Federal Child Welfare Legislation.,
2010
University of Michigan Law School
Federal Child Welfare Legislation., Frank Vandervort
Book Chapters
This chapter provides a brief overview of federal statutes that impact the practice of child welfare law. Since the enactment of the Child Abuse Prevention and Treatment Act in 1974 (CAPTA), the federal government has played an ever increasing role in handling child maltreatment cases.
Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia,
2010
University of Richmond
Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie
Richmond Public Interest Law Review
This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-toteen sexting. The General Assembly may soon seek to adjust the Code of Virginia to better address teen-on-teen sexting. The second part of this comment will consider the options put forth by the Virginia State Crime Commission report and at different legislative "fixes" that have …
What Are We Doing To The Children?: An Essay On Juvenile (In)Justice,
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.
Social Welfare And Fairness In Juvenile Crime Regulation,
2010
Columbia Law School
Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg
Faculty Scholarship
The question of how lawmakers should respond to developmental differences between adolescents and adults in formulating juvenile crime policy has been the subject of debate for a generation. A theme of the punitive law reforms that dismantled the traditional juvenile justice system in the 1980s and 1990s was that adolescents were not different from adults in any way that was relevant to criminal punishment – or at least that any differences were trumped by the demands of public safety. But this view has been challenged in recent years; scholars and courts have recognized that adolescents, due to their developmental immaturity, …
What Does Graham Mean In Michigan?,
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.
Crow Dog Vs. Spotted Tail: Case Closed,
2010
Washtenaw County Circuit Court
Crow Dog Vs. Spotted Tail: Case Closed, Timothy Connors, Vivek Sankaran
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 …
Introduction: Challenging The School-To-Prison Pipeline,
2010
New York Law School
Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer
NYLS Law Review
No abstract provided.
Decriminalizing Students With Disabilities,
2010
University of Tennessee College of Law
Decriminalizing Students With Disabilities, Dean Hill Rivkin
NYLS Law Review
No abstract provided.
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District,
2010
American Civil Liberties Union
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim
NYLS Law Review
No abstract provided.
Controlling Partners: When Law Enforcement Meets Discipline In Public Schools,
2010
Strategies for Youth
Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald
NYLS Law Review
No abstract provided.
The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth,
2010
Juvenile Law Center, Philadelphia, Pennsylvania
The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody
NYLS Law Review
No abstract provided.
Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency,
2010
Columbia Law School
Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency, Joshua Gupta-Kagan
Faculty Scholarship
Abuse and neglect cases involve constantly changing facts. They “are unlike civil cases, which typically involve only facts gone by ... The ultimate parties in interest are the [children] themselves. And for them, their lives are ... ongoing event[s].” A child’s need to return to his parent may ebb or flow. His parent’s fitness may improve, regress, or remain the same. Federal law, followed in all states that wish to receive federal funds to support foster care, requires regular permanency hearings so family courts can make decisions based on evolving factual situations. These decisions, and the lack of greater procedural …
The Contradictions Of Juvenile Crime & Punishment,
2010
Columbia Law School
The Contradictions Of Juvenile Crime & Punishment, Jeffrey Fagan
Faculty Scholarship
This essay explores the contradictions and puzzles of modern juvenile justice, and illustrates the enduring power of the child-saving philosophy of the juvenile court in an era of punitiveness toward offenders both young and old. The exponential growth in incarceration in the U.S. since the 1970s has been more restrained for juveniles than adults, even in the face of a youth violence epidemic that lasted for nearly a decade. Rhetoric has grown harsher in the wake of moral panics about youth crime, juvenile codes now express the language of retribution and incapacitation, yet the growth in incarceration of juveniles was …
A Hidden Crisis: The Need To Strengthen Representation Of Parents In Child Protective Proceedings,
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 …
Defending Juveniles Facing Life Without Parole In Michigan,
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.
Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families,
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.
Family Solidarity Versus Social Solidarity In The United States,
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,
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 …
Aking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation,
2009
Georgia State University College of Law
Aking 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, …
Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation,
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, …