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The Limits Of Child Pornography, Carissa Byrne Hessick 2014 Maurer School of Law: Indiana University

The Limits Of Child Pornography, Carissa Byrne Hessick

Indiana Law Journal

Although the First Amendment ordinarily protects the creation, distribution, and possession of visual images, the Supreme Court has declared that those protections do not apply to child pornography. But the Court has failed to clearly define child pornography as a category of speech. Providing a precise definition of the child pornography exception to the First Amendment has become increasingly important because recent years have seen a dramatic increase in the penalties associated with the creation, distribution, and possession of child pornography.

This Article proposes a clear definition of the child pornography exception. It argues that an image ought to fall ...


An Imminent Substantial Disruption: Towards A Uniform Standard For Balancing The Rights Of Students To Speak And The Rights Of Administrators To Discipline., Allison G. Kort 2014 SelectedWorks

An Imminent Substantial Disruption: Towards A Uniform Standard For Balancing The Rights Of Students To Speak And The Rights Of Administrators To Discipline., Allison G. Kort

Allison G Kort

ABSTRACT

An Imminent Substantial Disruption: Toward a Uniform Standard for Balancing the Rights of Students to Speak and the Rights of Administrators to Discipline.

By Allison Kort

Twenty-five years before the Supreme Court’s landmark school speech decision in Tinker v. Des Moines, 393 U.S. 503, 504 (1969), the Court cautioned against placing too much discretion in the hands of school boards. In Tinker, when students wore black armbands to protest the Vietnam War, the Supreme Court determined that student speech may not be censored when the record demonstrates no facts which would reasonably have led school authorities to ...


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Handbook On Juvenile Law In Zambia, Center for Law and Justice (Zambia), Cornell Law School. Avon Global Center for Women and Justice, Cornell Law School. International Human Rights Clinic 2014 Cornell Law Library

Handbook On Juvenile Law In Zambia, Center For Law And Justice (Zambia), Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

Juveniles who come into contact with the law are a particularly vulnerable group. They may be victims of abuse, in moral danger and in need of care, or unaware of their rights when they are accused of committing a crime. Zambia’s domestic laws recognize this vulnerability of juveniles and grant them special legal protections. One ongoing challenge for juvenile protection is the lack of a compendium on Zambian juvenile law.

To improve access to information on Zambian juvenile law, the Center for Law and Justice and Cornell Law School’s International Human Rights Clinic have co-authored this juvenile law ...


Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis 2014 Rutgers School of Law - Newark

Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis

Christina Lewis

No abstract provided.


Restructuring Local School Wellness Policies: Amending The Kids Act To Fight Childhood Obesity, Rebecca Edwalds 2014 University of Michigan Law School

Restructuring Local School Wellness Policies: Amending The Kids Act To Fight Childhood Obesity, Rebecca Edwalds

University of Michigan Journal of Law Reform

Childhood obesity is a major problem plaguing the United States. Over one-third of children are overweight, and there is little indication that this trend will reverse in the near future. The federal government has attempted to combat childhood obesity through the National School Lunch Act, which regulates the quality of foods federally subsidized schools may serve to children, and provides broad goals for physical activity. These basic goals leave extensive room for states to implement different standards, and they are not sufficient to effectively confront the childhood obesity problem. This Note proposes amendments to the National School Lunch Act that ...


Violent Video Games And The Rights Of Children And Parents: A Critique Of Brown V. Entertainment Merchants Association, Martin Guggenheim 2014 NELLCO

Violent Video Games And The Rights Of Children And Parents: A Critique Of Brown V. Entertainment Merchants Association, Martin Guggenheim

New York University Public Law and Legal Theory Working Papers

This Article closely examines the 2011 Supreme Court decision in Brown v. Entertainment Merchants Association, 131 S.Ct. 2729 (2011), which held that California’s effort to restrict children’s access to violent video games violated the First Amendment. The Article will show that the Supreme Court widely missed the mark in applying well-established First Amendment law to strike down California’s effort to limit a minor’s access to material reasonably deemed inappropriate by parents. The Court’s principal error was to mischaracterize the statute as a ban on the distribution of material deemed inappropriate by the Legislature. This ...


