Juvenile Law Commons^™

Response To Emily Buss's The Parental Rights Of Minors, Anonymous

Buffalo Law Review

No abstract provided.

A Proposal To Bring The Becca Bill's Runaway-Detention Provisions Into Compliance With Juveniles' Procedural Due Process Rights, Carrie A. Tracy

Washington Law Review

The Becca Bill, enacted in Washington State in 1995, changed the way Washington treats runaway juveniles. The Bill creates a series of secure crisis residential centers and authorizes law enforcement officers to take juvenile runaways into custody and place them in these secure facilities. The facilities must keep the admitted juveniles for at least twenty-four hours but no more than five days. This Comment argues that the Becca Bill, which provides no judicial review of the commitment to detention, violates the procedural due process requirements of Washington and U.S. constitutions. While courts have extended procedural due process protection to juveniles' …

Dred Scott's Daughters: Nineteenth Century Urban Girls At The Intersection Of Race And Patriarchy, Barbara Bennett Woodhouse

Buffalo Law Review

No abstract provided.

The Institutionalization Of Female Deliquency, Katherine Hunt Federle

Buffalo Law Review

No abstract provided.

Response To The Urban Girls Conference April 14-15, 2000, Sahara Walsh

Buffalo Law Review

No abstract provided.

No Discretion, Heightened Tension: The Tale Of The Adoption And Safe Families Act In New York State, Sean D. Ronan

Buffalo Law Review

No abstract provided.

Introduction Urban Girls Conference April 14-15, 2000, Susan Vivian Mangold

Buffalo Law Review

No abstract provided.

Regulating Consensual Sex With Minors: Defining A Role For Statutory Rape, Michelle Oberman

Buffalo Law Review

No abstract provided.

The Parental Rights Of Minors, Emily Buss

Buffalo Law Review

No abstract provided.

Extending Non-Exclusive Parenting And The Right To Protection For Older Foster Children: Creating Third Options In Permanency Planning, Susan Vivian Mangold

Buffalo Law Review

No abstract provided.

Entangled In The Shadows: Girls In The Juvenile Justice System, Cindy S. Lederman, Eileen Nexer Brown

Buffalo Law Review

No abstract provided.

Response To Michelle Oberman's Regulating Consensual Sex With Minors: Defining A Role For Statutory Rape, Elvira Dzurlic

Buffalo Law Review

No abstract provided.

Response To Susan Vivian Mangold's Extending Non-Exclusive Parenting And The Right To Protection For Older Foster Care Children: Creating Third Options In Permanency Planning, Lishone Bowsky

Buffalo Law Review

No abstract provided.

Response To The Urban Girls Conference April 14-15, 2000, Savita Droom

Buffalo Law Review

No abstract provided.

When Are Children Adults? Juveniles On Trial As Adults: Adults On Trial As Juveniles, Suzanne M. Knight

Buffalo Women's Law Journal

No abstract provided.

Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner

University of Arkansas at Little Rock Law Review

No abstract provided.

A Legal And Psychological Critique Of The Present Approach To The Assessment Of The Competence Of Child Witnesses, Nicholas Bala, Kang Lee, Rod Lindsay, Victoria Talwar

Osgoode Hall Law Journal

The Canada Evidence Act requires an inquiry to determine whether a child has the requisite moral and intellectual capacity to testify. Caselaw suggests that a child must demonstrate an understanding of abstract concepts like "truth" and "promise" to be competent to testify. This article reports on a survey of Ontario justice system professionals, revealing significant variation in how judges conduct competency inquiries. Children are often asked about religious beliefs and practices, and are frequently asked developmentally inappropriate questions. The authors also report on their experimental research which indicates that children's ability to explain such abstract concepts as "truth," "lie," and …

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein

University of Michigan Journal of Law Reform

Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …

There's No Place Like Home: The Availability Of Judicial Review Over Certification Decisions Invoking Federal Jurisdiction Under The Juvenile Justice And Delinquency Prevention Act, Robert B. Mahini

Vanderbilt Law Review

During the latter half of the twentieth century, society's perception of juvenile delinquents changed dramatically.' Once fairly characterized as "immature kids who might get arrested for truancy, shoplifting or joy riding," juvenile offenders have recently earned reputations as vicious criminals regularly committing such serious offenses as robbery, rape, and murder.' This apparent trend toward increased violence has resulted in a "get tough" approach to federal juvenile justice policies.' Accordingly, Congress has expanded the federal government's ability to prosecute certain juvenile offenders by broadening the scope of federal jurisdiction.

The Comprehensive Crime Control Act of 1984, for example, authorizes federal prosecution …

A Proposal To Strengthen Juvenile Miranda Rights: Requiring Parental Presence In Custodial Interrogations, Robert E. Mcguire

Vanderbilt Law Review

On October 31, 1997, eleven-year-old Nathaniel Abraham was at school and enjoying Halloween with his grade school classmates. The festivities ended, however, when members of the Pontiac, Michigan police department entered the classroom and arrested Nathaniel for first degree murder. Two days before, on October 29, eighteen- year-old Ronnie Lee Greene was walking out of a convenience store in Pontiac when a .22 caliber bullet struck him in the head and killed him.' Police suspected Nathaniel who, at the time of his arrest, had over twenty encounters with law enforcement. Once in custody, Nathaniel eventually confessed to shooting Greene and …

Helping Children Through The Juvenile Justice Syste: A Guide For Utah Defense Attorneys, Paul Wake

Brigham Young University Journal of Public Law

No abstract provided.

