Open Access. Powered by Scholars. Published by Universities.®

Juveniles Commons

Open Access. Powered by Scholars. Published by Universities.®

1,312 Full-Text Articles 1,196 Authors 548,552 Downloads 103 Institutions

All Articles in Juveniles

Faceted Search

1,312 full-text articles. Page 1 of 26.

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq. 2016 Streetwise and Safe

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.

Brendan M. Conner

The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...


Chief Justice O'Connor's Juvenile Justice Jurisprudence: A Consistent Approach To Inconsistent Interests, Yvette McGee-Brown, Kimberly Jolson 2015 University of Akron

Chief Justice O'Connor's Juvenile Justice Jurisprudence: A Consistent Approach To Inconsistent Interests, Yvette Mcgee-Brown, Kimberly Jolson

Akron Law Review

No abstract provided.


Defining The Role Of Law Guardian In New York State By Statute, Standards And Case Law, Diane Somberg 2015 Touro College Jacob D. Fuchsberg Law Center

Defining The Role Of Law Guardian In New York State By Statute, Standards And Case Law, Diane Somberg

Touro Law Review

No abstract provided.


R V Fearon Case Commentary, Western Journal of Legal Studies Editorial Board 2015 Western University

R V Fearon Case Commentary, Western Journal Of Legal Studies Editorial Board

Western Journal of Legal Studies

The widespread use of smart phones and similar devices for data management has created significant constitutional and criminal law issues. This is evident in the context of protection by the Charter with respect to unreasonable search and seizure. When an individual’s section 8 rights are breached, an assessment of the admissibility of evidence under section 24(2) of the Charter is required. In R v Fearon, the Supreme Court of Canada established new limits on the police power to search cell phones and similar devices incident to arrest. Cromwell J stated that these measures do not “represent the only ...


Afghan Juvenile Code In Practice: Assessing Against International Juvenile Law, Christopher W. Carlson Jr. 2015 George Washington University Law School

Afghan Juvenile Code In Practice: Assessing Against International Juvenile Law, Christopher W. Carlson Jr.

Christopher W. Carlson Jr.

This Article assesses and compares Afghanistan’s juvenile procedures with the systems and norms advocated by the United Nations (“UN”). The Afghan Juvenile Code of 2005 is compared with the UN Convention on the Rights of the Child’s four key guidelines. The four guidelines include: (1) imprisonment of juveniles “shall be used only as a measure of last resort”; (2) any such imprisonment shall be “for the shortest appropriate period of time”; (3) juveniles who are in prison shall be “separated from adults”; and (4) they shall have the right to maintain “family contact.” These guidelines serve as a ...


Abandoning The Status Quo: Towards Uniform Application Of Special Immigrant Juvenile Status, Gregory Catangay 2015 University of San Diego School of Law

Abandoning The Status Quo: Towards Uniform Application Of Special Immigrant Juvenile Status, Gregory Catangay

Gregory Catangay

The accompanying Article identifies and analyzes the causes of unequal application of the Special Immigrant Juvenile Status (SIJS) program and argues for a federal takeover of the program. The Article highlights the current immigration crisis and the plight of unaccompanied minors seeking a better life in the United States. These minors may be eligible for permanent legal status in the United States through the SIJS program. Although SIJS is a federal remedy, variations in state law and interpretation of SIJS requirements exclude eligible minors.

In order to be eligible for the SIJS program, a state trial court must find that ...


Big Brother As Parent: Using Surveillance To Patrol Students’ Internet Speech, Catherine E. Mendola 2015 Boston College Law School

Big Brother As Parent: Using Surveillance To Patrol Students’ Internet Speech, Catherine E. Mendola

Boston College Journal of Law & Social Justice

With the pervasiveness of the Internet in students’ lives, schools are frequently disrupted by their students’ online speech, whether through threats of violence, cyberbullying, or discussion of self-harm. To combat and minimize these disturbances, some schools are turning to third-party surveillance companies to monitor students’ Internet posts for potentially harmful speech. The U.S. Supreme Court has never addressed a school’s relationship to its students’ Internet postings. In the absence of Supreme Court guidance, lower courts rely primarily on a 1969 free speech ruling from Tinker v. Des Moines Independent Community School District, which asks whether a student’s ...


