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Articles 1 - 20 of 20
Full-Text Articles in Juvenile Law
Hearing On The California Youth Authority: Overcrowding, The Commonweal Report, The Role Of The Youthful Offender Parole Board, Senate Select Committee On Children And Youth
Hearing On The California Youth Authority: Overcrowding, The Commonweal Report, The Role Of The Youthful Offender Parole Board, Senate Select Committee On Children And Youth
California Senate
No abstract provided.
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Seattle University Law Review
This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …
Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin
Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin
Washington Law Review
This article addresses the legal dimensions of an important and difficult problem sometimes faced by social workers employed with child protection agencies: noncooperation with investigations. This problem can arise when the child's family denies access to the home or the child, or when others, such as schools and health providers, decline to cooperate with the investigation. This article identifies the constitutionally based procedural requirements that are applicable to child abuse investigations. It then proposes specific legislative reforms consistent with these constitutional requirements. The discussion of procedural requirements for child protection proceedings necessarily considers whether existing criminal and administrative procedures apply …
Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin
Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin
Washington Law Review
This article addresses the legal dimensions of an important and difficult problem sometimes faced by social workers employed with child protection agencies: noncooperation with investigations. This problem can arise when the child's family denies access to the home or the child, or when others, such as schools and health providers, decline to cooperate with the investigation. This article identifies the constitutionally based procedural requirements that are applicable to child abuse investigations. It then proposes specific legislative reforms consistent with these constitutional requirements. The discussion of procedural requirements for child protection proceedings necessarily considers whether existing criminal and administrative procedures apply …
Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis
Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis
Michigan Law Review
A Review of In the Best Interests of the Child by Joseph Goldstein, Anna Freud, Albert J. Solnit, and Sonja Goldstein
Families In Peril, Nellie Pappas
Families In Peril, Nellie Pappas
Michigan Law Review
A Review of Families in Peril by Marian Wright Edelman
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
Faculty Publications
Thousands of foreign-born children enter the United States every year. Many, particularly those crossing at the Mexican border, arrive without legal immigration status and unaccompanied by adults. Once here, these children have certain rights under the Constitution and the immigration laws of this country. Their primary right is to a deportation hearing. Under the current procedures used by Immigration and Naturalization Service (INS), however, these children are encouraged to waive that right and "elect" voluntary departure. The voluntary departure process requires that they admit to having entered the country illegally, choose the country to which they will return, and leave …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
This article last year noted the disturbing increase in the number of reported cases involving individuals prosecuted for the sexual abuse of children, and the persistence of legislative efforts to address the profound difficulties encountered by young children called as witnesses in those cases. This year, the General Assembly finally yielded to the urgings of those seeking changes in the law, and to the recommendations of a joint legislative subcommittee created in 1987 to study the problem of child abuse victims as witnesses in the courtroom. The subcommittee recommended the enactment of four bills in an effort to minimize the …
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
UIC Law Review
No abstract provided.
The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann
The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann
UIC Law Review
No abstract provided.
Confrontation In The Balance: The Protection Of Child Witnesses In West Virginia, Tamara J. Defazio
Confrontation In The Balance: The Protection Of Child Witnesses In West Virginia, Tamara J. Defazio
West Virginia Law Review
No abstract provided.
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
UIC Law Review
No abstract provided.
Terminating The Rights Of Mentally Retarded Parents: Severing The Ties That Bind, 22 J. Marshall L. Rev. 133 (1988), Patricia Werner
Terminating The Rights Of Mentally Retarded Parents: Severing The Ties That Bind, 22 J. Marshall L. Rev. 133 (1988), Patricia Werner
UIC Law Review
No abstract provided.
Hazelwood School District V. Kuhlmeier: How Useful Is Public Forum Analysis In Evaluating Restrictions On Student Expression In The Public Schools, 22 J. Marshall L. Rev. 403 (1988), Mark N. Bonaguro
UIC Law Review
No abstract provided.
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Touro Law Review
No abstract provided.
Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin
Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
The six sections of this Article present the case for direct federal court involvement in aiding foster children who are at risk of abuse and neglect while in foster care. Section I discusses the extent of abuse and neglect in foster care as well as the structural causes of this maltreatment. It also explains the inevitable failure of the political branches of government to confront the problem. Section II describes the constitutional right to safety and surveys the judicial treatment of that right, including the lack of development of the right for children in foster care. Section III discusses differences …
Juvenile Law, Anita Weinberg, Lucia Nale
Juvenile Law, Anita Weinberg, Lucia Nale
Loyola University Chicago Law Journal
No abstract provided.
Children's Preference In Adjudicated Custody Decisions, Elizabeth S. Scott, N. Dickon Reppucci, Mark Aber
Children's Preference In Adjudicated Custody Decisions, Elizabeth S. Scott, N. Dickon Reppucci, Mark Aber
Faculty Scholarship
Historically, courts usually paid little attention to the child's wishes in deciding which parent should have custody upon divorce. Today, statutes in many states direct courts to consider the child's preference, often as one among several factors that guide decisionmaking. With some exceptions, the law gives only general guidance and does not specify under what circumstances and to what extent the child's desire should affect the decision. Little is known about how important this factor is, what variables influence the weight accorded the child's preference, or how courts obtain and evaluate evidence about the child's wishes.
This Article began as …
Pennsylvania Juvenile Justice Manual For Junior High School & Middle School Students, Robert Hayman
Pennsylvania Juvenile Justice Manual For Junior High School & Middle School Students, Robert Hayman
Robert L. Hayman
No abstract provided.