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Juvenile Law Commons™

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1979

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Institution
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Articles 1 - 19 of 19

Full-Text Articles in Juvenile Law

Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton Dec 1979

Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton

West Virginia Law Review

No abstract provided.

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Public Hearing On Indian Children: Adoption: Foster Care (Ab 1041, Bates), Assembly Committee On Human Resources Oct 1979

Public Hearing On Indian Children: Adoption: Foster Care (Ab 1041, Bates), Assembly Committee On Human Resources

California Assembly

No abstract provided.

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Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger Oct 1979

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 …

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The National Debate And State Level Response: The New Indiana Juvenile Code (Symposium Introduction), Dan Hopson Jul 1979

The National Debate And State Level Response: The New Indiana Juvenile Code (Symposium Introduction), Dan Hopson

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

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Transfer Between Courts Under The Indiana Juvenile Code, Robert Batey Jul 1979

Transfer Between Courts Under The Indiana Juvenile Code, Robert Batey

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

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This Code Is Rated "R" - Second-Class Citizenship Under Indiana's New Juvenile Code, J. Richard Keifer Jul 1979

This Code Is Rated "R" - Second-Class Citizenship Under Indiana's New Juvenile Code, J. Richard Keifer

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

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Jurisdiction Over Misbehaving Children And Their Parents Under The New Indiana Juvenile Law, Lee E. Teitelbaum Jul 1979

Jurisdiction Over Misbehaving Children And Their Parents Under The New Indiana Juvenile Law, Lee E. Teitelbaum

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

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A Judicial Response To The New Juvenile Code, J. Brandon Griffis Jul 1979

A Judicial Response To The New Juvenile Code, J. Brandon Griffis

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

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At Long Last Credibility: The Role Of The Attorney For The State Under Indiana's New Juvenile Code, David W. Bahlmann, Stephen J. Johnson Jul 1979

At Long Last Credibility: The Role Of The Attorney For The State Under Indiana's New Juvenile Code, David W. Bahlmann, Stephen J. Johnson

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

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From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis Mar 1979

From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis

Michigan Law Review

A Review of The Best-Laid Plans: America's Juvenile Court Experiment by Ellen Ryerson

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Protection Of Children From Use In Pornography: Toward Constitutional And Enforceable Legislation, T. Christopher Donnelly Jan 1979

Protection Of Children From Use In Pornography: Toward Constitutional And Enforceable Legislation, T. Christopher Donnelly

University of Michigan Journal of Law Reform

This article will begin with an overview of the child pornography problem, then move to a more detailed discussion of the harms wrought upon children and society by the production and distribution of such material. A discussion of prior law will follow, detailing the need for legislation aimed specifically at the child pornography industry. The majority of the article will undertake a critical examination of existing child pornography legislation. The various elements of the offenses will be discussed and recommendations will be made to assure the effectiveness and constitutionality of child pornography statutes. In addition, provisions designed to facilitate easier …

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Children And The Idea Of Liberty: A Comment On The Civil Commitment Cases, John H. Garvey Jan 1979

Children And The Idea Of Liberty: A Comment On The Civil Commitment Cases, John H. Garvey

Scholarly Articles

Despite all the talk about the rights of children in the past few years, it has not often been necessary to parse conflicting claims by parents and children, and to give independent constitutional content to the latter. Before 1979, the Supreme Court had reached the merits in only one case presenting that issue. The problem will arise whenever the state lends its aid to the parents in a familial dispute, and in time will doubtless provoke litigation in which outnumbered children claim the benefit of most of the Bill of Rights. Until now, debate has focused on the procedural and …

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The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton Jan 1979

The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton

University of Richmond Law Review

Since 1899, the year in which the state of Illinois established a separate statutory framework for addressing the problems of children before the courts, the juvenile justice system has been struggling to establish its identity in the jurisprudence of the United States. The juvenile court laws of this country, including those of the Commonwealth of Virginia, have historically been based on the doctrine of "parens patriae", which is formally defined as the "sovereign power of guardianship over persons under disability."' According to this doctrine, the state, through the court system, can be trusted to fulfill its obligation with respect to …

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Families With Service Needs: The Newest Euphemism, Stanley Z. Fisher Jan 1979

Families With Service Needs: The Newest Euphemism, Stanley Z. Fisher

Faculty Scholarship

Juvenile court jurisdiction over "status offenders" - juveniles engaging in noncriminal misconduct such as truancy, running away, and "incorrigibility" - has become the subject of national debate. Most participants in the many-sided discussion agree that the system needs reform. The major disagreement, however, is between those who wish merely to reform the court's jurisdiction over this conduct, and those who would substantially eliminate it. This article concerns the newest reform proposal: to revise status offense jurisdiction under a new category entitled "Families With Service Needs" (FWSN). Proposed in 1977 by a federally funded task force, 5 the FWSN concept has …

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Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer Jan 1979

Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer

Seattle University Law Review

To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …

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Children And The Law - Foreword, Birch Bayh Jan 1979

Children And The Law - Foreword, Birch Bayh

University of Richmond Law Review

As a parent, legislator, and former Chairman of the United States Senate Judiciary Subcommittee to Investigate Juvenile Delinquency, the problems of the youth of our nation are very close to my heart. I think that raising a young person is one of the most difficult and important challenges that a person can ever face. Our collective success or failure in raising young people actually determines the future of the country. Happy, secure and well-educated youth will be effective, productive and useful citizens. Young people who have been beaten, starved, or deprived of love have accounted for the major portion of …

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Outpatient Mental Health Care Services - A Minor's Right, John V. Cogbill Iii Jan 1979

Outpatient Mental Health Care Services - A Minor's Right, John V. Cogbill Iii

University of Richmond Law Review

The 1979 Session of the General Assembly made important changes in Title 54 of the Code of Virginia pertaining to health care for minors. One of the principal changes involved the right of unemancipated minors to seek outpatient treatment for mental health problems without the consent of their parents. Additionally, lawmakers deleted the criminal sanctions imposed against medical practitioners who performed authorized abortions on consenting minors. This bill appears to bring into Virginia a partial realization of a child's right to due process and equal protection under the law.

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Children And The First Amendment, John H. Garvey Jan 1979

Children And The First Amendment, John H. Garvey

Scholarly Articles

If children possess moral and political rights against the state, theories about these rights have scarcely progressed beyond first principles. The state must retain power to regulate education and some aspects of family life. Parents sometimes have a final say concerning what a child may do and experience. Professor Garvey offers an account of the way in which these and other realities shape the child's rights of free expression under the first amendment.

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Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock Jan 1979

Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock

Law Faculty Articles and Essays

Since the United States Supreme Court's decision in In re Gault in 1967, in which due process rights were extended to juvenile delinquency proceedings which might result in commitment of youths to reformatory institutions, numerous courts, legislatures, and private study commissions have been re-examining the rights and obligations of young people in contemporary American society. In this ongoing debate over juvenile jurisprudence, perhaps no issue has provoked as much controversy as the question of whether juvenile courts should continue to exercise jurisdiction over juvenile "status offenses"--those unique forms of deviant behavior which are illegal only for minors. It is not …

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