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- Loyola Marymount University and Loyola Law School (1)
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- Life of the Law School (1993- ) (6)
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Articles 1 - 28 of 28
Full-Text Articles in Law
Law School News: Rooted In Commitment: Geovanny Amaya L'24, Michelle Choate
Law School News: Rooted In Commitment: Geovanny Amaya L'24, Michelle Choate
Life of the Law School (1993- )
No abstract provided.
“Incorrigibility Is Inconsistent With Youth”: The Supreme Court’S Missed Opportunity To Cure The Contradiction Implicit In Discretionary Jlwop Sentencing, Ana Ionescu
University of Miami Law Review
The juvenile life without parole (“JLWOP”) caselaw is based in part on the science underlying adolescent brain development. Numerous research studies have examined the behaviors and brain processes of adolescents. Courts have relied on these findings in reaching some of its most important decisions affecting juveniles implicated in the criminal justice system. The latest of those decisions came in 2021 with the Jones v. Mississippi case before the United States Supreme Court. The Court held that a sentencing court is not required to make a specific finding of permanent incorrigibility before sentencing the juvenile defendant to life without parole. This …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law
Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Analyzing Wrongful Convictions Beyond The Traditional Canonical List Of Errors, For Enduring Structural And Sociological Attributes, (Juveniles, Racism, Adversary System, Policing Policies), Leona D. Jochnowitz, Tonya Kendall
Analyzing Wrongful Convictions Beyond The Traditional Canonical List Of Errors, For Enduring Structural And Sociological Attributes, (Juveniles, Racism, Adversary System, Policing Policies), Leona D. Jochnowitz, Tonya Kendall
Touro Law Review
Researchers identify possible structural causes for wrongful convictions: racism, justice system culture, adversary system, plea bargaining, media, juvenile and mentally impaired accused, and wars on drugs and crime. They indicate that unless the root causes of conviction error are identified, the routine explanations of error (e.g., eyewitness identifications; false confessions) will continue to re-occur. Identifying structural problems may help to prevent future wrongful convictions. The research involves the coding of archival data from the Innocence Project for seventeen cases, including the one for the Central Park Five exonerees. The data were coded by Hartwick College and Northern Vermont University students …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney
Life of the Law School (1993- )
No abstract provided.
The Evolution Of Juvenile Justice From The Book Of Leviticus To Parens Patriae: The Next Step After In Re Gault, Donald E. Mcinnis, Shannon Cullen, Julia Schon
The Evolution Of Juvenile Justice From The Book Of Leviticus To Parens Patriae: The Next Step After In Re Gault, Donald E. Mcinnis, Shannon Cullen, Julia Schon
Loyola of Los Angeles Law Review
Since the arrival of the Pilgrims, American jurisprudence has known that its law-breaking children must be treated differently than adults. How children are treated by the law raises ethical and constitutional issues. This Article questions the current approach, which applies adult due process protections to children who are unable to fully understand their constitutional rights and the consequences of waiving those rights. The authors propose new Miranda warnings and a Bill of Rights for Children to protect children and their constitutional right to due process under the law.
Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk
Northwestern Journal of Law & Social Policy
Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick
Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Overawed And Overwhelmed: Juvenile Miranda Incomprehension, Sara P. Cressey
Overawed And Overwhelmed: Juvenile Miranda Incomprehension, Sara P. Cressey
Maine Law Review
Each year approximately one million juveniles in the United States are arrested and read the Miranda warnings. Though studies have shown that the majority of those children do not understand the warnings, most of them must decide alone whether to waive their constitutional rights— and nearly all ultimately make that choice without the help of an attorney. The Supreme Court has recognized that children differ from adults in critical ways, and those differences have important implications for juveniles’ ability to meaningfully waive their Miranda rights. To ensure that juveniles’ constitutional rights are protected, the Supreme Court should take up the …
Alternative Spring Break 2018 Report, Roger Williams University School Of Law
Alternative Spring Break 2018 Report, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig
Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig
Journal Articles
While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and gender …
Disrupting The Path From Childhood Trauma To Juvenile Justice: An Upstream Health And Justice Approach, Yael Cannon, Andrew Hsi
Disrupting The Path From Childhood Trauma To Juvenile Justice: An Upstream Health And Justice Approach, Yael Cannon, Andrew Hsi
Georgetown Law Faculty Publications and Other Works
A groundbreaking public health study funded by the U.S. Centers for Disease Control and Prevention (CDC) and the Kaiser Foundation found astoundingly high rates of childhood trauma, including experiences like abuse, neglect, parental substance abuse, mental illness, and incarceration. Hundreds of follow-up studies have revealed that multiple traumatic adverse childhood experiences (or “ACEs”) make it far more likely that a person will have poor mental health outcomes in adulthood, such as higher rates of depression, anxiety, suicide attempts, and substance abuse. Interestingly, the original ACE Study examined a largely middle-class adult population living in San Diego, but subsequent follow-up studies …
A Victims’ Family Member On Juvenile Life Without Parole Sentences: “Brutal Finality” And Unfinished Souls, Jeanne Bishop
A Victims’ Family Member On Juvenile Life Without Parole Sentences: “Brutal Finality” And Unfinished Souls, Jeanne Bishop
DePaul Journal for Social Justice
No abstract provided.
