Juvenile Law Commons^™

Quality Education For America’S Children With Disabilities: The Need To Protect Due Process Rights, Selene A. Almazan Esq., Andrew A. Feinstein Esq., Denise Stile Marshall M.S.

Child and Family Law Journal

No abstract provided.

Florida Adoption Intervention Statute: Balancing The Constitutional Rights Of The Parents With The Best Interest Of The Dependent Child, Taylor Smith

Child and Family Law Journal

No abstract provided.

For The Good Of The Group: Using Class Actions And Impact Litigation To Turn Child Welfare Policy Into Practice In Illinois, Emma Mcmullen

Children's Legal Rights Journal

No abstract provided.

Interview With: The Lead Safe Housing Rule: A Step In The Right Direction, Matthew Wagar

Children's Legal Rights Journal

No abstract provided.

Minors In The Major Leagues: Youth Courts Hit A Home Run For Juvenile Justice, Christina M. Dines

Notre Dame Journal of Law, Ethics & Public Policy

Youth courts provide an efficient—albeit unconventional—alternative to the formal juvenile justice system. Although structures of youth courts vary, the purpose remains the same: to rehabilitate and deter youth offenders in a forum largely governed by their minor peers—one free of the stigma associated with the traditional justice system. This Note examines the expansion of youth courts; various structures of the courts; advantages and disadvantages of a system driven by peer mentorship and peer decision- making; typical sanctions imposed on a juvenile offender; and the wider implications of youth court from an economic and social justice perspective.

Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey

Notre Dame Journal of Law, Ethics & Public Policy

The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …

‘We Can't Tolerate That Behavior In This School!’: The Consequences Of Excluding Children With Behavioral Health Conditions And The Limits Of The Law, Kate Mitchell

Faculty Publications & Other Works

The disciplinary exclusion of children with behavioral health conditions is rampant in public schools in the United States. The practice of suspending and expelling students with behavioral challenges, caused in part by a lack of understanding of the causes of children's behavioral challenges and failures by schools to implement appropriate behavioral supports and interventions, results in the isolation and segregation of some of the most vulnerable students. Research has clearly established that these exclusionary practices are ineffective both in addressing behavioral challenges and in keeping schools safer. In fact, disciplinary removals result in lost educational opportunities, increased dropout risk, criminal …

Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Opening Remarks, November 6, 2015, Bridget M. Mccormack

University of Michigan Journal of Law Reform

Opening remarks by Justice Bridget McCormack, Michigan Supreme Court on November 6, 2015.

“Letting Kids Be Kids”: Youth Voice And Activism To Reform Foster Care And Promote “Normalcy”, Bernard P. Perlmutter

Books and Book Chapters

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these children are analogized to victim truth testimony, analyzed as a therapeutic, procedural, and developmental process, and examined as a catalyst for systemic accountability and change. Youth stories take different forms and appear in different media: testimony in legislatures, courts, research surveys or studies; opinion editorials and interviews in newspapers or blog posts; digital stories on YouTube; and artistic expression. Lawyers often serve as conduits for youth storytelling, translating their clients’ stories to the …

Adjusting The Bright-Line Age Of Accountability Within The Criminal Justice System: Raising The Age Of Majority To Age 21 Based On The Conclusions Of Scientific Studies Regarding Neurological Development And Culpability Of Young-Adult Offenders, Carly Loomis-Gustafson

Duquesne Law Review

The criminal justice system determines a criminal actor's liability based primarily on the age of the actor at the time of the offense, adhering to a rule instituted by arbitrary designation of adulthood at the age of eighteen. Solely, this line determines the degree of treatment a criminal defendant will receive within the system, with more punitive measures being reserved for adult offenders and greater rehabilitative efforts made for juvenile offenders. Despite the many concessions made within the criminal system, this rule is concrete and rarely questioned.

