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Articles 1 - 13 of 13
Full-Text Articles in Juvenile Law
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
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
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
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
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
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
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.
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Ohio State University Moritz College of Law Working Paper Series
The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …
The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo
The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo
Working Paper Series
This article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a threat to U.S. national security than many people who are able to secure visas to the United States quickly and with fewer background checks. Despite their vulnerability and lack of …
Disrobe Dot Com For The Aclu: Ashcroft V. Aclu, A Strict Scrutiny Review For The Child Online Protection Act, Roger W. Stepp
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.
Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull
Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser
Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser
Scholarly Works
Taking as its sample group the 2005 population of seventy-two juvenile offenders on death row, this article examines the roles of peer influence and group offending in the murders committed by those now awaiting execution. Based on that examination, the article suggests certain reforms in the capital trials of juveniles. To set the stage, the article first marshals the evidence supporting the “group crime” theory of youth violence and then discusses the critical role of peers in adolescent development and group offending of a violent crime.
Juvenile Diversion: Results Of A Three Year Experimental Study, Steven Patrick, Robert Marsh
Juvenile Diversion: Results Of A Three Year Experimental Study, Steven Patrick, Robert Marsh
Sociology Faculty Publications and Presentations
In a three year longitudinal study of first time juvenile status offenders assigned at random to three treatment groups and a control group, no significant differences were found in recidivism rates among the groups. A total of 398 juveniles in this study were cited for offenses of tobacco or alcohol in a medium-sized metropolitan northwest city. The offenders were assigned at random to four groups: a traditional magistrate court, a traditional Youth Court diversion program, a new non-judicial diversion program and a control group. None of the groups including the control group showed a significant difference in recidivism rates. It …
Adjudicatory And Dispositional Decision Making In Juvenile Justice, Richard E. Redding
Adjudicatory And Dispositional Decision Making In Juvenile Justice, Richard E. Redding
Richard E. Redding
Juvenile court judges and others working in the juvenile justice system have a wide variety of dispositional and sentencing options available for the juvenile offenders under their jurisdiction. For serious, violent or chronic offenders, these options increasingly involve transferring juveniles from juvenile court for trial and sentencing in the criminal court as well as blended juvenile and adult sentences. This chapter provides an overview of the adjudicatory and dispositional options available for handling juvenile offenders in the juvenile and criminal justice systems. The research on adjudicatory and dispositional decision making is reviewed, and directions for future law and policy development …