Battling School Violence With Mediation Technology ,
2012
Pepperdine University
Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal
Pepperdine Dispute Resolution Law Journal
As we begin the Twenty-First Century public schools have become dangerous places, and not just high schools. Children as young as ten and eleven have brought the system to its knees by shooting down their teachers and fellow students on campus. No one is talking about "juvenile delinquency" anymore. We are hearing and talking about lethal incidents of juvenile violence among all social classes and races, suburban and inner city youth alike. This paper is a discussion of various issues surrounding school violence and its implications for our children. Our focus is to: (1) determine the root causes of extreme …
The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida,
2012
Nova Southeastern University - Shepard Broad Law Center
The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg
Faculty Scholarship
This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …
The Paradox Of Statutory Rape,
2012
University of Tulsa College of Law
The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher
Indiana Law Journal
What once protected only virginal girls under the age of ten now also protects sexually aggressive males under the age of eighteen. While thirteenth-century statutory rape law had little reason to address the unthinkable possibility of chaste nine-year-old girls raping adult men, twenty-first-century statutory rape law has failed to address the modern reality of distinctly unchaste seventeen-year-old males raping adult women. Despite dramatically expanding statutory rape’s protected class, the minimalist thirteenth-century conception of the offense remains largely unchanged—intercourse with a juvenile. Overlooked is the new effect of this centuries-old offense—a sexually aggressive seventeen-year-old raping an adult now exposes the adult …
You Have The Right To Remain Thirteen: Considering Age In Juvenile Interrogations In J.D.B. V. North Carolina,
2012
University at Buffalo School of Law (Student)
You Have The Right To Remain Thirteen: Considering Age In Juvenile Interrogations In J.D.B. V. North Carolina, Nicole J. Ettlinger
Buffalo Law Review
No abstract provided.
Purpose Vs. Power: Parens Patriae And Agency Self-Interest,
2012
University of Baltimore School of Law
Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher
All Faculty Scholarship
The purpose of human service agencies to serve vulnerable populations such as abused and neglected children derives from the common law doctrine of parens patriae, embodying the inherent role of the state as parent of the country. However, along with this foundational purpose, the parens patriae doctrine also provides power that is illusive to public knowledge and oversight. To maintain their cloak of power, the very agencies created to fulfill the parens patriae obligations — to protect the rights of children — have systematically battled the children’s efforts to claim those rights as their own. Also, the agencies have now …
Every Adolescent Deserves A Parent,
2012
University of Richmond
Every Adolescent Deserves A Parent, Dale Margolin Cecka
Law Faculty Publications
This article argues that all adolescents, indeed all human beings, deserve at least one parent—one person who takes the good with the bad because that person’s life is intertwined with the child’s. The child matters to the parent in a way that a friend, nephew, or foster child may not. Child welfare professionals must never lose sight of this principle when they recruit, train, and maintain parents for adolescents. The parent can be someone who is already in the young person’s life or someone who has been unable to parent in the past, but is now ready to secure that …
Juvenile Justice And Racial Disproportionality: A Presentation To The Washington State Supreme Court,
2012
Seattle University School of Law
Juvenile Justice And Racial Disproportionality: A Presentation To The Washington State Supreme Court, Fred T. Korematsu Center For Law And Equality, Robert Chang
Fred T. Korematsu Center for Law and Equality
Juvenile Justice and Racial Disproportionality: A Presentation to the Washington State Supreme Court
On The Child's Need To Be One's Self,
2012
Brigham Young University Law School
On The Child's Need To Be One's Self, Ya'ir Ronen
Brigham Young University Journal of Public Law
No abstract provided.
Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System ,
2012
Pepperdine University
Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System , D. Brian Woo
Pepperdine Dispute Resolution Law Journal
In 2005, the United States Supreme Court held, in Roper v. Simmons, that the execution of convicted juveniles violated the Eighth Amendment's prohibition on cruel and unusual punishment. In addressing the issue, the Court determined that a national consensus had developed against the execution of juveniles. Ultimately, a majority of the court decided that a national public consensus had been reached against the execution of juveniles under 18 in age. With Roper, no longer can juveniles of any age be executed. This decision will undoubtedly affect the entire juvenile penal system, from how cases enter the system, to …
Spoliation In Child Welfare: Perspectives And Solutions,
2012
University of Richmond
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka
Law Faculty Publications
Author examines spoliation in child welfare litigation and provides ideas for preserving evidence and improvement record-keeping.
