts, as well as pediatric and adolescent medical departments, there is not a distinct field of “adolescent medical decision-making law” or ethics; there are just many disparate policies that implicate or impinge upon decisions made by adolescents. These include state laws ranging from those that permit minors to seek treatment for …
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
Faculty Scholarship
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …
Secondhand Smoke And The Family Courts: The Role Of Smoke Exposure In Custody And Visitation Decisions, Kathleen Dachille, Kristine Callahan
Secondhand Smoke And The Family Courts: The Role Of Smoke Exposure In Custody And Visitation Decisions, Kathleen Dachille, Kristine Callahan
Faculty Scholarship
This publication is designed to assist courts, practitioners and lay people who are faced with a custody or visitation proceeding in which a child's exposure to secondhand smoke has been or may be raised.
Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton
Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton
Faculty Scholarship
No abstract provided.
The Basics Of Getting Started - Who, What, When, Where, And How?, Leigh S. Goodmark
The Basics Of Getting Started - Who, What, When, Where, And How?, Leigh S. Goodmark
Faculty Scholarship
Before you open the doors of your school-based legal clinic, you need to answer some fundamental questions about how your clinic will operate. This section poses those questions and suggests a range of answers based on the experiences of lawyers who have established and/or are currently working in school-based clinics. Consider it a guide to assist you in getting your own clinic started. For further clarification on specific topics, refer to subsequent sections of the book where they are addressed in more detail.
Children: Wards Or Waifs Of The Court, Susan P. Leviton
Children: Wards Or Waifs Of The Court, Susan P. Leviton
Faculty Scholarship
No abstract provided.