The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie 2014 Touro College Jacob D. Fuchsberg Law Center

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie

Touro Law Review

No abstract provided.


Making Chocolate Sweeter: How To Encourage Hershey Company To Clean Up Its Supply Chain And Eliminate Child Labor, Kathryn Manza 2014 Boston College Law School

Making Chocolate Sweeter: How To Encourage Hershey Company To Clean Up Its Supply Chain And Eliminate Child Labor, Kathryn Manza

Boston College International and Comparative Law Review

Child labor is a complex issue that deeply permeates cocoa production in West Africa. Multinational corporations, such as Hershey Company, are often in the best position to address child labor because these human rights violations occur within their own supply chains. The U.S. legislature can encourage multi-national corporations to address child labor through mandatory public disclosure and due diligence. This mandatory disclosure may encourage multinational corporations to use fair trade certification or sponsorship programs—solutions that keep children away from hazardous occupations while still addressing the root cause of child labor, poverty.


An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein 2014 Touro College Jacob D. Fuchsberg Law Center

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.


Family Court Of New York, Nassau County - In Re S.S., Steven Fox 2014 Touro College Jacob D. Fuchsberg Law Center

Family Court Of New York, Nassau County - In Re S.S., Steven Fox

Touro Law Review

No abstract provided.


Sexual Violence By Educators In South African Schools: Gaps In Accountability, University of the Witwatersrand. Centre for Applied Legal Studies, Cornell Law School. Avon Global Center for Women and Justice, Cornell Law School. International Human Rights Clinic 2014 Cornell Law Library

Sexual Violence By Educators In South African Schools: Gaps In Accountability, University Of The Witwatersrand. Centre For Applied Legal Studies, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

In many South African schools, educators have sexually harassed and abused the learners in their care. This serious human rights violation is widespread and well known. However, its actual incidence is difficult to determine as many cases of educator-learner abuse are never reported. Such harassment and abuse – which occurs with frequency not only in South Africa but also worldwide – has devastating consequences for the health and education of the learners, mainly girls, who experience it. Over the past decade, South Africa has adopted important laws and policies to address this grave human rights problem, yet sexual violence persists in South ...


Confronting A Double-Edged Sword: Providing Bullies Due Process Protections Without Undercutting Massachusetts’ Efforts To Combat Bullying, Casey B. Nathan 2014 Boston College Law School

Confronting A Double-Edged Sword: Providing Bullies Due Process Protections Without Undercutting Massachusetts’ Efforts To Combat Bullying, Casey B. Nathan

Boston College Journal of Law & Social Justice

In 2012, the Massachusetts legislature enacted Chapter 71, Section 37H3/4 of the Massachusetts General Laws, ensuring that students facing long-term suspensions or expulsions receive additional rights during disciplinary hearings. The Massachusetts law entitles accused students to representation by counsel and allows for the cross-examination of student witnesses. Unfortunately, awarding these additional rights undermines the necessary efforts taken by the state to address school bullying. Nevertheless, without these rights, accused bullies have little recourse to address unfair or inaccurate allegations at their school hearings. Ultimately, this Note proposes a solution to protect victims from the trauma of cross-examination by the ...


The Reentry Of Young Offenders: A Look At Successful Reintegration, Samantha Bellmore 2014 McMaster University

The Reentry Of Young Offenders: A Look At Successful Reintegration, Samantha Bellmore

Open Access Dissertations and Theses

This qualitative study looks at the experiences of youth reentering their communities after serving a custodial sentence. Interviews were conducted from the perspectives of five key informants, including youth counselors and probation officers. Based on these conversations, the nuances of youth reentry were explored in-depth. These pages contain personal stories regarding the successes and challenges that come with reentry and reentry programming. Based on the findings and relevant literature, recommendations and suggestions on how to improve reentry are made. Further, in contrast to dominant recidivism-based understandings of success, this study promotes a more holistic understanding of successful reentry outcomes.


