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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 ...


Behind The Venire: Rationale, Rewards And Ramifications Of Heightened Scrutiny And The Ninth Circuit’S Extension Of Equal Protection To Gays And Lesbians During Jury Selection In Smithkline V. Abbott, James Lobo 2015 Boston College Law School

Behind The Venire: Rationale, Rewards And Ramifications Of Heightened Scrutiny And The Ninth Circuit’S Extension Of Equal Protection To Gays And Lesbians During Jury Selection In Smithkline V. Abbott, James Lobo

Boston College Law Review

On January 21, 2014, in SmithKline v. Abbott, the U.S. Court of Appeals for the Ninth Circuit held that heightened scrutiny applies to classifications based on sexual orientation, and equal protection forbids striking jurors because they are gay or lesbian. The Ninth Circuit interpreted the Supreme Court’s recent analysis in United States v. Windsor as applying heightened scrutiny, rather than rational basis review that has historically been used to assess issues surrounding sexual orientation. The Ninth Circuit also reasoned that given the historical exclusion and pervasive discrimination of gays and lesbians, this group requires equal protection. This Comment ...


The "Once An Adult, Always An Adult" Doctrine: More Harm Than Good, Kaitlin Pegg 2015 Maurer School of Law: Indiana University

The "Once An Adult, Always An Adult" Doctrine: More Harm Than Good, Kaitlin Pegg

Indiana Journal of Law and Social Equality

This Note focuses on the negative effects of the “once an adult, always an adult” doctrine, one mechanism through which juveniles convicted of a crime can be transferred to adult court. The doctrine, enacted in a majority of states, provides that children who have been previously transferred to adult court by a judge or prosecutor, or because of statutory exclusion of certain crimes from juvenile jurisdiction, will be transferred for all subsequent crimes, regardless of severity.

When juveniles convicted of crimes are transferred to the adult court system, they are subject to a wide array of harsh punishments unavailable in ...


Do Not Pass Go And Do Not Collect $200: Denying Medical Insurance To Parents Who Register Themselves Before Registering Their Children, Amanda Hamm 2015 College of William & Mary Law School

Do Not Pass Go And Do Not Collect $200: Denying Medical Insurance To Parents Who Register Themselves Before Registering Their Children, Amanda Hamm

William & Mary Journal of Women and the Law

No abstract provided.


Cross-Racial Misidentification: A Call To Action In Washington State And Beyond, Taki V, Flevaris, Ellie F. Chapman 2015 Seattle University School of Law

Cross-Racial Misidentification: A Call To Action In Washington State And Beyond, Taki V, Flevaris, Ellie F. Chapman

Seattle University Law Review

Research indicates eyewitness identifications are incorrect approximately one-third of the time in criminal investigations. For years, this phenomenon has significantly contributed to wrongful convictions all over the country, including in Washington State. But jurors, attorneys, and police remain unaware of the nature and extent of the problem and continue to give undue weight to eyewitness evidence. Experts have estimated that approximately 5,000–10,000 felony convictions in the United States each year are wrongful, and research suggests that approximately 75% of wrongful convictions involve eyewitness misidentification. The phenomenon of eyewitness misidentification is also amplified and most troublesome in the ...


A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton 2015 Seattle University School of Law

A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton

Seattle University Law Review

Every day, Asylum Officers (AOs) and Immigration Judges (IJs) hear cases to determine if the asylum seeker has a genuine claim to protection under the Refugee Act, which prohibits returning a refugee to a country where her life or freedom is threatened due to race, religion, political opinion, nationality, or membership in a particular social group. AOs and IJs are aware that their decision may mean life or death for an asylum seeker. They are also aware that false claims are “distressingly common,” that unscrupulous attorneys and unauthorized practitioners of immigration law have perpetrated fraudulent asylum schemes, and that granting ...


Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin 2015 University of Tennessee - Knoxville

Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin

College of Law Faculty Scholarship

Exhibits to accompany testimony and statement-of-record of Professor Dean Hill Rivkin (The University of Tennessee College of Law), as submitted on April 21, 2015, before a hearing convened by the U.S. Senate Committee on the Judiciary: “Improving Accountability and Oversight of Juvenile Justice Grants.”


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 ...


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