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Articles 1 - 6 of 6
Full-Text Articles in Law
Scientific Research With Children: Legal Incapacity And Proxy Consent, Leonard H. Glantz, George J. Annas, Barbara Katz
Scientific Research With Children: Legal Incapacity And Proxy Consent, Leonard H. Glantz, George J. Annas, Barbara Katz
Faculty Scholarship
Before an investigator can use any person as a subject in biomedical or behavioral research, he must obtain that person's informed consent. This consent must be voluntary, competent, and understanding.1 There are two questions that arise in regard to experimentation on children. First, is a child legally capable of giving an informed and understanding consent? Second, do parents have the legal capacity to consent to the performance of research on their children? This article will attempt to answer both of these questions.
Prohibiting Nonaccess Testimony By Spouses: Does Lord Mansfield's Rule Protect Illegitimates?, Michigan Law Review
Prohibiting Nonaccess Testimony By Spouses: Does Lord Mansfield's Rule Protect Illegitimates?, Michigan Law Review
Michigan Law Review
Not surprisingly, there has been widespread disagreement concerning the validity of the policies advanced in support of Lord Mansfield's Rule and the efficacy of the rule to promote those policies. This Note assesses the validity of this rule of evidence in order to determine whether it is the most appropriate method of safeguarding the interests affected by the litigation of legitimacy. First, the historical development and justifications for Lord Mansfield's Rule are identified, and, in section II, the extent of the current acceptance of the rule in the United States is delineated. Section III analyzes traditional arguments advanced in support …
Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers
Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers
Articles
Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …
Illegitimates And Equal Protection, David Hallissey
Illegitimates And Equal Protection, David Hallissey
University of Michigan Journal of Law Reform
Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.
The Role Of The Concept Of Responsibility In Juvenile Delinquency Proceedings, Francis Barry Mccarthy
The Role Of The Concept Of Responsibility In Juvenile Delinquency Proceedings, Francis Barry Mccarthy
University of Michigan Journal of Law Reform
The exclusive focus of this article is upon proceedings in which delinquency is· determined, even though the juvenile court generally possesses a broad jurisdiction which covers a variety of matters other than delinquency. There is, however, a fundamental difference between delinquency proceedings and those involving dependency, neglect, or some other domestic problems. These latter proceedings attempt to resolve matters usually concerned with the whole fabric of a family situation and the problems involved therein. A delinquency proceeding, by contrast, has as its primary jurisdictional base the actions of the child. It is quite possible that a child who is engaging …
Note: Child Abuse And Maltreatment: The Development Of New York's Child Protection Laws, Iris Ann Albstein
Note: Child Abuse And Maltreatment: The Development Of New York's Child Protection Laws, Iris Ann Albstein
Fordham Urban Law Journal
Each year over 200,000 children in the United States are abused or neglected by their parents. While many of these children are very young and come from poor families, children of every age and income bracket are victimized. In the early 1960s the federal government took some affirmative action by amending the Social Security Act to provide funds for the states in order to establish comprehensive child welfare services for children receiving substandard care. Until recently the states had done little to help these children. Each state now has laws offering protection and services to abused and neglected children. New …