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Articles 1 - 30 of 33
Full-Text Articles in Law
Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden
Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden
University of Richmond Law Review
No abstract provided.
Representing Children On Appeal: Changed Circumstances, Changed Minds, Judith Waksberg
Representing Children On Appeal: Changed Circumstances, Changed Minds, Judith Waksberg
The Journal of Appellate Practice and Process
No abstract provided.
Out Of The Strike Zone: Why Graham V. Florida Makes It Unconstitutional To Use Juvenile-Age Convictions As Strikes To Mandate Life Without Parole Under § 841(B)(1)(A), Christopher J. Walsh
Out Of The Strike Zone: Why Graham V. Florida Makes It Unconstitutional To Use Juvenile-Age Convictions As Strikes To Mandate Life Without Parole Under § 841(B)(1)(A), Christopher J. Walsh
American University Law Review
No abstract provided.
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti
Buffalo Public Interest Law Journal
No abstract provided.
Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny
Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny
San Diego Law Review
The media has recently been highlighting a rash of prosecutions of teenagers who engage in "sexting"--sending nude or sexually explicit images of themselves or their peers--under child pornography laws. These prosecutions have led to mass criticism for threatening teens with long prison terms and registration as sex offenders for activities that are perceived to be relatively innocent. Many, if not most, of these sexting teens are legally permitted to engage in sexual activities through their states' statutory rape laws, which leads to an absurd situation in which teens are permitted to engage in sex but not photograph it. This mismatch …
Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy
Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy
Seattle University Law Review
In the last five years, Americans have adopted nearly seventy thousand children from foreign countries. The trend of intercountry adoption, “the process by which a married couple or single individual of one country adopts a child from another country,” is representative of the new globalized world, where families are formed and dissolved beyond the bounds of national borders. Although intercountry adoption has enabled many adoptive parents to form loving families and provide caring living environments for countless children, intercountry adoption is not without its share of problems. Corruption and abuse, such as child trafficking, have in many cases marred the …
Why Do They Continue To Get The Worst Of Both Worlds? The Case For Providing Louisiana's Juveniles With The Right To A Jury In Delinquency Adjudications, Sandra M. Ko
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Preliminary Report On Race And Washington's Criminal Justice System, Task Force On Race And The Criminal Justice System
Preliminary Report On Race And Washington's Criminal Justice System, Task Force On Race And The Criminal Justice System
Seattle University Law Review
For this Report, the Research Working Group reviewed evidence on disproportionality in Washington’s criminal justice system and considered whether crime commission rates accounted for this disproportionality. We found that crime commission rates by race and ethnicity are largely unknown and perhaps unknowable, but that some researchers simply take arrest rates as good proxies for underlying commission rates for all crimes.We found that use of arrest rates likely overstates black crime commission rates for several reasons.68 But even if arrest rates are used as a proxy for underlying crime commission rates, the extent of racial disproportionality is not explained by commission …
Urgent Reform 'In The Name Of Our Children': Revamping The Role Of Disproportionate Minority Contact In Federal Juvenile Justice Legislation, Atasi Satpathy
Urgent Reform 'In The Name Of Our Children': Revamping The Role Of Disproportionate Minority Contact In Federal Juvenile Justice Legislation, Atasi Satpathy
Michigan Journal of Race and Law
Disproportionate minority contact ("DMC") has plagued the United States juvenile justice system for decades, but federal legislation has lacked the clarity and guidance to battle this affliction. A strong partnership must exist between state and federal entities in order to directly target DMC and thereby decrease the appallingly disproportionate number of minority children who come into contact with the juvenile justice system. This Note discusses the problem of DMC, identifies state and private efforts to combat the crisis, and indicates deficiencies in the Juvenile Justice and Delinquency Prevention Act as well as its reauthorization bill, S. 678. The Note urges …
International Child Abduction And Children's Rights: Two Means To The Same End, Eran Sthoeger
International Child Abduction And Children's Rights: Two Means To The Same End, Eran Sthoeger
Michigan Journal of International Law
The Hague Convention aims to deter future abductors and demonstrate mutual respect for the laws of its member states, while presumably serving the best interests of the child. It operates as a jurisdictional mechanism by reinstating the status quo prior to the removal through the prompt return of the child to his or her place of habitual residence. This return, as clearly stated in the Hague Convention itself, bears no effect on the merits of any existing or future custody dispute between the parents. The Hague Convention demands that contracting states respect past or future decisions pertaining to custody decided …
The Child Online Privacy Protection Act: The Relationship Between Constitutional Rights And The Protection Of Children, Sasha Grandison
The Child Online Privacy Protection Act: The Relationship Between Constitutional Rights And The Protection Of Children, Sasha Grandison
University of the District of Columbia Law Review
No abstract provided.
The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera
The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera
Pace Law Review
No abstract provided.
Where (In The World) Do Children Belong?, Annette Laquer Estin
Where (In The World) Do Children Belong?, Annette Laquer Estin
Brigham Young University Journal of Public Law
No abstract provided.
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
Brigham Young University Journal of Public Law
No abstract provided.
New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard
New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard
Brigham Young University Education and Law Journal
No abstract provided.
Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes
Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes
William & Mary Bill of Rights Journal
No abstract provided.
