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Articles 1 - 21 of 21
Full-Text Articles in Law
Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives
Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 2879. Photocopy of decision of Kentucky Court of Appeals in Danaher v. Hopkins, rendered on 24 October 2014. The court rules on an appeal from the Warren Circuit Court regarding custody of the child of the parties in the case.
Protecting Students From Abuse: Public School District Liability For Student Sexual Abuse Under State Child Abuse Reporting Laws, Jason P. Nance, Philip T.K. Daniel
Protecting Students From Abuse: Public School District Liability For Student Sexual Abuse Under State Child Abuse Reporting Laws, Jason P. Nance, Philip T.K. Daniel
Jason P. Nance
Virtually all courts recognize that a child abuse reporting statute creates a duty to children, the breach of which is the basis of a civil suit for damages. Normally, courts recognize a duty only to the minor child about whom school officials have received the abuse reports. In 2004, the Supreme Court of Ohio extended this duty to third party student victims. Thus, causes of action may now be brought against school districts when a school employee abuses one student, school officials fail to report the abuse, and the same employee abuses a different student. Public school students who are …
Victims Of Substantiated Child Abuse: Missouri’S New Reasonably Ascertainable Creditors, Alice Haseltine
Victims Of Substantiated Child Abuse: Missouri’S New Reasonably Ascertainable Creditors, Alice Haseltine
Missouri Law Review
A recent decision from the Supreme Court of Missouri, In re Austin, held that victims of substantiated child abuse are reasonably ascertainable creditors. The practical effect of Austin is to afford victims of substantiated child abuse an extra six months to file claims against the estate of his or her abuser. While this decision is a small victory for victims of sexual abuse, the facts in Austin raise controversial questions about whether the unique circumstances surrounding claims of childhood sexual abuse warrant an exception to the one-year claim bar against a decedent’s estate. This Note begins with an exploration of …
5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon
5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon
Thomas D. Lyon
No abstract provided.
40. Question Types, Responsiveness And Self-Contradictions When Prosecutors And Defense Attorneys Question Alleged Victims Of Child Sexual Abuse, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon
40. Question Types, Responsiveness And Self-Contradictions When Prosecutors And Defense Attorneys Question Alleged Victims Of Child Sexual Abuse, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon
Thomas D. Lyon
39. Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia N. Stolzenberg, Kang Lee, Thomas D. Lyon
39. Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia N. Stolzenberg, Kang Lee, Thomas D. Lyon
Thomas D. Lyon
Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.
Summary Of Major V. State, 130 Nev. Adv. Op. 70, Christian Spaulding
Summary Of Major V. State, 130 Nev. Adv. Op. 70, Christian Spaulding
Nevada Supreme Court Summaries
In a child abuse case, where a family court has previously imposed an obligation on the defendant for the costs of supporting a child placed in the care of social services, the Supreme Court of Nevada determined the district court has jurisdiction to grant restitution to the State for the cost of such child care but must be offset the restitution amount by the amount of the support obligation imposed by the family court.
38. Social And Cognitive Factors Associated With Children's Secret-Keeping For A Parent., Heidi M. Gordon, Thomas D. Lyon, Kang Lee
38. Social And Cognitive Factors Associated With Children's Secret-Keeping For A Parent., Heidi M. Gordon, Thomas D. Lyon, Kang Lee
Thomas D. Lyon
Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater
Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater
Leigh S. Goodmark
This book is designed for communities seeking to develop interventions that will improve their responses to families suffering both domestic violence and child maltreatment.