America's Disposable Youth: Undocumented Delinquent Juveniles, Karla M. Mckanders
America's Disposable Youth: Undocumented Delinquent Juveniles, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
Through discriminatory rhetoric state and local officials construct delinquent juvenile immigrant youth as the embodiment of a threat to public safety and American values. Accordingly, alleged delinquent undocumented immigrant children who have spent the majority of their lives in the United States, are subjected to discrimination and exclusionary practices, which enable lessened protections under the law. This article critically analyzes how undocumented delinquent youth, mainly Latino males, are constructed through the various narratives of immigrant children that are perpetuated by the media and policymakers, and how this impacts their treatment within the juvenile justice and immigration systems. Central to this …
Alternative Spring Break 2015 Report, Roger Williams University School Of Law, Association For Public Interest Law
Alternative Spring Break 2015 Report, Roger Williams University School Of Law, Association For Public Interest Law
School of Law Conferences, Lectures & Events
No abstract provided.
Kids Can Change: Reforming South Dakota’S Juvenile Transfer Law To Rehabilitate Children And Protect Public Safety, Wendy Hess
Wendy Hess
South Dakota, like many other states, permits adult criminal prosecution, sentencing, and imprisonment of certain minors who commit a crime. The mechanism which allows prosecution of a child as an adult is referred to as “juvenile transfer,” because the juvenile court’s jurisdiction over the child is transferred to the adult criminal court. The article discusses how the juvenile transfer mechanism developed — both generally and in South Dakota — as well as how it operates today. The author summarizes research findings about the efficacy and fairness of juvenile transfer. Harsh criminal consequences for juveniles are increasingly disfavored as we learn …
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze
St. Mary's Law Journal
The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …
Reflections On Juvenile Justice Reform In New York, Jeremy Travis
Reflections On Juvenile Justice Reform In New York, Jeremy Travis
NYLS Law Review
No abstract provided.
Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye
Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye
NYLS Law Review
No abstract provided.
Reducing Juvenile Detention: Notes From An Experiment On Staten Island, Nancy L. Fishman
Reducing Juvenile Detention: Notes From An Experiment On Staten Island, Nancy L. Fishman
NYLS Law Review
No abstract provided.
Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck
Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck
NYLS Law Review
No abstract provided.
Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer
Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer
NYLS Law Review
No abstract provided.
A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg
A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg
Law Faculty Scholarship
Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit attention-grabbing, events. Specifically, the article examines the impact of a 1995 change in New Hampshire state law that lowered the age …
Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson
Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson
St. Mary's Law Journal
This Article deals with the admissible evidence during the punishment phase of a non-capital trial in Texas. In 1989, the Texas Legislature amended Article 37.07, Section 3(a) of the Texas Code of Criminal Procedure to widen the scope of evidence admissible during the punishment phase of a non-capital trial. Grunsfel v. State, the leading case, the Court of Criminal Appeals interpreted the statute so narrowly as to render the changes meaningless. In 1993, the legislature amended the statute a second time; it provided for a more expansive range of evidence to be introduced, but deleted a critical definition of what …
A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey
A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey
St. Mary's Law Journal
The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …