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Juvenile Law Commons™

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Journal

1985

Articles 1 - 8 of 8

Full-Text Articles in Juvenile Law

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth Nov 1985

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth

Michigan Law Review

This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …

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House Of Judah: The Problem Of Child Abuse And Neglect In Communes And Cults, Gregory M. Gochanour Jun 1985

House Of Judah: The Problem Of Child Abuse And Neglect In Communes And Cults, Gregory M. Gochanour

University of Michigan Journal of Law Reform

This Note argues that although some modifications were appropriate, state intervention and removal of children, even from a commune or cult, should be handled through examination of each individual parent/child relationship. Part I examines the statutory and case law framework for state intervention and removal of children from the custody of abusive parents in Michigan, and discusses the policies supporting these laws. Part II examines the circumstances present in the House of Judah and notes the state's departures from the statutes and rules. Part III analyzes and evaluates the usefulness and wisdom of these departures. Finally, Part IV briefly proposes …

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Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow Jun 1985

Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow

University of Michigan Journal of Law Reform

Newspapers and broadcasters gave major billing to the story. Headlines announced: "The Life or Death Question of Baby Doe;" and "Baby Doe's Parents Call U.S. Action Intimidating." The medical care decisions about this infant born with spina bifida, microcephaly, and other severe disabilities, not only attracted mass media attention, but also led to both state and federal court proceedings. Legislative hearings raised the issue of her care. Many commentators debated what should happen to this infant of Long Island parents. This article instead will ask: what was all the attention about?; why are cases like this so riveting?; and might …

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Exclusion Of Families With Children From Housing, George Palmer Schober Jun 1985

Exclusion Of Families With Children From Housing, George Palmer Schober

University of Michigan Journal of Law Reform

This Note attempts to resolve the most significant problems raised by discrimination against children in housing. Part I briefly analyzes the prevalence of child exclusion in different types of housing. It also provides a statistical analysis of the rental housing market to enable the reader to gauge the extent of the problem in one type of housing. Part II discusses policy arguments supporting both those who seek to exclude children and those who advocate government policies forbidding exclusion. Part III then examines the various approaches that states have adopted in this area, as well as federal implications of the issue. …

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Around And Around On Pennsylvania's Juvenile Confession Carousel: This Time The Police Get The Brass Ring, Paula D. Shaffner Jan 1985

Around And Around On Pennsylvania's Juvenile Confession Carousel: This Time The Police Get The Brass Ring, Paula D. Shaffner

Villanova Law Review

No abstract provided.

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Schall V. Martin: Preventive Detention And Dangerousness Through The Looking Glass, Charles Patrick Ewing Jan 1985

Schall V. Martin: Preventive Detention And Dangerousness Through The Looking Glass, Charles Patrick Ewing

Buffalo Law Review

No abstract provided.

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Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1985

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

This section focuses on Virginia and federal developments affecting children from January 1984 through June 1985. The discussion will concentrate on legal developments impacting on juvenile delinquency; abused, neglected and missing children; paternity; child support; and the problems of educationally disadvantaged and handicapped children. Child custody developments are addressed in the section on Domestic Relations.

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Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt Jan 1985

Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt

Seattle University Law Review

The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …

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