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Articles 31 - 60 of 88
Full-Text Articles in Law
'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley
'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Although there are now laws on the books in virtually every jurisdiction aimed at addressing childhood obesity in K-12 schools, these efforts are inadequate and may even be misguided in important ways. Efforts aimed at health promotion - through healthier eating and increased physical activity - remain woefully underfunded even as they proliferate at every level of government. It is one thing to enact a requirement that all schools offer a minimum number of minutes of physical education each week or that school lunches include more fruits and vegetables. But it is quite another to make the budgetary commitment to …
Juries For Juveniles, Joseph E. Kennedy
The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz
The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz
Faculty Scholarship
No abstract provided.
The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg
The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg
Faculty Scholarship
This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …
Policing School Discipline, Catherine Y. Kim
Policing School Discipline, Catherine Y. Kim
Faculty Publications
No abstract provided.
Learning From The Master: Things Betty Thompson Taught Me, David Spratt
Learning From The Master: Things Betty Thompson Taught Me, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Faculty Scholarship
Legal and ethical regimes relating to adolescent medical decision making resemble what Judge Frank H. Easterbrook derisively called “the Law of the Horse”: Many laws deal with horses, he wrote, but there is no such field as “horse law.” Similarly, even though the United States has juvenile and family courts, as well as pediatric and adolescent medical departments, there is not a distinct field of “adolescent medical decision-making law” or ethics; there are just many disparate policies that implicate or impinge upon decisions made by adolescents. These include state laws ranging from those that permit minors to seek treatment for …
Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson
Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
This essay explores the intersections and tensions between international human rights law and international humanitarian law as those two doctrinal areas played out in the concrete situation of Omar Khadr, a Canadian child detainee at Guantanamo Bay. Particular focus is given to how issues regarding his youth were addressed by the many tribunals involved: in the multiple venues of courts in the United States and Canada, and in international human rights bodies. The issues on Omar’s youth span many contexts, raising judicial questions regarding the legality of his detention, his treatment and separation from adults while detained, jurisdiction to prosecute …
Dean's Column: Unchain The Children, Mary Berkheiser
Dean's Column: Unchain The Children, Mary Berkheiser
Scholarly Works
No abstract provided.
The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff
The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Support Of Non-Biological Children In Jewish Law, J. David Bleich
Support Of Non-Biological Children In Jewish Law, J. David Bleich
Articles
Adoption as a legal institution is unknown in Jewish law. Suppression of parental identity, as generally occurs in closed adoption, is banned “lest the earth become filled with licentiousness” (Leviticus 19:29). Rabbinic tradition interprets that verse as expressing concern regarding the possibility of a future incestuous marriage. Nevertheless, raising an orphan in one’s home is regarded as highly meritorious. However, binding obligations of support and maintenance can be undertaken only by means of contract. Such a contract in favor of a stepchild may be verbal if entered into at the time of marriage. Otherwise, a formal kinyan, i.e., one of …
Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks
Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks
College of Law Faculty Scholarship
Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: “If You Don’t Aim to Please, Don’t Dress to Tease,” and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer (Jennifer L. Greenblatt, 14 TEX. J. ON C.L. & C.R. 1 (2008)). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands. …
Renegotiating The Social Contract, Jennifer S. Hendricks
Renegotiating The Social Contract, Jennifer S. Hendricks
College of Law Faculty Scholarship
This essay reviews Maxine Eichner's new book, "The Supportive State: Families, Government, and America's Political Ideals." It highlights Eichner's important theoretical contributions to both liberal political theory and feminist theory, applauding her success in reforming liberalism to account for dependency, vulnerability, and families. The essay then considers some implications of Eichner's proposals and their likely reception among feminists. It concludes that "The Supportive State" is a sound and inspiring response to recent calls that feminist theory move from being strictly a school of criticism to developing a theory of governance.
Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser
Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser
Scholarly Works
In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …
Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik
Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik
Faculty Scholarship
After legislatures criminalized a major portion of juvenile delinquency in the 1980s and 1990s, large numbers of incarcerated youth began serving their sentences in adult correctional facilities. To understand the ramifications of this practice, prior research studies compared the correctional experiences of youth in juvenile and adult facilities. Yet this research often minimized the pains of imprisonment for youth in juvenile facilities, based on the contrast to adult facilities and the toxic conditions of confinement within them. In this Article, we contribute to this literature by analyzing data from interviews with 188 young men incarcerated in juvenile and adult facilities …
Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier
Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier
Law Student Publications
This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.
Losing Hold Of The Guiding Hand: Ineffective Assistance Of Counsel In Juvenile Delinquency Representation, Barbara A. Fedders
Losing Hold Of The Guiding Hand: Ineffective Assistance Of Counsel In Juvenile Delinquency Representation, Barbara A. Fedders
Faculty Publications
No abstract provided.
Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities -- How Senate Bill 585 Could Have Helped, Jillian Malizio
Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities -- How Senate Bill 585 Could Have Helped, Jillian Malizio
Law Student Publications
The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner’s right to “meaningful access” to the courts from both an adult and juvenile’s perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of “meaningful access” and shows …
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim
Faculty Publications
No abstract provided.
