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Juvenile Law Commons

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Full-Text Articles in Juvenile Law

Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith Mar 2016

Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith

Nevada Supreme Court Summaries

The Supreme Court denied petitioners’ application for a writ of mandamus for abuse of the district court’s discretion. If granted, this writ would have compelled the district court to grant the petitioners’ application to intervene under Rule 24 of the Nevada Rule of Civil Procedure as defendants in a constitutional challenge to a program that awards grants to children who are educated by entities other than public schools. The State is presumed to adequately represent the interests of those who support the bill. Since they did not demonstrate a conflict of interest with the State’s position or present an argument …


Review Of Alaska Mental Health Statutes, Sara Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen Jan 2016

Review Of Alaska Mental Health Statutes, Sara Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen

Scholarly Works

This report identifies key statutory provisions that we recommend be amended, a description of our findings based on interviews with stakeholders, legislative history of the Alaska statutes, reviews of national best practices and, where applicable, information about emerging areas in national mental health law for Alaska to consider in creating new law. Our recommendations are based in large part on significant advances in law and medicine in the understanding and treatment of mental illness that have occurred in the years since Alaska last made significant and substantive reforms to its criminal and civil mental health statutes. It is important to …


Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick Jan 2016

Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick

Scholarly Works

The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration have made the needs of Indian country, especially improvement of tribal justice systems, an area of focus in recent years. The release of two major reports—one from a task force convened by the Attorney General to study violence and trauma among Native youth and the other from a …


Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick Jan 2016

Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick

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Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment …


Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan Jan 2016

Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan

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In this article, Professor Hanan explores the issues surrounding reforms to the criminal justice system, juveniles, and conflict resolution. She asserts that enthusiasm for restorative justice as the best method of out-of-court dispute resolution in criminal cases should be tempered in favor of mediation, which is neutral because it does not assume that the accused is guilty and that "healing" or repair is warranted. Because decriminalization is not complete and the state retains jurisdiction, Professor Hanan argues for a neutral mediation program, which should (1) function to reduce overall contact with the criminal courts and (2) include procedural safeguards in …


Juvenile Justice In Global Perspective: From Chicago To Shanghai And Back To First Principles, David S. Tanenhaus Jan 2016

Juvenile Justice In Global Perspective: From Chicago To Shanghai And Back To First Principles, David S. Tanenhaus

Scholarly Works

No abstract provided.


‘Let’S Change The Law’: Arkansas And The Puzzle Of Juvenile Justice Reform In The 1990s, David S. Tanenhaus, Eric C. Nystrom Jan 2016

‘Let’S Change The Law’: Arkansas And The Puzzle Of Juvenile Justice Reform In The 1990s, David S. Tanenhaus, Eric C. Nystrom

Scholarly Works

No abstract provided.