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Megan's Law And Sarah's Law: A Comparative Study Of Sex Offender Community Notification Schemes In The United States And The United Kingdom, Lissa Griffin 2010 Elisabeth Haub School of Law at Pace University

Megan's Law And Sarah's Law: A Comparative Study Of Sex Offender Community Notification Schemes In The United States And The United Kingdom, Lissa Griffin

Pace Law Faculty Publications

The United Kingdom developed a sex offender register and Sarah's Law' in an effort to keep communities safe from sex offenders. However, Sarah's Law is quite different from Megan's Law, particularly because there is no direct public access to the United Kingdom's Sex Offender Register. Part II of this article analyzes the history of sex offender registration and community notification under Megan's Law in the United States. Part III examines the United Kingdom's approach to sex offender registration and community notification via Sarah's Law. Part IV explores the distinctly different approaches to community ...


Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman 2010 Elisabeth Haub School of Law at Pace University

Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman

Pace Law Faculty Publications

This article examines the Supreme Court’s student speech framework and argues that, in focusing exclusively on the types of student speech that can be restricted, the framework fails to build in any differentiation as to how such speech can be restricted. This is true even though there are two very distinct types of speech restrictions in schools: suppression of the speech itself; and after-the-fact punishment of the student speaker. As the student speech landscape itself gets more complex – given schools’ experimentation with new disciplinary regimes along with the tremendous rise in student cyber-speech – the blurring of that distinction has ...


Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz 2010 Valparaiso University School of Law

Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz

Law Faculty Publications

No abstract provided.


A Hidden Crisis: The Need To Strengthen Representation Of Parents In Child Protective Proceedings, Vivek Sankaran 2010 University of Michigan Law School

A Hidden Crisis: The Need To Strengthen Representation Of Parents In Child Protective Proceedings, Vivek Sankaran

Articles

A national consensus is emerging that zealous legal representation of parents is crucial in ensuring that the child welfare system produces just outcomes for children. National groups, inclucing the Pew Commission on Children in Foster Care, the American Bar Association Center on Children and the Law, and the National Association of Counsel for Children, have been outspoken on the need to strengthen legal advocacy on behalf of parents, and a number of states-including Colorado, Connecticut,' and Washington7 have initiated efforts to comprehensively reform their systems of appointing lawyers for indigent parents to better serve families. A national movement is afoot ...


The Juvenile "Injustice" System: A Multi-Perspective Look At The Current State Of The American Juvenile Justice System, Alex Dean 2010 Fort Hays State University

The Juvenile "Injustice" System: A Multi-Perspective Look At The Current State Of The American Juvenile Justice System, Alex Dean

Master of Liberal Studies Research Papers

At the tail end of the 19th Century, a new and unique concept of a specialized institution for the treatment of juveniles within the legal system emerged within the fabric of American society. This institution became known as the Juvenile Justice System. Today, juvenile justice systems are in place within many countries; and while some developed prior to the birth of the American juvenile justice system, many were developed with the American system as a foundational blueprint. Ironically, given the importance of being a unique concept that influenced several justice institutions world wide, very little instruction pertaining to the American ...


Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion, John E.B. Myers 2010 Pacific McGeorge School of Law

Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar 2010 John Marshall Law School

International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar

The John Marshall Law Review

No abstract provided.


What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar 2010 Duke Law School

What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar

Faculty Scholarship

No abstract provided.


What Does Graham Mean In Michigan?, Kimberly A. Thomas 2010 University of Michigan Law School

What Does Graham Mean In Michigan?, Kimberly A. Thomas

Articles

In Graham v. Florida, the United States Supreme Court held that life without parole could not be imposed on a juvenile offender for a nonhomicide crime.1 In this context, the Graham Court extensively discussed the diminished culpability of juvenile criminal defendants, as compared to adults. The Court relied on current scientific research regarding adolescent development and neuroscience. While the narrowest holding of Graham has little impact in Michigan, the science it relies on, and the potential broader implications for adolescents in Michigan, are significant.


