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Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo D. Barrozo 2011 Boston College Law School

Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo D. Barrozo

Boston College Law School Faculty Papers

Because of the continued dominance of consequentialist views, the deontological paradigm that emerges in the form of a human rights approach to adoption faces two major and partially connected obstacles. First, and despite the fact that the human rights approach has found compelling advocates, its jurisprudential basis has yet to be fully articulated. And in part because of insufficient theorization, the emerging deontological adoption is constantly at risk of being rhetorically and practically subsumed or engulfed by the resilient consequentialist-cum-charity paradigm. This article addresses these two obstacles, laying out the foundations of a deontological theory of adoption.

After the Introduction ...


Disentangling Child Pornography From Child Sex Abuse, Carissa Byrne Hessick 2011 Arizona State University

Disentangling Child Pornography From Child Sex Abuse, Carissa Byrne Hessick

Washington University Law Review

Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to be premised on arguments that blur the distinction between those who possess images of child pornography and those who sexually abuse children. In particular, sentences have been increased based on arguments that possession of pornography is equivalent to or worse than child sex abuse, arguments that viewing child pornography increases the risk that an individual will sexually abuse a child, and arguments that those who possess child pornography are abusing children undetected. This Article identifies instances where possession ...


Moral Disengagement Among Serious Juvenile Offenders: A Longitudinal Study Of The Relations Between Morally Disengaged Attitudes And Offending, Jeffrey Fagan, Elizabeth P. Shulman, Elizabeth Cauffman, Alex R. Piquero 2011 Columbia Law School

Moral Disengagement Among Serious Juvenile Offenders: A Longitudinal Study Of The Relations Between Morally Disengaged Attitudes And Offending, Jeffrey Fagan, Elizabeth P. Shulman, Elizabeth Cauffman, Alex R. Piquero

Faculty Scholarship

The present study investigates the relation between moral disengagement - one’s willingness to conditionally endorse transgressive behavior - and ongoing offending in a sample of adolescent male felony offenders (N=1,169). In addition, the study attempts to rule out callous-unemotional traits as a third variable responsible for observed associations between moral disengagement and offending. A bivariate latent change score analysis suggests that reduction in moral disengagement helps to speed decline in self-reported antisocial behavior, even after adjusting for the potential confound of callous-unemotional traits. Declines in moral disengagement are also associated with declining likelihood of offending, based on official records ...


More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard Perlmutter 2011 University of Miami School of Law

More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard Perlmutter

Articles

No abstract provided.


Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis 2011 Cleveland State University

Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis

Law Faculty Articles and Essays

Historically, courts were called on to answer the following question: What makes a man a legal father? Courts applied different presumptions to arrive at the answer. For example, if the case involved a married couple, the woman's husband was presumed to be the legal father.1 In situations involving an unmarried woman, the man who helped to conceive the child was the legal father. While paternity was being litigated, maternity was resolved-the woman who gave birth to the child was the child's legal mother. The phrase “momma's baby, papa's maybe” reflected society's attitude towards maternity ...


An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga 2011 University of Nevada, Las Vegas

An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga

McNair Poster Presentations

Previous research has defined several factors as predictors to juvenile delinquency. Characteristics among the youth involved in criminal behavior include various home placements, running away, mental health problems, physical and sexual abuse, delinquency history, and family members with a delinquent background. These factors were analyzed in the current to observe whether the predictors were relevant to girls detained in the Las Vgeas juvenile justice system. While observing the data in this study, it appeared that predictors described in previous research were in fact present among this population. However, Further research should take an in depth look at these factors in ...


Section 2259 Restitution Claims And Child Pornography Possession, Dina McLeod 2011 University of Michigan Law School

Section 2259 Restitution Claims And Child Pornography Possession, Dina Mcleod

Michigan Law Review

In 2009, a child pornography victim brought a criminal restitution claim against a defendant who possessed images of her abuse. The statutory provision authorizing restitution, 18 U.S.C. § 2259, had never before been used to bring a claim against a defendant who had only possessed, rather than produced or distributed, child pornography ("child pornography possession defendants"). The federal courts have not developed a consistent approach to resolving Section 2259 claims involving such defendants. This Note argues that two conceptions of traditional proximate cause doctrine can provide a framework for analyzing such claims. It examines Section 2259 claims using both ...