My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson
My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson
UIC John Marshall Journal of Information Technology & Privacy Law
This comment will discusses the problem posed by student speech made on the Internet, how free speech issues are generally addressed by courts, the Supreme Court cases that have specifically addressed the First Amendment rights of students, and factors that courts dealing with student speech made on the Internet have attempted to use in their decisions. The comment will further look at how courts have analyzed online student speech cases in light of available Supreme Court precedent, and will propose that the Court adopt a hybrid of the Tinker test when addressing student speech made on the Internet, which will …
Amy And Vicky's Cause: Perils Of The Federal Restitution Framework For Child Pornography Victims, Robert W. Jacques
Amy And Vicky's Cause: Perils Of The Federal Restitution Framework For Child Pornography Victims, Robert W. Jacques
Georgia Law Review
Child pornography is unique among violent crimes in at
least one aspect: victims are harmed not only from their
initial abuse but also from knowing that people on the
Internet continue to view the images. In recent years, a
split has arisen among federal courts on whether victims
of child pornography are entitled to restitution from non-
production offenders, i.e., offenders that were not involved
in the initial abuse of victims. The controversy has
surrounded 18 U.S.C. § 2259-the mandatory restitution
statute for sex offenses. While some courts find victim
harm not sufficiently traceable to the crimes at issue to …
Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011), Peter Follenweider
Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011), Peter Follenweider
UIC Law Review
No abstract provided.
Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava
Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava
UIC Law Review
No abstract provided.
When Sixteen Ain't So Sweet: Rethinking The Regulation Of Adolescent Sexuality, Nicole Phillis
When Sixteen Ain't So Sweet: Rethinking The Regulation Of Adolescent Sexuality, Nicole Phillis
Michigan Journal of Gender & Law
Legally speaking, sexual maturity poses a significant enough liberty interest for a minor to make medical decisions regarding contraceptive medicine or to choose motherhood without parental involvement, but not quite enough for her to obtain an abortion independently. The law incentivizes teenage motherhood by only granting decisional autonomy to those minors who choose to have a child; the minor female's right to procreate vests regardless of her individual maturity. The law discourages teenage abortions by using the choice to terminate a pregnancy to trigger a presumption of immaturity; the minor female's abortion right is pitted against personal autonomy via parental …
Masthead, Editors
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman
The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman
Indiana Journal of Global Legal Studies
The case of Flomo v. Firestone Natural Rubber Company involves child laborers' claims that labor practices on a Liberian rubber plantation violate international norms. Though the case was recently resolved in favor of the defendants at the district court level, the case's complicated procedural and substantive history offers insight into the viability of future child labor claims. This Note examines the Flomo case and explores how standards from the ATS and the United States Supreme Court case Sosa v. Alvarez-Machain apply to future plaintiffs' claims. This Note also analyzes the potential repercussions that plaintiffs face in using the ATS as …
Supporting The Florida Legal Community's Response To Graham V. Florida, Ilona P. Vila
Supporting The Florida Legal Community's Response To Graham V. Florida, Ilona P. Vila
Barry Law Review
No abstract provided.
Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, Leanne Palmer
Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, Leanne Palmer
Barry Law Review
No abstract provided.
Suicide Causation Experts In Teen Wrongful Death Claims: Will They Assist The Trier Of Fact?, 45 J. Marshall L. Rev. 51 (2011), Andrea Maciver
Suicide Causation Experts In Teen Wrongful Death Claims: Will They Assist The Trier Of Fact?, 45 J. Marshall L. Rev. 51 (2011), Andrea Maciver
UIC Law Review
No abstract provided.
Sex-Cells: Evaluating Punishments For Teen "Sexting" In Oklahoma And Beyond, John M. Krattiger
Sex-Cells: Evaluating Punishments For Teen "Sexting" In Oklahoma And Beyond, John M. Krattiger
Oklahoma Law Review
No abstract provided.
A Case Study In Tanzania: Police Round-Ups And Detention Of Street Children As A Substitute For Care And Protection, Sheryl L. Buske
A Case Study In Tanzania: Police Round-Ups And Detention Of Street Children As A Substitute For Care And Protection, Sheryl L. Buske
South Carolina Journal of International Law and Business
No abstract provided.
Integrating Education Advocacy Into Child Welfare Practice: Working Models, Jennifer N. Rosen Valverde, Cara Chambers, Megan Blamble Dho, Regina Schaefer
Integrating Education Advocacy Into Child Welfare Practice: Working Models, Jennifer N. Rosen Valverde, Cara Chambers, Megan Blamble Dho, Regina Schaefer
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Section 2259 Restitution Claims And Child Pornography Possession, Dina Mcleod
Section 2259 Restitution Claims And Child Pornography Possession, Dina Mcleod
Michigan Law Review
In 2009, a child pornography victim brought a criminal restitution claim against a defendant who possessed images of her abuse. The statutory provision authorizing restitution, 18 U.S.C. § 2259, had never before been used to bring a claim against a defendant who had only possessed, rather than produced or distributed, child pornography ("child pornography possession defendants"). The federal courts have not developed a consistent approach to resolving Section 2259 claims involving such defendants. This Note argues that two conceptions of traditional proximate cause doctrine can provide a framework for analyzing such claims. It examines Section 2259 claims using both a …