37. Attorneys' Questions And Children's Productivity In Child Sexual Abuse Criminal Trials., J. Zoe Klemfuss, Jodi A. Quas, Thomas D. Lyon
37. Attorneys' Questions And Children's Productivity In Child Sexual Abuse Criminal Trials., J. Zoe Klemfuss, Jodi A. Quas, Thomas D. Lyon
Thomas D. Lyon
36. Evidence Summarized In Attorneys' Closing Arguments Predicts Acquittals In Criminal Trials Of Child Sexual Abuse., Stacia N. Stolzenberg, Thomas D. Lyon
36. Evidence Summarized In Attorneys' Closing Arguments Predicts Acquittals In Criminal Trials Of Child Sexual Abuse., Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
35. Interviewing Children., Thomas D. Lyon
35. Interviewing Children., Thomas D. Lyon
Thomas D. Lyon
34. Disclosure Suspicion Bias And Abuse Disclosure: Comparisons Between Sexual And Physical Abuse., Elizabeth B. Rush, Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas
34. Disclosure Suspicion Bias And Abuse Disclosure: Comparisons Between Sexual And Physical Abuse., Elizabeth B. Rush, Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas
Thomas D. Lyon
9. Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications., Thomas D. Lyon, Stacia N. Stolzenberg
9. Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications., Thomas D. Lyon, Stacia N. Stolzenberg
Thomas D. Lyon
Virtual Currencies: Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence J. Trautman
Virtual Currencies: Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence J. Trautman
Lawrence J. Trautman Sr.
During 2013, the U.S. Treasury Department evoked the first use of the 2001 Patriot Act to exclude virtual currency provider Liberty Reserve from the U.S. financial system. This article will discuss: the regulation of virtual currencies; cybercrimes and payment systems; darknets, Tor and the “deep web;” Bitcoin; Liberty Reserve; Silk Road and Mt. Gox. Virtual currencies have quickly become a reality, gaining significant traction in a very short period of time, and are evolving rapidly. Virtual currencies present particularly difficult law enforcement challenges because of their: ability to transcend national borders in the fraction of a second; unique jurisdictional issues; …
33. Disclosing Adult Wrongdoing: Maltreated And Non-Maltreated Children’S Expectations And Preferences., Lindsay C. Malloy, Jodi A. Quas, Thomas D. Lyon, Elizabeth C. Ahern
33. Disclosing Adult Wrongdoing: Maltreated And Non-Maltreated Children’S Expectations And Preferences., Lindsay C. Malloy, Jodi A. Quas, Thomas D. Lyon, Elizabeth C. Ahern
Thomas D. Lyon
Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy
Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy
McNair Poster Presentations
This research explores whether commercially sexually exploited children (CSEC) abuse drugs or face greater histories of abuse than their delinquent peers. This research will evaluate whether girls who are CSEC victims experience more abuse of drugs or experience more physical, emotional, or sexual abuse. The study also explores whether CSEC victims witnessed more abuse than non-CSEC victims. A survey of needs and issues facing delinquent girls was given to 130 girls between the ages of 13 to 18. Questions asked about their drug use, abuse history, and whether they witnessed abuse. This research found that many girls who are CSEC …
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Law Faculty Publications
Part I of this Article traces the history of child abuse reporting hotlines. Part II describes the current law and practice behind child abuse reporting hotlines. Part III examines why anonymous reporting by the public is unnecessary and highly susceptible to abuse. Part IV analyzes the constitutional rights at stake in anonymous reporting, citing federal case law that contradicts current practice. Part V concludes with a proposal to abolish anonymous reporting and require all public reporting hotlines to adhere to published, written policies.
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Articles
Child maltreatment (CM) reporting laws and policies have an important role in the identification, treatment, and prevention of CM in the United States (U.S. Department of Health and Human Services [US DHHS], 2012). Abuse by a member of the clergy “is not only a personal and emotional betrayal, but [also] a spiritual betrayal, with secrecy amplified by the unprecedented and systemic cover-up committed by the Church hierarchy” (Coyne, 2011, p. 15). Recent controversies have resulted in the consideration of changes in mandated U.S. reporting laws that include increasing requirements for clergy and extension to additional professions (Freeh, Sporkin, & Sullivan, …
In Re Sanders And The Resurrection Of Stanley V. Illinois, Joshua Gupta-Kagan
In Re Sanders And The Resurrection Of Stanley V. Illinois, Joshua Gupta-Kagan
Faculty Scholarship
This Essay begins by reviewing Stanley v. Illinois, and outlines how that foundational case originally recognized parental rights in foster care cases yet became understood primarily as a private adoption case. Second, it explains how, simultaneously, family courts developed the One-Parent Doctrine and a related doctrine making it difficult to transfer custody of a child from an abusive or neglectful parent in one state to a non-offending parent in another. Both doctrines violate Stanley by allowing the State to take custody of children without ever proving parental unfitness. Cases adopting these doctrines literally ignore Stanley. Third, this Essay …