However, studies of neurological development show that the part of the brain directly …

Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran

Journal of Law and Policy

In the last three decades, a new type of physical seclusion has appeared around the world: the gating and walling of urban and suburban spatial residences. This phenomenon, led mainly by dominant socio-economic groups, is referred to as “gated communities.” This article focuses on the legal challenges that gated communities raise in ethnocratic societies that share a legacy of segregation and of unequal distribution of land. The main argument is that, due to this legacy, the legality of gated communities and walls that separate communities generate legal debates that goes beyond classic legal claims of rights violations of non-residents of …

Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran

Journal of Law and Policy

In the last three decades, a new type of physical seclusion has appeared around the world: the gating and walling of urban and suburban spatial residences. This phenomenon, led mainly by dominant socio-economic groups, is referred to as “gated communities.” This article focuses on the legal challenges that gated communities raise in ethnocratic societies that share a legacy of segregation and of unequal distribution of land. The main argument is that, due to this legacy, the legality of gated communities and walls that separate communities generate legal debates that goes beyond classic legal claims of rights violations of non-residents of …

Comments: When Psychology Answers Constitutional Questions: The Eighth Amendment And Juvenile Sentencing, Emily M. Steiner

University of Baltimore Law Review

While weighing whether or not to turn himself in for murder and surrender to prison, a 23-year-old law student questions the high premium placed on imprisonment as a rehabilitative measure. After finally submitting to imprisonment, however, Rodion Raskolnikov comes to understand the value of atoning for his crimes and how his punishment correlates with societal justice. The balance struck between an appropriate amount of suffering and society’s need for justice is at the heart of Raskolnikov’s character development.

Despite Raskolnikov’s imprisonment and accompanying character transformation, one important question remains unanswered by Fyodor Dostoevsky’s novel: at what point does a punishment …

State V. Saldierna, Brian Boyd

NYLS Law Review

No abstract provided.

Juvenile Or Adult? Lost In Interpretation: The Split On Interpreting A “Prior Record” Under The Federal Juvenile Delinquency Act, Ashley N. Longcor

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Shutting Down The Child Exploitation Industry Through Enterprise-Based Prosecution, 51 J. Marshall L. Rev. 59 (2017), Julia Maloney

UIC Law Review

No abstract provided.

Lived Legal Expertise: Mobilizing The Political Agency Of Incarcerated Youth, Ian S. Schiffer

Pomona Senior Theses

This thesis analyzes how caring relationships and an emancipatory approach to law related education (LRE) within juvenile justice facilities can cultivate political agency. I focused specifically on Camp Afflerbaugh-Paige, an LA County juvenile probation facility, in La Verne, CA, as a case study. During three months of teaching a law related education class and embedding myself at the facility with an asset-based framework, I encountered a wealth of knowledge that incarcerated juveniles possess, not from formal education or research, but based in their own lived experiences. Los Angeles County Probation spends $233,000 per student per year; assuming best intentions of …

Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka

Law Faculty Publications

"The appellate courts of this Commonwealth are not unlit rooms where attorneys may wander blindly about, hoping to stumble upon a reversible error."

These words of Judge Humphreys, denying a 2016 child custody appeal, are cogent. Yet four months later, in another appeal, Judge Humphreys joined a unanimous decision overturning a common provision in a custody order. In Bonhotel v. Watts, the Court of Appeals of Virginia held that judges cannot delegate judicial decision making power in child custody cases to outside professionals. This sounds obvious, but such delegation is actually ordered all the time. In final orders, Virginia's trial …

An Aggravating Adolescence: An Analysis Of Juvenile Convictions As Statutory Aggravators In Capital Cases, Lesley A. O'Neill

Georgia Law Review

In death penalty cases there is a requirement that
certain statutory aggravators must be present in order to
reach a death verdict. One such statutory aggravator in
most states is the defendant having previously committed
a felony, which can include crimes committed as a
juvenile. While the Supreme Court ruled in 2005 that
sentencing a defendant to death for crimes they committed
as a juvenile is unconstitutional, many states' death
penalty statutes allow for the possibility that the sole
aggravator relied on for a verdict of death is a previous
juvenile conviction. This Note argues that based on the
Court's …

Decriminalizing Childhood, Andrea L. Dennis

Scholarly Works

Even though the number of juveniles arrested, tried and detained has recently declined, there are still a large number of delinquency cases, children under supervision by state officials, and children living in state facilities for youth and adults. Additionally, any positive developments in juvenile justice have not been evenly experienced by all youth. Juveniles living in urban areas are more likely to have their cases formally processed in the juvenile justice system rather than informally resolved. Further, the reach of the justice system has a particularly disparate effect on minority youth who tend to live in heavily-policed urban areas.

The …