Juvenile Law Commons^™

Abortion; Parental Consent; Minors' Rights To Due Process, Equal Protection And Privacy; State V. Koome, Barbara Child

Akron Law Review

The Washington court had before it a physician appealing his conviction for performing an abortion on an unmarried 16-year-old woman, a ward of the King County Juvenile Court, which had given its consent to the abortion. However, the young woman's parents and the Catholic Children's Services, her temporary guardian, both opposed the abortion and were granted a stay of the abortion order pending review by the state supreme court. During the stay, Dr. Koome performed the abortion. The supreme court held that the Washington consent statute "too broadly encumbers the right of unmarried minor women to choose to terminate pregnancy, …

Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri

Brigham Young University Education and Law Journal

No abstract provided.

Gender Injustice, Francine Sherman

Francine T. Sherman

The Waiver Of Juvenile Court Jurisdiction; State V. Adams, Antonia Johnson

Akron Law Review

Since Illinois created the first juvenile court system by statute in 1899, every state has enacted a juvenile justice system philosophically designed to help rather than to punish children who violate the law. The juvenile court from its inception has advocated the protection of misbehaving children from the harsh retributive philosophy of the adult criminal law. Instead of punishment it has attempted to provide methods by which to assist them to develop into mature, responsible adults.

Yet, from its inception, the proponents of the separate, specialized juvenile justice system have presumed that some children would not respond positively to its …

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

Capital Punishment Of Children In Ohio: "They'd Never Send A Boy Of Seventeen To The Chair In Ohio, Would They?", Victor L. Streib

Akron Law Review

This article presents first an overview of the national legal environment and actual executions in American history and then a focused, in-depth analysis of Ohio as a reasonably representative American jurisdiction. Each of the nineteen verified and documented Ohio cases are examined in some detail to determine, so far as is possible, the reasons they were selected for capital punishment. The cases are discussed within the context of the legal environment existing at the time they were decided.

Parent-Child Tort Immunity Law In Ohio, Jeffrey L. Hall

Akron Law Review

In light of the abrupt change in Ohio concerning the parental immunity doctrine, this comment will examine the historical justifications for the doctrine, with an extended discussion of the Ohio experience with the immunity prior to its change in Kirchner. This comment also analyzes the present Ohio position, contrasting it with the approaches of other states, and cautions against the increasing use of family exclusion clauses in liability insurance policies which have the practical effect of retaining the immunity where the court has abrogated it.

Children's Testimony In Sexual Abuse Cases: Ohio's Proposed Legislation, Deborah Mahusky

Akron Law Review

Legislatures are attempting to reduce the trauma to the child, and, at the same time, to increase convictions.

This legislation is often in the form of permitting videotaped pretrial statements and depositions to be admitted into evidence. Additionally, some legislatures are permitting testimony of the child at depositions or at trial to take place in a separate room from the defendant, the judge, the jury and the general public through the use of closed circuit television or monitors. However, this legislation may present an encroachment of sixth amendment guarantees.

Section I of this comment will discuss whether or not the …

In Re Barzak: Access To Children Services Board Files, David Hazelkorn

Akron Law Review

In the recent court decision, In re Barzak, the Trumbull County Court of Appeals ruled that parents in child abuse, neglect, or dependency proceedings have a right of reasonable access to Children Services Board investigation files. While this was a case of first impression in Ohio, it puts state law in line with that of other jurisdictions.

Stanford V. Kentucky: Did The Court Bite The Constitutional Bullet?, John R. Frank

Akron Law Review

The Court's opinion in Stanford v. Kentucky and the companion case, Wilkins v. Missouri, reflects a fragile consensus among the five justices who affirmed Stanford's and Wilkins' death sentences."' This note explores the Court's holding and its internal conflict over the proper scope of eighth amendment analysis.

State V. Sorenson: The Adequacy Of The Residual Exceptions In Child Sexual Abuse Cases: Five-Part Test Puts An End To The Criticism, Robert G. Renis

Akron Law Review

In State v. Sorenson, a seven-year-old girl's father and uncle had sexual intercourse with her. The court allowed a social worker to testify as to what the girl had told her. Finally, a court has set forth a detailed test for use in determining the admissibility of hearsay evidence in child sexual abuse cases. This casenote will analyze the court's five-part test, and discuss how it was applied in Sorenson. The casenote will then compare the Sorenson test (used in conjunction with the residual exceptions) to statutes providing for specific hearsay exceptions in child sexual abuse cases.

Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody

Susan L. Brody

No abstract provided.

Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody

Susan L. Brody

No abstract provided.

Black Childhood And Philosophy | Panel Discussion, Sarah Forman, Odeana Neal, Spearit, Phyllis Taite, Tsedey Tedla, Cedric Powell, Anthony Farley

SpearIt It

On November 21, 2014, the University of Kentucky College of Law hosted the James and Mary Lassiter Distinguished Visiting Professor Conference. Anthony Paul Farley, the 2014 Lassiter Distinguished Visiting Professor, led a group of prominent speakers through the day's events. The Lassiter Distinguished Visiting Professor conference focused on the four freedoms and race. Black childhood is in danger. What is freedom of speech without the right to an education? What is freedom of worship amidst nihilistic erasures of black childhood? What is freedom from want when most of black childhood is lived below the poverty line? What is freedom from …

Protecting Society From Teenage Greed: A Proposal For Revising The Ages, Hours And Nature Of Child Labor In America, Andrea Giampetro-Meyer, Timothy S. Brown S.J.

Akron Law Review

The first section of this Article presents a picture of child labor throughout American history. It looks at child labor from the turn of the century to date. This section helps the reader understand the extent of changes in child labor over time. The second section presents a summary of federal and state child labor laws. This section shows that attempt to control employers who exploit children have changed only marginally. The third section of this Article explores social science data on the pros and cons of teenage employment.

This section focuses on the issue of teenage greed. First, the …

Is Ohio Juvenile Justice Still Serving Its Purpose?, Susan A. Burns

Akron Law Review

This Comment begins with an introduction to the history and purpose of the juvenile justice system, and the procedure for transferring juveniles to adult courts. Part II discusses the United States Supreme Court cases that began eroding the original purpose of the juvenile court by affording juveniles some of the same constitutional rights enjoyed by adult offenders. Part III focuses on Ohio's present juvenile transfer procedure to adult court, discussing the broad discretionary power given to juvenile court judges in electing to do so. Part IV describes the criteria Ohio juvenile court judges use to determine whether to transfer juveniles, …

State V. Nemeth: Equal Protection For The Battered Child, Joseph A. Shoaff

Akron Law Review

This Note analyzes the Court's decision in Nemeth. Part II presents a background of the battered child syndrome followed by a discussion of the admissibility of battered woman and battered child syndrome testimony in Ohio. In addition, it contains a brief overview of Ohio's ambiguous self-defense standard. Part III presents the facts, procedural history, and holding of Nemeth. Part IV analyzes the Court's holding.

This Note establishes why the Ohio Supreme Court should recognize the psychological equivalency of the battered woman and battered child syndromes and affirm the Nemeth holding on equal protection grounds. In doing so, the Court will …

C.R.B. V. C.C And B.C.: Protecting Children's Need For Stability In Custody Modification Disputes Between Biological Parents And Third Parties, Laura Beresh Taylor

Akron Law Review

This Note examines the collision of the “foundational policies” recognized by the Alaska Supreme Court. Part II provides an overview of the parental preference doctrine and custody modification standards. Part III presents the facts, procedural history, and the Alaska Supreme Court’s holding in C.R.B. Finally, Part IV analyzes the Alaska Supreme Court’s decision and its consequences. The Alaska Supreme Court properly rejected the use of a parental preference in custody modification disputes, and its holding produced a desirable outcome. However, this Note establishes why the court should adopt a more stringent modification standard to safeguard children’s need for stability in …

Www.Obscenity.Com: An Analysis Of Obscenity And Indecency Regulation Of The Internet, Kelly M. Doherty

Akron Law Review

This comment explores the constitutionality of federal regulations as applied to Internet content and alternatives to government regulation. Part II provides background on the Internet, First Amendment obscenity and indecency law as applied to communications media, and past and current legislation enacted to regulate Internet content. Part III analyzes the constitutionality of COPA, and discusses why other alternatives are more effective and preferable to government regulation. Part IV concludes that protecting children from harmful Internet content is the responsibility of parents, and therefore, Internet regulation should begin at home.

Summary Of Goodrich & Pennington Mortgage Fund, Inc. V. J.R. Woolard, Inc., 120 Nev. Adv. Op. 85, Angela Morrison

Angela D. Morrison

In a bench trial, the district court awarded appellant Goodrich & Pennington Mortgage Fund, Inc. (“Goodrich & Pennington”) damages arising from a negligent appraisal executed by J.R. Woolard, Inc. (“Woolard”). Goodrich & Pennington appealed, alleging that the district court failed to take into account all of the damages caused by the negligent appraisal.