Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 25 of 25
Full-Text Articles in Law
Legal Issues Involving Children, Robert E. Shepherd Jr.
Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch
Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch
University of Michigan Journal of Law Reform
The federal Supplemental Security Income (SSI) program provides cash benefits to financially needy persons who are 65 years of age or older, blind, or disabled. It also provides cash benefits to children with disabilities under the age of 18. This Article examines three sets of regulatory efforts to implement special disability standards for children, based first on the original SSI legislation, then on a seminal Supreme Court decision, and finally on amendments to the Social Security Act overruling the Court's decision, and shows how the "sequential evaluation process," which has been useful for adjudicating adult disability claims, has been a …
The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland
The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland
The Scholar: St. Mary's Law Review on Race and Social Justice
Wealth and property are not equally distributed in America, and these inequities are exacerbated by the American school system. The current school system is community-centered, meaning children living in poorer districts do not have access to the same level of education as children living in wealthier districts. The comment discusses the impact that budgeting decisions have on community perceptions and expectations, as well as how community favoritism plays a role in the education financing equation. Finally, the author proposes eliminating what is essentially an “educational caste system,” and discusses how to change the attitudes of society and alter the ways …
Crimes And Offenses Offenses Against Public Health And Morals: Change Certain Provisions Relating To Sexual Offenses, Pimping, And Sexual Battery; Include Depiction Of Any Portion Of A Minor's Body Part In The Prohibition Against Sexual Exploitation Of Children, Thomas Mihill
Georgia State University Law Review
The Act criminalizes transporting a person for the purpose of prostitution. It raises the punishment for sexual battery against a child under the age of 16 from a misdemeanor to a felony. It adds language criminalizing the depiction of a minor's body part engaged in any sexually explicit conduct. Finally, the Act substantially amends the Code language relating to computer pornography, obscene Internet contact with a child, and child exploitation prevention.
Waiving Goodbye: Incarcerating Waived Juveniles In Adult Correctional Facilities Will Not Reduce Crime, Ellie D. Shefi
Waiving Goodbye: Incarcerating Waived Juveniles In Adult Correctional Facilities Will Not Reduce Crime, Ellie D. Shefi
University of Michigan Journal of Law Reform
Incarcerating waived juveniles in adult correctional facilities does not reduce crime or result in increased public safety; incarcerating juveniles with adults is deleterious to both the individual offender and society. This Note argues for a renewed focus on rehabilitative rather than retributive justice, and in so doing, proposes the implementation of a comprehensive continuum of graduated sanctions that includes networks of small, secure, highly structured maximum-security juvenile facilities, wilderness camps, residential and non-residential community-based programs, restitution, and fines. This Note further advocates for the incorporation of extensive education, vocational training and placement, counseling, treatment, supervision, mentoring, transitional, aftercare, and support …
Introduction To The Symposium: The Relationship Rights Of Children
Introduction To The Symposium: The Relationship Rights Of Children
William & Mary Bill of Rights Journal
No abstract provided.
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
William & Mary Bill of Rights Journal
No abstract provided.
Children's Associational Rights?: Why Less Is More, Emily Buss
Children's Associational Rights?: Why Less Is More, Emily Buss
William & Mary Bill of Rights Journal
No abstract provided.
The Modest Promise Of Children's Relationship Rights, David D. Meyer
The Modest Promise Of Children's Relationship Rights, David D. Meyer
William & Mary Bill of Rights Journal
No abstract provided.
The Children's Internet Protection Act: A Denial Of A Student's Opportunity To Learn In A Technology-Rich Environment, Michael J. Brown
The Children's Internet Protection Act: A Denial Of A Student's Opportunity To Learn In A Technology-Rich Environment, Michael J. Brown
Georgia State University Law Review
No abstract provided.