Juvenile Life Without Parole: Unconstitutional In Michigan?, Kimberly A. Thomas 2011 University of Michigan Law School

Juvenile Life Without Parole: Unconstitutional In Michigan?, Kimberly A. Thomas

Articles

Last term, in Graham v Florida,1 the United States Supreme Court found unconstitutional the sentence of life without parole for a juvenile who committed a non-homicide offense. This attention to the sentencing of juvenile offenders is a continuation of the Court's decision in Roper v Simmons,2 in which the Court held that juvenile offenders could not constitutionally receive the death penalty. This scrutiny should be a signal to Michigan to examine its own jurisprudence on juveniles receiving sentences of life without parole. Michigan has the second-highest number of persons serving sentences of life without parole for offenses ...


Preventing The Unnecessary Entry Of Children Into Foster Care, Vivek Sankaran 2011 University of Michigan Law School

Preventing The Unnecessary Entry Of Children Into Foster Care, Vivek Sankaran

Articles

A young mother of three endures abuse at the hands of the children's father. Her children repeatedly witness the violence in their home and describe it to a school teacher, who in turn places a call to Child Protective Services (CPS). A CPS investigator arrives at the home the next morning with a plethora of questions for the mother and her children. Have the children been hit? Did they observe the beatings? What steps has their mother taken to protect them? An adversarial conversation ensues. Unsatisfactory answers may lead to tragic consequences-the removal of the children from their home.


Masthead, Editors 2011 University of Pennsylvania Law School

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Prosecutorial Discretion And The Neglect Of Juvenile Shielding Statutes, Andrea L. Dennis 2011 University of Georgia School of Law

Prosecutorial Discretion And The Neglect Of Juvenile Shielding Statutes, Andrea L. Dennis

Scholarly Works

When legislatures enact statutes, furtherance of legislative intent depends on the behavior of actors in the executive and judicial branches of government. In the criminal justice system, prosecutors may frustrate legislative intent when they exercise prosecutorial discretion. This Article examines an instance in which prosecutors’ choices work to the detriment of children.

This Article reviews the failure of juvenile shielding statutes to take hold in the prosecution of cases involving child witnesses because of prosecutors’ discretionary decisions not to use these statutes. The Article investigates prosecutors’ pragmatic and doctrinal justifications for not utilizing juvenile shielding statutes and concludes that the ...


Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres 2011 Georgia State University College of Law

Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres

Faculty Publications By Year

In recent years, major natural disasters — ranging from the 2004 Indian Ocean tsunami to the 2010 Haiti earthquake — have challenged the global community to ensure the survival and well-being of millions of individuals under the most difficult circumstances. Each of these natural disasters has created crisis spots with huge numbers of displaced individuals, including many children. The international community has struggled to deliver the resources needed to ensure a prompt and full recovery. In these settings, the challenges confronting children are particularly acute. Yet frequently children are marginalized and underserved by disaster response and reconstruction efforts. This symposium article examines ...


The System Response To The Commercial Sexual Exploitation Of Girls, Francine Sherman, Lisa Grace 2010 Boston College Law School

The System Response To The Commercial Sexual Exploitation Of Girls, Francine Sherman, Lisa Grace

Francine T. Sherman

This chapter, which is written from the perspectives of law, public health, and social work, examines the system’s response to the commercial sexual exploitation of children (CSEC), focusing on girls. It describes the issue and then examine the range of international, federal, state, and local laws and policies, aimed at aiding and enhancing prosecution of perpetrators of CSEC (i.e., pimps, johns), and at providing protection and services to its victims. The chapter argues that, as state and local authorities implement practice and policy for this population, the two central goals—law enforcement and victim protection—may conflict, creating ...