Judicial Approaches To Special Education: Residential Placements For Children With Mental Illness Under Idea, Ben Conway 2015 UC Irvine School of Law

Judicial Approaches To Special Education: Residential Placements For Children With Mental Illness Under Idea, Ben Conway

UC Irvine Law Review

No abstract provided.


Jury Sentencing And Juveniles: Eighth Amendment Limits And Sixth Amendment Rights, Sarah French Russell 2015 Quinnipiac University School of Law

Jury Sentencing And Juveniles: Eighth Amendment Limits And Sixth Amendment Rights, Sarah French Russell

Boston College Law Review

Across the country, states are grappling with how to comply with the U.S. Supreme Court’s recent decision in Miller v. Alabama, which held that mandatory life-without-parole sentences for juveniles violate the Eighth Amendment. Following Miller, it appears a sentencer may impose life without parole on a juvenile homicide offender only in those rare instances in which the sentencer determines, after considering the mitigating qualities of youth, that the juvenile’s crime reflects “irreparable corruption.” Courts are preparing to conduct resentencing hearings in states nationwide, and new cases where juveniles face the possibility of life in prison are entering ...


The Kids Are Not All Right: Using The Best Interest Standard To Prevent Parental Alienation And A Therapeutic Intervention Approach To Provide Relief, Kelly Schwartz 2015 Boston College Law School

The Kids Are Not All Right: Using The Best Interest Standard To Prevent Parental Alienation And A Therapeutic Intervention Approach To Provide Relief, Kelly Schwartz

Boston College Law Review

Parental alienation, when one parent engages in behaviors to turn a child against the other parent, is a serious problem. Such behavior can manifest following a parents’ divorce or separation and can have long-lasting and damaging effects on children. Although both family law and tort law offer various remedies for parental alienation, this Note argues that parental alienation is best handled through family law. Accordingly, the best interest of the child standard should be modified to include parental alienation to prevent it from occurring in the first place. Additionally, courts should utilize the therapeutic intervention approach to mitigate the harms ...


Strengthening Juvenile Rights Or Doing The Opposite: The Legal Mysteries Of The Chinese Juvenile Justice System Behind The “Li Gang-Rape Case”, Hongwei Zhang 2015 Guangxi University

Strengthening Juvenile Rights Or Doing The Opposite: The Legal Mysteries Of The Chinese Juvenile Justice System Behind The “Li Gang-Rape Case”, Hongwei Zhang

Hongwei Zhang

ABSTRACT

After three-decade expansion since 1984, Chinese juvenile justice, largely seen as subsystem of general criminal justice, has reached to a good scale and idea of “giving priority to education and supplementing it with punishment” has served as a fundamental principle. Encouraged by these, more legal provisions have arisen to safeguard juvenile offender’ rights. However, the one-sided principle of education first and punishment second often ignores the legitimate requests arising from the victims and the general public are, in effect, not only drawing criticism to juvenile’s rights, they also might undermine the fairness and justice of society as a ...


Avoiding Juvenile Actions For Youth At Risk, Wanda L. Ward J. D. 2015 Birmingham City Schools, Birmingham, AL

Avoiding Juvenile Actions For Youth At Risk, Wanda L. Ward J. D.

National Youth-At-Risk Conference Savannah

Targeted Audience: Classroom Teachers, School Administrators, Counselors, Social Workers, Behavior Specialists, & Juvenile Probation Officers (JPO)

Brief Description: In this session participants will learn strategies that build trust and mutual respect necessary to establish and maintain positive school and community participation for students who may be at risk of dropping out of school and being caught up in the juvenile court system. Participants will learn techniques that can be used immediately for improving student’s attitudes and behavior.


"First, Do No Harm": Legal Guidelines For Health Programmes Affecting Adolescents Aged 10–17 Who Sell Sex Or Inject Drugs, Brendan M. Conner Esq. 2015 Streetwise and Safe

"First, Do No Harm": Legal Guidelines For Health Programmes Affecting Adolescents Aged 10–17 Who Sell Sex Or Inject Drugs, Brendan M. Conner Esq.

Brendan M. Conner

There is a strong evidence base that the stigma, discrimination and criminalization affecting adolescent key populations is intensified due to domestic and international legal constructs that rely on law-enforcement based interventions dependent upon arrest, pre-trial detention, incarceration and compulsory ‘‘rehabilitation’’ in institutional placement. While there exists evidence and rights-based technical guidelines for interventions among older cohorts, these guidelines have not yet been embraced by international public health actors for fear that international law applies different standards to adolescents who engage in behaviours such as selling sex or injecting drugs.