No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander
No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander
The Scholar: St. Mary's Law Review on Race and Social Justice
In Texas, the State has to show sexual penetration occurred in order to convict a perpetrator of a first degree felony of aggravated sexual assault when the victim is under fourteen years of age. However, sexual assault victims between the ages of fourteen and sixteen years old must show that serious bodily injury occurred as a result of force in order to get a charge of aggravated sexual assault. As a result, the State can only charge perpetrators who sexually abuse family members between fourteen and sixteen years of age with sexual assault, which carries a lower penalty. This comment …
The Protection Of Children’S Rights And The United Nations Convention On The Rights Of The Child: Achievements And Challenges, Jaap E. Doek
The Protection Of Children’S Rights And The United Nations Convention On The Rights Of The Child: Achievements And Challenges, Jaap E. Doek
Saint Louis University Public Law Review
No abstract provided.
“More Than Their Share Of Sorrows”: International Migration Law And The Rights Of Children, Jacqueline Bhabha
“More Than Their Share Of Sorrows”: International Migration Law And The Rights Of Children, Jacqueline Bhabha
Saint Louis University Public Law Review
No abstract provided.
Lost Boys And Forgotten Girls: Intercountry Adoption, Human Rights, And African Children, Barbara Stark
Lost Boys And Forgotten Girls: Intercountry Adoption, Human Rights, And African Children, Barbara Stark
Saint Louis University Public Law Review
No abstract provided.
Separated Children In Mass Migration: Causes And Cures, Daniel J. Steinbock
Separated Children In Mass Migration: Causes And Cures, Daniel J. Steinbock
Saint Louis University Public Law Review
No abstract provided.
Economic Exploitation Of Children: A European Perspective, Ursula Kilkelly
Economic Exploitation Of Children: A European Perspective, Ursula Kilkelly
Saint Louis University Public Law Review
No abstract provided.
Protection Of Children From Education In Hatred And Violence, James A.R. Nafziger
Protection Of Children From Education In Hatred And Violence, James A.R. Nafziger
Saint Louis University Public Law Review
No abstract provided.
Children On The Front Lines Of An Ideological War: The Differing Values Of Differing Values, A. Scott Loveless
Children On The Front Lines Of An Ideological War: The Differing Values Of Differing Values, A. Scott Loveless
Saint Louis University Public Law Review
No abstract provided.
Child Protection Units In The Philippines: Utilizing International And National Law To Provide Comprehensive Services To Abused Children, Tracy Reynolds
Child Protection Units In The Philippines: Utilizing International And National Law To Provide Comprehensive Services To Abused Children, Tracy Reynolds
Saint Louis University Public Law Review
No abstract provided.
2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice, Moirah Sanchez, Carlos Hurtado, Anneliese Fleckenstein, Jose Gregorio Rojas
2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice, Moirah Sanchez, Carlos Hurtado, Anneliese Fleckenstein, Jose Gregorio Rojas
ILSA Journal of International & Comparative Law
This dispute arises from the Dysfuntian civil war between Restonian and Cascadian militias, resulting in the creation of Reston (Respondent)-a developing State-and Cascadia (not party to the case).
From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton
From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton
Michigan Journal of Gender & Law
In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV …
Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry
Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry
Michigan Journal of Race and Law
Review of The Ethics of Transracial Adoption by Hawley Fogg-Davis
Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick
Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick
Michigan Journal of International Law
The author will focus on three legal instruments: (1) the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (the Trafficking Protocol); (2) the Victims of Trafficking and Violence Protection Act (VTVPA), enacted by the U.S. Congress in 2000; and (3) the regulations issued in 2002 by the U.S. Department of Justice to implement the T visa for trafficking victims. The U.S. response to trafficking illustrates the difficulties faced by human rights advocates in source, transit, and destination countries to insure that anti-trafficking and other migration …
Best Interests Equals Zealous Advocacy: A Not So Radical View Of Holistic Representation For Children Accused Of Crime, Ellen Marrus
Best Interests Equals Zealous Advocacy: A Not So Radical View Of Holistic Representation For Children Accused Of Crime, Ellen Marrus
Maryland Law Review
No abstract provided.
Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty
Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty
Fordham Urban Law Journal
A review of available statistical information shows the irreversible and detrimental impact on parents and children of family separation due to imprisonment. Specifically, it looks to data on parental incarceration, the impact of incarceration upon families, and the difficulties of remedying the consequences to families of parental incarceration. Finally, the Article argues that alternatives to imprisonment should be used where the parent is not subject to high security confinement and that the parental role should be a relevant factor in sentencing.