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Articles 1 - 30 of 33
Full-Text Articles in Law
Floyd Davidson Spence - In Memorium, James H. Hodges
Floyd Davidson Spence - In Memorium, James H. Hodges
South Carolina Law Review
No abstract provided.
When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Charles W. Ehrhardt
When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Charles W. Ehrhardt
Scholarly Publications
Child sexual abuse prosecutions involve difficult societal issues as well as complex evidentiary and constitutional problems. The abusive act frequently occurs in private upon a young victim who proves an unpersuasive witness during a subsequent trial. Often only two eye witnesses exist, the victim and the accused, thus making the victim's credibility a critical issue. Because of the nature of these prosecutions, there has been a special focus on the principles regulating the admissibility of evidence in child abuse cases. Balancing the due process and constitutional rights of the accused against the interests of both the child and society in …
Adolescent Sports Violence--When Prosecutors Play Referee. Making Criminals Out Of Child Athletes, But Are They The Real Culprits?, Jason R. Schuette
Adolescent Sports Violence--When Prosecutors Play Referee. Making Criminals Out Of Child Athletes, But Are They The Real Culprits?, Jason R. Schuette
Northern Illinois University Law Review
With increasing regularity, prosecutors across the United States are being asked to delineate a line between aggressive play and acts of violence that exceed an acceptable level. This includes the once docile province of youth sports. With that, this comment is devoted to violence in youth sports and the issues involved when criminal penalties are brought against child athletes. Part I analyzes the historical ideology behind the rise of youth sports programs in America; which consequently, is important in comprehending the ideals and beliefs that are intended to be fostered under the guise of youth sport. Part II discusses the …
Untangling The World Wide Web: Restricting Children's Access To Adult Materials While Preserving The Freedoms Of Adults, Tim Specht
Northern Illinois University Law Review
This comment examines the current state of the law in the area of internet regulation restricting children's access to adult material. This area of law is very new, with the majority of case precedent developed over just the last five or six years. Although the term "Internet" applies to various aspects of cyberspace including the World Wide Web, e-mail, chat rooms, listservs, newsgroups, FTP sites, and other interactive environments, this essay will focus mainly on the area of the World Wide Web. Part I of this comment provides a brief overview of the U.S. Supreme Court precedent relating to freedom …
Rethink The Laws Relating To Fathers (Change: With The Decline In Married Mothers And Traditional Families, The Legal Image Of Dads Needs Re-Examination), Jane C. Murphy
All Faculty Scholarship
This "marital presumption" permitted courts to assume a set of biological facts in the name of preserving the sanctity and stability of what was assumed to be the cornerstone of a healthy society — the traditional family of husband, wife and children. In the last decades of the 20th century, science developed paternity testing with results approaching certainty. Despite the availability of DNA testing, the marital presumption is still used in many courtrooms to answer the question of who is the legal father. What one scholar has called "the law's struggle to preserve the fiction of an older moral order" …
Virtual Mothers And The Meaning Of Parenthood, Annette Ruth Appell
Virtual Mothers And The Meaning Of Parenthood, Annette Ruth Appell
University of Michigan Journal of Law Reform
Professor Appell supports the use of the traditional parental rights doctrine, which accords biological parents, particularly mothers, parental status alienable only voluntarily or upon proof of unfitness. She defends the doctrine against the criticisms that it is regressive and does not protect the interests of children or de facto parents. She contends that the attacks on traditional parental rights doctrine are misguided because they work to the disadvantage of families who do not easily fit the dominant norm-minority, single-mother, lower income, or politically and legally under-represented families. After examining the constitutional underpinnings and application of the parental rights doctrine as …
Pinocchio In Littleton, William A. Kell
Pinocchio In Littleton, William A. Kell
University of Michigan Journal of Law Reform
In this Article, Professor Kell proposes a substantial change in policy direction in the wake of school shootings and other tragedies involving young people's abilities to make mature decisions. First, the Article questions the current state of the law which exclusively deems young people to be mature based on "birthdays and bad acts, " rather than on any concept of demonstrated or earned levels of responsibility. Next, an alternative legal framework is envisioned recognizing young people as increasingly competent citizens who must develop psychosocial maturity, including learning how to judge and utilize advice from others such as parents and peers, …
How To Plot Love On An Indifference Curve, Brian H. Bix
How To Plot Love On An Indifference Curve, Brian H. Bix
Michigan Law Review
In From Partners to Parents: The Second Revolution in Family Law, June Carbone offers nothing less than a whirlwind tour of the current doctrinal and policy debates of Family Law - an astounding feat in a book whose main text (excluding endnotes and appendices) does not reach 250 pages. There seem to be few controversies about which Carbone has not read widely and come to a conclusion, and usually a fair-minded one: from the effect of no-fault divorce reforms on the divorce rate, to the long-term consequences of slavery for the African-American family (pp. 67-84), to whether the Aid to …
Cedar Rapids Community School District V. Garret: Providing Medically Related Services To Children With Disabilities In Public Schools, Scott Shanker
Cedar Rapids Community School District V. Garret: Providing Medically Related Services To Children With Disabilities In Public Schools, Scott Shanker
Saint Louis University Law Journal
No abstract provided.
