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Juvenile Law Commons

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Articles 1 - 7 of 7

Full-Text Articles in Juvenile Law

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie Dec 2005

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie

ExpressO

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin Aug 2005

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin

ExpressO

This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.


Reconceptualizing Due Process In Criminal Justice: Contributions From Law And Social Science, Christopher Slobogin Aug 2005

Reconceptualizing Due Process In Criminal Justice: Contributions From Law And Social Science, Christopher Slobogin

ExpressO

This article challenges the accepted wisdom, at least since the Supreme Court’s decision in Gault, that procedures in juvenile delinquency court should mimic the adult criminal process. The legal basis for this challenge is Gault itself, as well as the other Supreme Court cases that triggered the juvenile justice revolution of the past decades, for all of these cases relied on the due process clause, not the provisions of the Constitution that form the foundation for adult criminal procedure. That means that the central goal in juvenile justice is fundamental fairness, which does not have to be congruent with the …


Deterring Roper’S Juveniles: Why Immature Criminal Youth Require The Death Penalty More Than Adults – A Law & Economics Approach, Moin A. Yahya Aug 2005

Deterring Roper’S Juveniles: Why Immature Criminal Youth Require The Death Penalty More Than Adults – A Law & Economics Approach, Moin A. Yahya

ExpressO

In Roper v. Simmons, the United States Supreme Court declared the death penalty for juveniles unconstitutional. It relied on three reasons, one of which concerns this article, namely the theory that juveniles are less culpable and deterrable than adults. The Court relied on the American Medical Association’s amicus brief which purported to show scientifically that juveniles had less developed brains than adults. The Court characterized juveniles as being risk-lovers who highly preferred the present over the future, who loved gains no matter how risky but did not care for losses, and who could not engage in proper cost-benefit analysis, because …


The Coalescence Of Law And Science In An Era Of School Drug Testing: Beyond Vernonia, Earls, And Joye, George S. Yacoubian Jul 2005

The Coalescence Of Law And Science In An Era Of School Drug Testing: Beyond Vernonia, Earls, And Joye, George S. Yacoubian

ExpressO

No abstract provided.


Disrobe Dot Com For The Aclu: Ashcroft V. Aclu, A Strict Scrutiny Review For The Child Online Protection Act, Roger W. Stepp Jan 2005

Disrobe Dot Com For The Aclu: Ashcroft V. Aclu, A Strict Scrutiny Review For The Child Online Protection Act, Roger W. Stepp

ExpressO

No abstract provided.