Law Commons^™

Reflections On The Juvenile Death Penalty: Contravention Of Precedent And Public Opinion, Kim A. Lechner

In the Public Interest

No abstract provided.

Offenders In Juvenile Court, 1993, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika

Law Faculty Articles and Essays

This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.

A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk

University of Michigan Journal of Law Reform

Recent studies by the U.S. Department of Justice have found that, while adult violent crime rates continue to drop, today's juvenile offenders are the fastest growing segment among violent criminals. The unprecedented increase in juvenile criminality is expected to result in a dramatic increase in the overall rate of violent crime as these juveniles approach majority. Funk argues that most states have not adapted to the troubling reality that the juvenile offenders of today are not the hubcap-stealing youths of days gone by, and that chronic adult criminality is predicated on violent and repeated acts of juvenile delinquency. These jurisdictions …

Curfew: An Answer To Juvenile Delinquency And Victimization?, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins

Washington and Lee Law Review

No abstract provided.

Conflicts Of Interests In The Representation Of Children, Nancy J. Moore

Faculty Scholarship

Conflicts of interests arise whenever the representation of a client may be materially limited by the lawyer's duties to either another client or a third person or by the interests of the lawyer herself.' Analyzing such conflicts typically requires identifying situations involving a potentially impermissible conflict, determining whether the conflict is consentable, and, if it is, obtaining consent after full disclosure.2 Conflicts analysis is difficult enough when the client is an adult.3 When the client is a child, however, the analysis is complicated by a number of factors. For example, in the wide variety of cases in which children (or …

Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison

Faculty Scholarship

No abstract provided.

Psychological Research On Children As Witnesses: Practical Implications For Forensic Interviews And Courtroom Testimony, John E.B. Myers, Karen J. Saywitz, Gail S. Goodman

McGeorge School of Law Scholarly Articles

No abstract provided.

A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.

Standards Of Appellate Review For Denial Of Counsel And Ineffective Assistance Of Counsel In Child Protection And Parental Severance Cases, William Wesley Patton

Loyola University Chicago Law Journal

No abstract provided.

The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle

Loyola University Chicago Law Journal

No abstract provided.

Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos

Loyola University Chicago Law Journal

No abstract provided.

Disclosing The Identities Of Juvenile Felons: Introducing Accountability To Juvenile Justice, Arthur R. Blum

Loyola University Chicago Law Journal

No abstract provided.

Subcommittee On Juvenile Justice: Summary Of Public Hearings, Assembly Committee On Public Safety

California Assembly

Summary of public hearings held on March 29, 1996, April 1, 1996, April 4, 1996.

Document includes: Reforming the Juvenile Justice System: The Prosecutor's Perspective on Juvenile Justice Reform, by the California District Attorneys Association (1996).

Summary Of Significant Juvenile Justice Assembly Bills Passed By The Public Safety Committee, Assembly Public Safety Committee, Subcommittee On Juvenile Justice

California Assembly

No abstract provided.

Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz

Michigan Journal of Gender & Law

Part I of this Article will discuss some of the legal difficulties associated with co-parenting and why lesbian couples have sought second-parent adoptions. Part II will examine the particular statutory obstacles to second-parent adoptions and then analyze the various ways courts in several states have overcome these obstacles. Finally, Part III will discuss the implications of these decisions in terms of their creation of legal and social norms.

Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field

Michigan Journal of Gender & Law

At issue is custody of three-and-a-half-year-old Maranda (date of birth: April 22, 1991). The trial court found that Maranda had an established custodial environment with her mother, Jennifer Ireland, but then nominally ordered custody changed to Steven Smith. The court's order changing custody was based on a determination that day care is an inappropriate choice for care of a preschool child, and that no one effectively can be a single parent and a student at the same time. Those findings have no factual basis in the record, no legal basis under Michigan law, and no logical or even common sense …

The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman

UIC John Marshall Journal of Information Technology & Privacy Law

This article addressed the constitutionality of the Child Pornography Prevention Act of 1995 (Hatch Bill) in regard to computer-generated child pornography. The Bill outlaws a visual depiction that is or appears to be of a minor engaging in sexually explicit conduct. The author claims the comments of David B. Johnson and John C. Scheller regarding the constitutionality of the Bill are analytically flawed because they focus on dicta from New York v. Ferber and Osborne v. Ohio. The author then engages in his own assessment of the Bill using a First Amendment approach and suggests what findings Congress should make …

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The past year has been exceptionally important for children and young people caught up in the legal system, both nationally and in Virginia. Beginning with the decision of the Supreme Court of the United States in Vernonia School District v. Acton in June of 1995, the ensuing year has seen major shifts in the administration of juvenile justice, and in Virginia's approach to abused and neglected children. The passage of major juvenile justice reform legislation and child abuse legislation in Virginia at the 1996 General Assembly session exemplifies these changes occurring in both the society's and the legal system's approaches …

Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer

University of Richmond Law Review

On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …

The Peculiar Place Of Adolescents In The Hiv-Aids Epidemic: Unusual Progress & Usual Inadequacies In "Adolescent Jurisprudence", Roger J.R. Levesque

Loyola University Chicago Law Journal

No abstract provided.

Making A Difference: The Attorney's Role As Child Advocate, Anne M. Burke Justice

Loyola University Chicago Law Journal

No abstract provided.

Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella

UIC Law Review

No abstract provided.

God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer

UIC Law Review

No abstract provided.

Similar Fact Evidence Of Child Sexual Abuse In English, United States, And Florida Law: A Comparative Study, Peter Mirfield

Florida State University Journal of Transnational Law & Policy

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse: Current Remedies And A Proposed Statute, Joel J. Finer

Law Faculty Articles and Essays

No issue in law and psychiatry has engendered such controversy as the current debate over whether experiences of childhood sexual abuse (CSA) are subject to repression for decades and eventually "recoverable" in therapy long after the event. One principal legal issue has been whether such "recovery" justifies the application of the "recent discovery" basis for tolling the statute of limitations, an issue which becomes significant when an adult psychotherapy patient sues her ostensible molester (often her father or other family member).

Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac

Law Faculty Articles and Essays

First, this Essay demonstrates that, because the "best interests" standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves.

Guardians: A Research Note, Chris Guthrie, Lawrence M. Friedman, Joanna L. Grossman

Vanderbilt Law School Faculty Publications

Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while dividing the world into those who are, and those who are not, sui juris-that is, fully capable of acting on their own. The boundaries between these two domains can be quite indistinct. Defining who is insane or incompetent can be especially problematic because these categories are socially and culturally variable. Most people committed in 1900, for example, would hardly be considered insane today; they …