As a matter of international human rights, health, juvenile justice and ...


Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly 2015 Lincoln Memorial University, Duncan School of Law

Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly

Bruce L. Beverly

As the second of a series, this paper attempts to further explore the phenomenon of parental alienation in domestic relations cases by exploring the often frustrating position that many courts take with regard to blatant and obvious violations of the fundamental rights of parents to raise and know their children. Ofttimes, where courts have found the most blatant interference and harmful manipulation by one parent of the other parent's formerly close relationship with a child, the court either forces a detrimentally aligned child into the custody of the wrongfully vilified parent, thereby harming possible the child and that injured ...


Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka 2015 The Catholic University of America, Columbus School of Law

Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka

Catholic University Law Review

All states allow the public to anonymously report suspicions of child abuse or neglect to a toll free central phone number. An extensive examination of the policy and practices behind anonymous reporting hotlines indicates that they are widely unregulated and susceptible to abuse. The possible repercussions of an anonymous phone call create costs to the family and society which do not outweigh the potential benefit of allowing anonymous public reports. Under the guise of protecting children, the law has developed in such a way that it infringes on the fundamental rights of parents and children. At the same time, anonymous ...


Show And Tell?: Students' Personal Lives, Schools, And Parents, Emily Gold Waldman 2015 Pace University School of Law

Show And Tell?: Students' Personal Lives, Schools, And Parents, Emily Gold Waldman

Pace Law Faculty Publications

Public schools learn about their students' personal lives in many ways. Some are passive: a teacher observes a student kissing someone, or overhears a conversation among friends. But schools also engage in more active information-gathering about students' personal lives, through surveys and informal conversations between students and teachers, administrators, school psychologists, counselors, coaches, and other personnel. This Article explores the competing privacy considerations that result from such encounters. Once schools have learned highly personal information about their students, does it violate those students' privacy rights to disclose that information to their parents? Or does keeping the information secret violate the ...


Unhappy Meals: Sex Discrimination In Toy Choice At Mcdonald’S, Ian Ayres, Antonia Rose Ayres-Brown 2015 College of William & Mary Law School

Unhappy Meals: Sex Discrimination In Toy Choice At Mcdonald’S, Ian Ayres, Antonia Rose Ayres-Brown

William & Mary Journal of Women and the Law

This Essay reports on a commonplace form of sex discrimination that we unsuccessfully challenged in a lawsuit before the Connecticut Human Rights Commission. In a small-scale pilot study that we conducted 5 years ago (which was the basis of our initial complaint) and in a follow-up study conducted in 2013, we found that McDonald’s franchises, instead of asking drive-through customers ordering a Happy Meal about their toy preference, asked the customer for the sex of the customer’s child (“Is it for a boy or a girl?”) and then gave different types of toys for each sex. Moreover, our ...


Must Be 18 Or Older: How Current Domestic Violence Policies Dismiss Teen Dating Violence, Rebecca Pensak 2015 College of William & Mary Law School

Must Be 18 Or Older: How Current Domestic Violence Policies Dismiss Teen Dating Violence, Rebecca Pensak

William & Mary Journal of Women and the Law

No abstract provided.


Ambiguous-Purpose Statements Of Children And Other Victims Of Abuse Under The Confrontation Clause, Paul F. Rothstein 2015 Georgetown university

Ambiguous-Purpose Statements Of Children And Other Victims Of Abuse Under The Confrontation Clause, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The author examines in this paper two kinds of ambiguous-purpose out-of-court statements that are especially problematic under current Confrontation law--problematic in ways that we hope will be solved directly or indirectly by the Supreme Court when it renders its decision in Ohio v. Clark. The statements he examines are:

(1) Statements made by abused children concerning their abuse, for example to police, physicians, teachers, welfare workers, baby sitters, or family members, some of whom may be under a legal duty to report suspected abuse to legal authorities. At least some of these statements will be directly addressed by the Court ...


Juvenile "Accountability": An Overused Argument., Kelly X. Ranasinghe 2015 Attorney

Juvenile "Accountability": An Overused Argument., Kelly X. Ranasinghe

Kelly X Ranasinghe

No abstract provided.


Digital Commons powered by bepress