Special Kids, Special Parents, Special Education, Karen Syma Czapanskiy 2014 University of Michigan Law School

Special Kids, Special Parents, Special Education, Karen Syma Czapanskiy

University of Michigan Journal of Law Reform

Many parents are raising children whose mental, physical, cognitive, emotional, or developmental issues diminish their capacity to be educated in the same ways as other children. Over six million of these children receive special education services under mandates of the Individuals with Disabilities Education Act, called the IDEA. Once largely excluded from public education, these children are now entitled to a “free appropriate public education,” or FAPE. This Article argues that the promise of the IDEA cannot be realized unless more attention is paid to the child’s parents. Under the IDEA, as in life, the intermediary between the child ...


Trends In Juvenile Delinquency, David L. Jones Mr. 2014 Northern Michigan University

Trends In Juvenile Delinquency, David L. Jones Mr.

NMU Master's Theses

ABSTRACT

TRENDS IN JUVENILE DELINQUENCY

By

David L. Jones

This is a study on trends in juvenile delinquency. The research proposal mentions, within the introduction, factors such as unemployment rates, high school dropout rates, poverty, and juvenile delinquency case rates in the United States, which are actually the variables that are used in the study to illustrate a relationship between them and the current trend in juvenile delinquency. In establishing the link, the paper does a brief literature review of various perspectives associated with juvenile delinquency and mentions some hypotheses that are relevant to the study. Further, the paper gives ...


Protecting The Innocent With A Premium For Child Safety Regulations, Jacob P. Byl 2014 University of Massachusetts School of Law

Protecting The Innocent With A Premium For Child Safety Regulations, Jacob P. Byl

University of Massachusetts Law Review

Federal agencies regulate many products and activities that impact the safety of children. Agencies should put a premium on saving the lives of children when analyzing the costs and benefits of proposed regulations. This note uses original evidence from the infant car seat market to determine that a child-specific benefit measure should be one and a half to two times that of an adult. A child premium will encourage more regulations that protect the safety of our society's most precious and innocent members.


The Long Journey Home: Ceuellar De Osorio V. Mayorkas And The Importance Of Meaningful Judicial Review In Protecting Immigrant Rights, Kaitlin J. Brown 2014 Boston College Law School

The Long Journey Home: Ceuellar De Osorio V. Mayorkas And The Importance Of Meaningful Judicial Review In Protecting Immigrant Rights, Kaitlin J. Brown

Boston College Journal of Law & Social Justice

In Cuellar de Osorio v. Mayorkas, the U.S. Court of Appeals for the Ninth Circuit extended the Child Status Protection Act’s (“CSPA”) protections to all children who age out during the extended process of obtaining a visa as a child derivative beneficiary. In so holding, the court overturned a precedential decision by the Board of Immigration Appeals (“BIA”). In its review of the BIA’s decision, the Ninth Circuit applied the two-step test from Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., the seminal case in administrative law for review of executive agency action. The ...


The Evolution Of Youth As An Excuse: Striking A Balance Between The Interest Of Public Safety And The Principle That Kids Are Kids, Ashley A. Hughes 2014 Touro College Jacob D. Fuchsberg Law Center

The Evolution Of Youth As An Excuse: Striking A Balance Between The Interest Of Public Safety And The Principle That Kids Are Kids, Ashley A. Hughes

Touro Law Review

No abstract provided.


Departing From Teague: Miller V. Alabama's Invitation To The States To Experiment With New Retroactivity Standards, Eric Schab 2014 SelectedWorks

Departing From Teague: Miller V. Alabama's Invitation To The States To Experiment With New Retroactivity Standards, Eric Schab

Eric Schab

No abstract provided.


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