Rationalizing Juvenile Justice, Carolyn J. Frantz

Michigan Law Review

Few issues have occupied the public mind so much in recent years as the problem of youth violence. Due to sensational school shootings and public paranoia about the violence of youth gangs, America is concerned - very concerned - about the growing criminality of its children. In our concern, we find ourselves caught in the classic conundrum of criminal responsibility: reconciling the unavoidable knowledge that much of human behavior is determined with our strong instincts about free will. We blame violent television and video games, we blame single mothers, we blame low church attendance, but when all is said and …

Scrutinizing Juvenile Curfews: Constitutional Standards & The Fundamental Rights Of Juveniles & Parents, Brant K. Brown

Vanderbilt Law Review

"I think I should be the one setting the curfew, not the town."' Not surprisingly, juvenile curfew laws can elicit two opposing viewpoints. The first viewpoint, exemplified by the quote above, is that juvenile curfew laws, in any form, infringe on individual rights and are rarely, if ever, constitutional. The imposition is borne not only by the juveniles subject to the curfew, but also by their parents. The second viewpoint is that juvenile curfews serve at least two very important state purposes: they deter juveniles from committing crimes and protect them from being the victims of crimes perpetrated at night.! …

The Proposed Revisions To Japan's Juvenile Law: If Punishment Is Their Answer, They Are Asking The Wrong Question, Jessica Hardung

Washington International Law Journal

The Juvenile Law in Japan turned fifty years old on January 1, 1999. Japan enjoys one of the lowest overall crime rates of any industrialized nation, but its juvenile crime rate is on the rise. The rise in juvenile crime has prompted Japanese legislators to propose changes to the Juvenile Law. This Comment argues that the majority of the proposed revisions, which do not focus on rehabilitation, should not be adopted and that social controls already in place are sufficient to combat any increase in juvenile delinquency. Japanese culture has unique characteristics that contribute to its low crime rate. In …

Judicial Review & The Policy Of Federal Abstention: A Juvenile's Right To Ensure The Existence Of A "Substantial Federal Interest", Matthew Drexler

Michigan Law Review

The problem of juvenile delinquency must be dealt with in an effective and meaningful manner if we are to reduce the ever increasing levels of crime and improve the quality of life in America. With these words, the United States Senate opened its report in support of the first major federal juvenile delinquency statute in almost forty years. The goal of the statute and of federal involvement in juvenile delinquency proceedings was to give the highest attention to preventing juvenile crime and to minimizing the involvement of juveniles in the juvenile and criminal justice systems. Until 1974, the federal government …

Minors As Medical Decision Makers: The Pretextual Reasoning Of The Court In The Abortion Cases, J. Shoshanna Ehrlich

Michigan Journal of Gender & Law

By examining the Court's failure to consider the allocation of authority between parents and children in the critical realm of medical decision making, this article exposes the irrationality of the Court's acceptance of limitations on the abortion rights of minors and reveals the pronatalist thrust of the parental involvement decisions. The article begins by looking at how the Roe Court characterized abortion as a medical decision, followed by a discussion about the medical decision-making rights of minors. Rooted in this medical paradigm, the article then turns to the parental involvement cases to examine the Court's failure to consider the medical …

An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond

Michigan Journal of Gender & Law

This article discusses the development of a surgical approach to treating intersex infants and others with genital anomalies that began in the late 1950s and 1960s and became standard in the 1970s. Although professional literature has recently questioned the surgical approach to the treatment of infants, controversy surrounding treatment persists and the medical community now is divided. How sex reassignment surgery for intersex infants became a routine recommendation of practitioners and how parents were persuaded to consent to such radical surgeries provide a cautionary tale that is relevant to both medicine and law.

Parens Patriae And A Modest Proposal For The Twenty-First Century: Legal Philosophy And A New Look At Children's Welfare, Natalie Loder Clark

Michigan Journal of Gender & Law

This paper will turn to philosophy to seek material for limiting the exercise of parens patriae power. A significant reduction of the government's role will better serve the modern concern for child rearing which is this century's re-definition of best interests.

They Dropped The Ball: The Failure Of The Nevada Supreme Court To Consider The Impact Of The Iccpr's Ban On Capital Punishment For Juvenile Offenders In Domingues V. State, Lisa A. Blythe

Penn State International Law Review

No abstract provided.

The Alienation Of Fathers, Linda Kelly

Michigan Journal of Race and Law

By evaluating immigration and custody law from a father's perspective and thereby uncovering and addressing the biases held against men, both fathers and mothers will achieve greater recognition. Beyond revealing gender discrimination, such a study also demonstrates the disparate views still harbored toward unmarried parents. Examining custody and immigration law with an emphasis on these issues will hopefully foster a dialogue that brings the law in line with the reality of today's families and promotes each family member's individual potential.