Fifty State Survey Of Juvenile Sex Offender Registration Statutes, Brenda V. Smith
Fifty State Survey Of Juvenile Sex Offender Registration Statutes, Brenda V. Smith
The Project on Addressing Prison Rape - Surveys
This publication is part of a larger scholarly project and one in a series that aims to create a “legal toolkit” for addressing sexual violence in custody. This chart collects statutes from the fifty states and territories that address registration of juvenile sex offenders. The chart lists: All registrable offenses; information maintained in the registry; the legal basis for juvenile sex offender registration; the duration of registration, community notification and website information; and limitations on residency or employment.
Sexting Or Self-Produced Child Pornography – The Dialogue Continues – Structured Prosecutorial Discretion Within A Multidisciplinary Response, Mary Graw Leary
Sexting Or Self-Produced Child Pornography – The Dialogue Continues – Structured Prosecutorial Discretion Within A Multidisciplinary Response, Mary Graw Leary
Scholarly Articles
One need only read the newspaper to see a rising dangerous phenomenon among juveniles: the creation and subsequent sharing via the Internet of sexually explicit photographs. This self exploitation is not only a tragic social problem, but a growing legal one as well. Judges, attorneys, and legislators, are forced to address this activity because, in addition to being self destructive, it is also a violation of state and federal child pornography laws. Juvenile self exploitation illustrates a clash of two lines of jurisprudence and public policy: the aggressive opposition to child pornography and the more lenient rehabilitative treatment of juvenile …
Defending Juveniles Facing Life Without Parole In Michigan, Kimberly A. Thomas
Defending Juveniles Facing Life Without Parole In Michigan, Kimberly A. Thomas
Articles
In Graham v. Florida, the United State Supreme Court held that life without parole could not be imposed on a juvenile offender for a non-homicide crime. This article discusses the challenges, under the Eighth Amendment and the Michigan Constitution, to the sentence of life without parole imposed on someone 17 years old or less.
2009 Survey Of Juvenile Law, Michael J. Dale
2009 Survey Of Juvenile Law, Michael J. Dale
Faculty Scholarship
No abstract provided.
Collateral Damage? Juvenile Snitches In America’S 'Wars' On Drugs, Crime And Gangs, Andrea L. Dennis
Collateral Damage? Juvenile Snitches In America’S 'Wars' On Drugs, Crime And Gangs, Andrea L. Dennis
Scholarly Works
The government’s use of children as informants in America’s 'wars' on drugs, crime, and gangs is little recognized and rarely discussed by scholars, policymakers, and the public. As with many governmental practices, only notorious instances make headlines, such as when a child is killed in retaliation for informing. Because public attention rarely is focused on the practice, it has not generated consistent documentation of, regulation of, or accountability for such use of child informants. As a starting point for discussion, this article illuminates the experiences of child informants, describing a facet of the snitching institution that generally operates under the …
2007-2008 Survey Of Juvenile Law, Michael J. Dale
2007-2008 Survey Of Juvenile Law, Michael J. Dale
Faculty Scholarship
No abstract provided.
Evolutionary Theory And Kinship Foster Care: An Initial Test Of Two Hypotheses, David J. Herring, Jeffrey J. Shook, Sara Goodkind, Kevin H. Kim
Evolutionary Theory And Kinship Foster Care: An Initial Test Of Two Hypotheses, David J. Herring, Jeffrey J. Shook, Sara Goodkind, Kevin H. Kim
Articles
Public child welfare systems increasingly rely on kin to serve as foster parents. This study tests two hypotheses concerning kinship foster care that have been formulated based on evolutionary theory and behavioral biology research. The first hypothesis is that on average foster children are likely to benefit from higher levels of parental investment and realize better outcomes if placed with kin rather than non-kin foster parents. The second hypothesis is that on average children in kinship foster care placements are likely to benefit from higher levels of parental investment and realize better outcomes if placed with some types of kin …
Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff
Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.
Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring
Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring
Articles
Public child welfare systems rely heavily on kin to serve as foster parents, requiring public actors to consider and choose among different types of available kin (e.g. maternal grandmothers, paternal grandfathers, matrilateral aunts). Behavioral biology researchers have been exploring kinship relationships and the expected level of investment in child care for different types of kin. This paper explains the relevance to kinship foster care of behavioral biology research on kinship relationships and expected levels of parental investment. This research allows for the development of a rank listing of second-degree kin in terms of their likely level of investment in a …
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding
Working Paper Series
The effects of gay and lesbian parenting on children has been the touchstone issue in much of the recent state litigation on same sex marriage, with opponents of same sex marriage arguing that there is a rational basis for denying marriage rights to gays and lesbians because the central purpose of marriage is procreation and childrearing, but that children are harmed or disadvantaged when raised by gay or lesbian parents. To interrogate this claim, I critique the social science research that informs the concerns frequently expressed about the possible negative effects of lesbigay parenting on children's emotional, psychosocial, and sexual …
2005-2006 Survey Of Florida Juvenile Law, Michael J. Dale
2005-2006 Survey Of Florida Juvenile Law, Michael J. Dale
Faculty Scholarship
No abstract provided.