Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Juvenile Law
A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts, Wyatt Fore
A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts, Wyatt Fore
Michigan Journal of Gender & Law
Led by California and New Jersey, states have begun to ban Sexual Orientation Change Efforts (SOCE) for minors. States have targeted SOCE, also called ‘gay conversion therapy,’ by regulating state licensure requirements for mental health professionals. Conservative legal groups have challenged these bans in federal court, alleging a variety of constitutional violations sounding in the First and Fourteenth Amendments. More specifically, these legal groups propose theories claiming that the bans infringe upon individuals’ freedom of speech, free exercise, and parental rights. In this Note, I survey the history of these bans, as well as court decisions that have rejected constitutional …
When Sixteen Ain't So Sweet: Rethinking The Regulation Of Adolescent Sexuality, Nicole Phillis
When Sixteen Ain't So Sweet: Rethinking The Regulation Of Adolescent Sexuality, Nicole Phillis
Michigan Journal of Gender & Law
Legally speaking, sexual maturity poses a significant enough liberty interest for a minor to make medical decisions regarding contraceptive medicine or to choose motherhood without parental involvement, but not quite enough for her to obtain an abortion independently. The law incentivizes teenage motherhood by only granting decisional autonomy to those minors who choose to have a child; the minor female's right to procreate vests regardless of her individual maturity. The law discourages teenage abortions by using the choice to terminate a pregnancy to trigger a presumption of immaturity; the minor female's abortion right is pitted against personal autonomy via parental …
Sex Education And Rape, Michelle J. Anderson
Sex Education And Rape, Michelle J. Anderson
Michigan Journal of Gender & Law
In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …
The Failure Of Sexting Criminalization: A Plea For The Exercise Of Prosecutorial Restraint, Robert H. Wood
The Failure Of Sexting Criminalization: A Plea For The Exercise Of Prosecutorial Restraint, Robert H. Wood
Michigan Telecommunications & Technology Law Review
The purpose of this Essay is to explore the various legal approaches to the sexting phenomenon through an analysis of a decision by the United States District Court for the Middle District of Pennsylvania, which granted a temporary restraining order enjoining the prosecution of sexting teens on constitutional grounds, and an examination of current and pending legislative attempts to deal with the sexting phenomenon. Section I describes the facts leading up to the district court decision and its subsequent holding. Section II examines the approaches to sexting prosecution and legislation taken by other states. Section III analyzes the legal issues …
Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger
Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger
University of Michigan Journal of Law Reform
This article examines whether the constitutional right of parents to determine what is best for their children prevents the state from permitting minors access to contraceptives without notifying their parents. Part I examines the effect of the presence or absence of a notice requirement upon the interests of parents, minors, and the state. Part II reviews the development of the constitutional right of privacy and the impact of parental rights and state interests on the extension of privacy rights to minors. Part III considers the manner in which the interests of minors, parents, and the state should be balanced. The …