Defending Juveniles Facing Life Without Parole In Michigan, Kimberly A. Thomas 2010 University of Michigan Law School

Defending Juveniles Facing Life Without Parole In Michigan, Kimberly A. Thomas

Articles

In Graham v. Florida, the United State Supreme Court held that life without parole could not be imposed on a juvenile offender for a non-homicide crime. This article discusses the challenges, under the Eighth Amendment and the Michigan Constitution, to the sentence of life without parole imposed on someone 17 years old or less.


Crow Dog Vs. Spotted Tail: Case Closed, Vivek Sankaran, Timothy Connors 2010 University of Michigan Law School

Crow Dog Vs. Spotted Tail: Case Closed, Vivek Sankaran, Timothy Connors

Articles

In 1868, Chief Spotted Tail signed a United States government treaty with an X. Spotted Tail was a member of the Brule Sioux Tribe, related by marriage to Crazy Horse. The government treaty recognized the Black Hills as part of the Great Sioux reservation. As such, exclusive use of the Black Hills by the Sioux people was guaranteed. Monroe, Michigan, native Gen. George Custer changed all that. In 1874, he led an expedition into that protected land, announced the discovery of gold, and the rush of prospectors followed. Within two years, Custer attacked at Little Big Horn and met his ...


“And I Don't Know Why It Is That You Threw Your Life Away”: Abolishing Life Without Parole, The Supreme Court In Graham V. Florida Now Requires States To Give Juveniles Hope For A Second Chance, Leslie Culver 2009 California Western School of Law

“And I Don't Know Why It Is That You Threw Your Life Away”: Abolishing Life Without Parole, The Supreme Court In Graham V. Florida Now Requires States To Give Juveniles Hope For A Second Chance, Leslie Culver

Leslie P Culver

Terrance Graham pled guilty to armed burglary with assault or battery and attempted armed robbery when he was sixteen years old. He was sentenced to prison for the rest of his life. Like Roe v. Wade made history by forcing this country to consider the morality of abortion, so too will the United States Supreme Court's decision in Graham v. Florida make history by challenging the morality of sentencing juveniles for the rest of their lives. After firmly abolishing the death penalty for all juvenile offenders under the age of eighteen, as a violation of the Eighth Amendment's ...


Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson 2009 Lund University

Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson

Titti Mattsson

No abstract provided.


Failure To Protect From Domestic Violence In Private Custody Contests, Leslie Harris 2009 University of Oregon School of Law

Failure To Protect From Domestic Violence In Private Custody Contests, Leslie Harris

Leslie J. Harris

All 50 states and the District of Columbia require courts to consider domestic violence committed by one parent against the other in resolving a custody or visitation dispute between the parents. A significant number of states also have statutes or case law that requires courts to consider the occurrence of violence in a child’s household or proposed household in resolving such disputes, regardless of who commits the violence or at whom it is directed. This kind of law may be used against a parent, often a victim, who fails to protect a child from being exposed to the violence ...


Punishment & Student Speech: Straining The Reach Of The First Amendment, James Ianelli 2009 Harvard Law School

Punishment & Student Speech: Straining The Reach Of The First Amendment, James Ianelli

James Ianelli

No abstract provided.


Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres 2009 Georgia State University College of Law

Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres

Jonathan Todres

Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention - the ultimate goal - and addressing these problems in a comprehensive and systematic manner. Instead, efforts to ...


Family Solidarity Versus Social Solidarity In The United States, Sanford N. Katz 2009 Boston College Law School

Family Solidarity Versus Social Solidarity In The United States, Sanford N. Katz

Sanford N. Katz

No abstract provided.


Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce MacDougall 2009 University of British Columbia

Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall

Donn Short

Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual ...


The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman 2009 University of North Carolina at Chapel Hill

The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman

Deborah M. Weissman

The Cuban revolution has been described as “the longest running social experiment” in history, and one not well-received in the United States. The U.S. government responded to the revolution first with suspicion, and then hostility. Even while the current administration has acknowledged the failure of U.S. policy, few substantive changes have been announced and the narrative of Cuba in the United States continues to dwell almost exclusively on political repression and economic failure. The Cuban revolution, however, is a complex process, one that defies facile explanations. This article subscribes to the perspective offered by social scientists who urge ...


Delinquency And Daycare, David R. Katner 2009 Tulane Law School

Delinquency And Daycare, David R. Katner

David R Katner

No abstract provided.


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