Children's Rights And Relationships: A Legal Framework, Francine Sherman, Hon. Jay Blitzman 2010 Boston College Law School

Children's Rights And Relationships: A Legal Framework, Francine Sherman, Hon. Jay Blitzman

Francine T. Sherman

This chapter provides an overview of United States children’s law, framed both in terms of autonomy-based and needs-based rights, and by the legal dynamic among child, parent, and state. The chapter highlights the law of juvenile justice and child welfare systems, and also examines law relevant to education and health care, two central institutions for children. The chapter proceeds ecologically, acknowledging that children’s lives, including their legal lives, are related to their families, communities, and the social institutions surrounding them. As such the chapter provides a readable introduction to children’s relationship with the law for both lawyers ...


Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo 2010 Boston College Law School

Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo

Paulo Barrozo

Because of the continued dominance of consequentialist views, the deontological paradigm that emerges in the form of a human rights approach to adoption faces two major and partially connected obstacles. First, and despite the fact that the human rights approach has found compelling advocates, its jurisprudential basis has yet to be fully articulated. And in part because of insufficient theorization, the emerging deontological adoption is constantly at risk of being rhetorically and practically subsumed or engulfed by the resilient consequentialist-cum-charity paradigm. This article addresses these two obstacles, laying out the foundations of a deontological theory of adoption.After the Introduction ...


The Role Of Gender In Youth Systems: Grace's Story, Francine Sherman, Jessica Greenstone 2010 Boston College Law School

The Role Of Gender In Youth Systems: Grace's Story, Francine Sherman, Jessica Greenstone

Francine T. Sherman

This chapter —written from a legal and developmental perspective —describes the experiences of ‘‘Grace,’’ a teenage girl involved with multiple public systems, including juvenile justice. Through detailed analysis of primary interview data with Grace and others responsible for her care and supervision, and of court case material. The chapter sheds light on how Grace’s actions were interpreted and the responses they evoked. The case study includes recommendations for implementing gender-responsive principles across these systems.


Juvenile Justice: Advancing Research, Policy, And Practice, Francine Sherman, Francine Jacobs 2010 Boston College Law School

Juvenile Justice: Advancing Research, Policy, And Practice, Francine Sherman, Francine Jacobs

Francine T. Sherman

This accessible, edited volume reflects the multiplisciplinary, multisectoral nature of juvenile justice, including chapters by leaders in the fields of child development, law, public health, education, advocacy, and public administration. The voices of scholars, parents, administrators, and youth are woven into its fabric; it offers several complementary theoretical lenses through which to understand the behavior of youth involved with the juvenile justice system, and provides a range of promising and proven practical approaches to juvenile justice policy, programming, and evaluation.

The book is organized ecologically into four sections: Framing the Issues, Understanding Individual Youth, Understanding Youth in Context, and Working ...


Evidence On The Effectiveness Of Juvenile Court Sanctions, Daniel P. Mears, Joshua C. Cochran, Sarah J. Greenman, Avinish S. Bhati, Mark A. Greenwald 2010 Hamline University

Evidence On The Effectiveness Of Juvenile Court Sanctions, Daniel P. Mears, Joshua C. Cochran, Sarah J. Greenman, Avinish S. Bhati, Mark A. Greenwald

Sarah Greenman

The past decade has been witness to a proliferation of calls for evidence-based juvenile court sanctions—including various programs, interventions, services, and strategies or approaches—that reduce recidivism and improve mental health, drug dependency, and education outcomes. At the same time, an emerging body of work has identified “proven,” “evidence-based,” “best practice,” or, more generally, “effective” efforts to achieve these outcomes. Even so, grounds for concern exist regarding the evidence-base for these and other sanctions.


Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace 2010 University of California, Davis

Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace

Lisa R Pruitt

Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.

Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not ...


Judging Parents, Judging Place: Poverty, Rurality And Termination Of Parental Rights, Lisa R. Pruitt, Janet L. Wallace 2010 University of California, Davis

Judging Parents, Judging Place: Poverty, Rurality And Termination Of Parental Rights, Lisa R. Pruitt, Janet L. Wallace

Lisa R Pruitt

Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.

Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not ...


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