Keeping Kids Out Of The System: Creative Legal Practice As A Community Child Protection Strategy, Leigh S. Goodmark
Keeping Kids Out Of The System: Creative Legal Practice As A Community Child Protection Strategy, Leigh S. Goodmark
Book Gallery
No abstract provided.
Recommendations Of The Conference On Achieving Justice: Parents And The Child Welfare System
Recommendations Of The Conference On Achieving Justice: Parents And The Child Welfare System
Fordham Law Review
No abstract provided.
Report Of The Education Working Group, Naomi Lynch, Virginia Strand
Report Of The Education Working Group, Naomi Lynch, Virginia Strand
Fordham Law Review
No abstract provided.
Report Of The Funding Working Group, Edith Holzer
Report Of The Funding Working Group, Edith Holzer
Fordham Law Review
No abstract provided.
Report Of The Judiciary And The Courts Working Group, Nanette Schorr
Report Of The Judiciary And The Courts Working Group, Nanette Schorr
Fordham Law Review
No abstract provided.
Report Of The Parent Representation Working Group, Beth Harrow, Sue Jacobs
Report Of The Parent Representation Working Group, Beth Harrow, Sue Jacobs
Fordham Law Review
No abstract provided.
Report Of The Parent Self-Advocacy Working Group, Lyn Slater
Report Of The Parent Self-Advocacy Working Group, Lyn Slater
Fordham Law Review
No abstract provided.
Report Of The Race, Class, Ethnicity And Gender Working Group, Dana Hamilton
Report Of The Race, Class, Ethnicity And Gender Working Group, Dana Hamilton
Fordham Law Review
No abstract provided.
Parents And The Child Welfare System, Foreword, Ann Moynihan, Mary Ann Forgey, Debra Harris
Parents And The Child Welfare System, Foreword, Ann Moynihan, Mary Ann Forgey, Debra Harris
Fordham Law Review
No abstract provided.
Family Court Case Conferencing And Post-Dispositional Tracking: Tools For Achieving Justice For Parents In The Child Welfare System, Sara P. Schechter
Family Court Case Conferencing And Post-Dispositional Tracking: Tools For Achieving Justice For Parents In The Child Welfare System, Sara P. Schechter
Fordham Law Review
No abstract provided.
Report Of The Case Management Working Group, Mary Ann Forgey, Hank Orenstein
Report Of The Case Management Working Group, Mary Ann Forgey, Hank Orenstein
Fordham Law Review
No abstract provided.
A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci
A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci
Articles
Part I of the full article briefly describes the history and current slate of research into children's suggestibility. In this part, we argue that, although psychological researchers disagree considerably over the degree to which he suggestibility of young children may lead to false allegations of sexual abuse, there is an overwhelming consensus that children are suggestible to a degree that, we believe, must be regarded as significant. In presenting this argument, we respond to the contentions of revisionist scholars, particularly those recently expressed by Professor Lyon. We show that there is good reason to believe the use of highly suggestive …
Barbie Banished From The Small Screen: The Proposed European Ban On Children's Television Advertising, Janice H. Kang
Barbie Banished From The Small Screen: The Proposed European Ban On Children's Television Advertising, Janice H. Kang
Northwestern Journal of International Law & Business
This Comment first presents a brief history of European policy governing children's television advertising in Europe and lists the current regula-tions in the various EU member states, ranging from Britain's deferential guidelines to Sweden's draconian stance. The next two sections examine arguments both for and against the ban. Impassioned consumer advocates decry television advertising to children as preying upon young impressionable minds; indignant industry groups marshal arguments such as the increasing sophistication of children and the freedom of commercial speech. Finally, after forecasting a doubtful future for the proposed absolute ban on children's television across Europe, this Comment concludes that …
Achieving Justice, Barriers To Achieving Justice For Incarcerated Parents, Martha L. Raimon
Achieving Justice, Barriers To Achieving Justice For Incarcerated Parents, Martha L. Raimon
Fordham Law Review
No abstract provided.