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later,
2012
University of Florida-Gainesville
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert
Federal Communications Law Journal
More than fifty years after the U.S. Supreme Court rendered its unanimous decision in Butler v. Michigan, the case remains a pivotal-if unheralded and perhaps underappreciated-victory for freedom of speech. This Article analyzes the Butler principle and demonstrates how courts repeatedly apply it across different media platforms and in a myriad of factually distinct contexts, ranging from prohibitions on the sale of sex toys to bans on beer bottles with offensive labels. The Article initially provides an in-depth look at Butler, drawing on literary scholarship, historical newspaper articles from the time of the case, and other sources. It then illustrates …
Graham On The Ground,
2012
University of Washington School of Law
Graham On The Ground, Cara H. Drinan
Washington Law Review
In Graham v. Florida, the U.S. Supreme Court held that it is unconstitutional to sentence a non-homicide juvenile offender to life in prison without parole. While states need not guarantee release to these juvenile offenders, they cannot foreclose such an outcome at the sentencing phase. Scholars have identified several long-term ramifications of Graham, including its likely influence on juvenile sentencing practices and on retributive justice theory. As yet unexamined, though, are the important and thorny legal questions that Graham raises for state judges and lawmakers in the very short term. To whom does the Graham decision apply? What …
The Historical, Jurisprudential, And Empirical Wisdom Of Parental Responsibility Laws,
2012
University of Nebraska-Lincoln
The Historical, Jurisprudential, And Empirical Wisdom Of Parental Responsibility Laws, Eve M. Brank, Leroy Scott
Department of Psychology: Faculty Publications
The parent-child relationship is woven deep within historical and contemporary culture, but strong retributive ideals have led to blaming parents because of their presumed vicarious role in juvenile crime. The current article will discuss the history, forms, legal challenges, and empirical research related to parental involvement laws in the United States. The parent-child relationship provides the historical framework behind the separate juvenile justice parens patriae system; however, with the juvenile justice system not as successful as originally imagined, blame has shifted to the parents. We examine the potential constitutional implications of enacting and enforcing parental involvement statutes and ordinances and …
Testimony, Institute Of Medicine Workshops: Commercial Sexual Exploitation Of Children/Sex Trafficking,
2012
Boston College Law School
Testimony, Institute Of Medicine Workshops: Commercial Sexual Exploitation Of Children/Sex Trafficking, Francine Sherman
Francine T. Sherman
No abstract provided.
Moderator And Speaker, The Legal Lives Of Girls,
2012
Boston College Law School
Moderator And Speaker, The Legal Lives Of Girls, Francine Sherman
Francine T. Sherman
No abstract provided.
Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship,
2012
Florida Coastal School of Law
Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin
University of Michigan Journal of Law Reform
This Article explores child pornography law in relation to teen sexting conduct. Recently, some teens who engaged in teen sexting have been convicted under child pornography laws and have been required to register as sexual predators. The criminalization of teens for developmentally typical behavior, mimicking the conduct of adults, can result in grave harm to most teens. Furthermore, the application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of child pornography. Photographs have an emblematic role in society-capturing and celebrating youth. Moreover, the creation of teen sexting images accompanies a teen's developmental …
Who's Bringing The Children?: Expanding The Family Exemption For Child Smuggling Offenses,
2012
UCLA School of Law
Who's Bringing The Children?: Expanding The Family Exemption For Child Smuggling Offenses, Rebecca M. Abel
Michigan Law Review First Impressions
Under immigration law, an alien smuggling offense takes place when one knowingly encourages, induces, assists, abets, or aids an alien to enter or to try to enter the United States. Committing this offense is cause for either removal or inadmissibility charges under the Immigration and Nationality Act ("INA"). In addition, a federal criminal conviction for alien smuggling under INA section 274(a)(1)(A) or 274(a)(2) classifies the immigrant as an aggravated felon, leading to near certain deportation. Although the INA levies harsh penalties against smugglers, the practice has not showed any signs of slowing. In 2010, the United States Border Patrol apprehended …
Symposium Speaker, Overpoliced And Underprotected: Women, Race And Criminalization,
2012
Boston College Law School
Symposium Speaker, Overpoliced And Underprotected: Women, Race And Criminalization, Francine Sherman
Francine T. Sherman
No abstract provided.
Foreword,
2012
Selected Works
Foreword, Francine T. Sherman, William Talley Jr
Francine T. Sherman
No abstract provided.
Meet The New Juvenile And Domestic Relations District Court,
2012
Selected Works
Meet The New Juvenile And Domestic Relations District Court, Ingrid Michelsen Hillinger
Ingrid Michelsen Hillinger
No abstract provided.