Acs's Interpretation Of The "No Contact Rule" Impedes The Reunification Of Families, Nanette Schorr
Acs's Interpretation Of The "No Contact Rule" Impedes The Reunification Of Families, Nanette Schorr
Fordham Law Review
No abstract provided.
The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair
The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair
Michigan Journal of International Law
This article examines the extent to which international law has and will potentially influence the direction of the reform and implementation of adoption disclosure norms. Though it does not yet appear that international law mandates recognition of an absolute right to identifying information when such disclosure is opposed by a birth parent or adoptee, examination of these conventions and the response of the international community underscores the critical importance of identifying information to many adoptees, and a growing movement to afford primacy to their interests.
India: Training Teachers For Children With Mental Retardation, Sharon A. Raver
India: Training Teachers For Children With Mental Retardation, Sharon A. Raver
Communication Disorders & Special Education Faculty Publications
India is a country of contradictions. On one hand, India is a modern country moving toward becoming a world leader in computer technology and boasts the second most computer literate population in the world (Babington, 2000; Kumar, 1999). On the other hand, India is a developing nation with 14 constitutionally recognized languages, 25% of the world's malnourished (Babington, 2000), and a majority that practices customs in everyday life that are 5,000 year old (Kumar, 1999). India is rich in natural resources and yet, because its population grows as quickly as its economy, it has one of the world's lowest per-capita …
Report Of The Ethics And Professionalism Working Group, Nanette Schrandt
Report Of The Ethics And Professionalism Working Group, Nanette Schrandt
Fordham Law Review
No abstract provided.
Is Coppa A Cop Out? The Child Online Privacy Protection Act As Proof That Parents, Not Government, Should Be Protecting Children's Interests On The Internet, Melanie L. Hersh
Is Coppa A Cop Out? The Child Online Privacy Protection Act As Proof That Parents, Not Government, Should Be Protecting Children's Interests On The Internet, Melanie L. Hersh
Fordham Urban Law Journal
This Note first presents a historical background of media regulations protecting children, and introduces COPPA. Next, it presents the arguments fueling the debate about who should regulate the Internet - the government or non-government entities. It then argues that in light of COPPA's shortcomings and faulty attempts to emulate regulations of other media, the government should step back and allow parents to maintain the bulk of regulatory responsibility. Finally, it suggests a future course of action for successfully regulating the Internet to protect children's privacy while taking into account the Internet's dissimilarity to previously regulated media. This Note concludes that …
Overcoming Barriers In Communities
Overcoming Barriers In Communities
Fordham Urban Law Journal
Panelist Evelyn Cardona, discussed the work of the Brooklyn Coalition Against Family Violence, where she is the director, her own experience as a battered woman, and how she overcame it. Panelist Nechama Wolfson, president of the Shalom Task Force, then talked about the work of Shalom Task Force, a grasroots group of Orthodox Jewish women was doing on the community. Panelist Angela Lee, associate director of the New York Asian Women's Center, discussed the work her organization does with Asian battered women. Panelist Mircia Sanchez discussed the Harlem Dowling West Side Center for Children and Family Services, where she is …
Conjoined Twins: The Limits Of Law At The Limits Of Life, George J. Annas
Conjoined Twins: The Limits Of Law At The Limits Of Life, George J. Annas
Faculty Scholarship
Conjoined twins have been the subject of scientific exhibits, medical study, human curiosity, and even entertainment, but until the year 2000, conjoined twins had never been the subject of a courtroom battle. A unique case that was the subject of two British court decisions deserves study.1 The case illustrates the difficulty of applying legal principles to unprecedented life-and-death decisions involving proposed medical interventions for children — particularly when parents and physicians disagree about what should be done.