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Full-Text Articles in Law

The Harmful Effects Of Expansive Immunity Protections For Child Abuse Reporters And The Lack Of Justice For Those Who Are Falsely Accused, Kristina Joslin Jan 2023

The Harmful Effects Of Expansive Immunity Protections For Child Abuse Reporters And The Lack Of Justice For Those Who Are Falsely Accused, Kristina Joslin

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts, Emma Hetherington, Allison Dunnigan, Hannah Elias Sbaity Jan 2022

Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts, Emma Hetherington, Allison Dunnigan, Hannah Elias Sbaity

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Marking Juveniles As Unfit To Parent: Terminating The Rights Of Parents Registered As Predatory Offenders In Minnesota, Kiley Eichelberger Jan 2021

Marking Juveniles As Unfit To Parent: Terminating The Rights Of Parents Registered As Predatory Offenders In Minnesota, Kiley Eichelberger

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Legal Representation For Children: A Matter Of Fairness, Wendy Shea Jan 2021

Legal Representation For Children: A Matter Of Fairness, Wendy Shea

Mitchell Hamline Law Review

No abstract provided.


The Application Of Mercy: Equal Treatment For All Youth Who Commit Sex Offenses, Jennica Janssen, David Dematteo Jan 2020

The Application Of Mercy: Equal Treatment For All Youth Who Commit Sex Offenses, Jennica Janssen, David Dematteo

Mitchell Hamline Law Review

No abstract provided.


Prioritizing The Welfare Of Youth: Design Failure In Juvenile Justice And Building The Restorative Alternative, Michael Friedman Jan 2019

Prioritizing The Welfare Of Youth: Design Failure In Juvenile Justice And Building The Restorative Alternative, Michael Friedman

Mitchell Hamline Law Review

No abstract provided.


Stop In The Name Of Love: Putting An End To The Felony Prosecution Of Adolescent Sexting, Angela Bailey, Laura Heinrich Jan 2019

Stop In The Name Of Love: Putting An End To The Felony Prosecution Of Adolescent Sexting, Angela Bailey, Laura Heinrich

Mitchell Hamline Law Review

No abstract provided.


Mass Parental Incarceration And Sentencing Reform In Minnesota, Caitlin Curry, Veronica Horowitz, Julie Matonich, Kristin Stock Jan 2019

Mass Parental Incarceration And Sentencing Reform In Minnesota, Caitlin Curry, Veronica Horowitz, Julie Matonich, Kristin Stock

Mitchell Hamline Law Review

No abstract provided.


The Demand Side Of Sex Trafficking In Minnesota: The Who, Where, And Why—And What We Can Do About It, Erinn B. Valine Jan 2019

The Demand Side Of Sex Trafficking In Minnesota: The Who, Where, And Why—And What We Can Do About It, Erinn B. Valine

Mitchell Hamline Law Review

No abstract provided.


School Finance Litigation And The Separation Of Powers, Larry J. Obhof Jan 2019

School Finance Litigation And The Separation Of Powers, Larry J. Obhof

Mitchell Hamline Law Review

No abstract provided.


Fundamentally Fair? A Critical Look At The Due Process Afforded Parents In Child Protection Proceedings Under Minnesota Law, Brooke Beskau Warg Jan 2019

Fundamentally Fair? A Critical Look At The Due Process Afforded Parents In Child Protection Proceedings Under Minnesota Law, Brooke Beskau Warg

Mitchell Hamline Law Review

No abstract provided.


Invisible Among Us: The Epidemic Of Homeless Teen Parents, Michelle Basham Jan 2019

Invisible Among Us: The Epidemic Of Homeless Teen Parents, Michelle Basham

Mitchell Hamline Law Review

No abstract provided.


Wounded Souls: The Need For Child Protection Professionals And Faith Leaders To Recognize And Respond To The Spiritual Impact Of Child Abuse, Victor I. Vieth, Pete Singer Jan 2019

Wounded Souls: The Need For Child Protection Professionals And Faith Leaders To Recognize And Respond To The Spiritual Impact Of Child Abuse, Victor I. Vieth, Pete Singer

Mitchell Hamline Law Review

No abstract provided.


Legal Representation For Abused And Neglected Youth, Anne Tyler Gueinzius, Eikoku Ikeno Jan 2019

Legal Representation For Abused And Neglected Youth, Anne Tyler Gueinzius, Eikoku Ikeno

Mitchell Hamline Law Review

No abstract provided.


Convicting Juveniles To Life Without Parole, Bradford Colbert, Alex Baker Kroeger Jan 2019

Convicting Juveniles To Life Without Parole, Bradford Colbert, Alex Baker Kroeger

Mitchell Hamline Law Review

No abstract provided.


Child Advocacy Studies (Cast): A National Movement To Improve The Undergraduate And Graduate Training Of Child Protection Professionals, Victor I. Vieth, Betsy Goulet, Michele Knox, Jennifer Parker, Lisa B. Johnson, Karla Steckler Tye, Theodore P. Cross Jan 2019

Child Advocacy Studies (Cast): A National Movement To Improve The Undergraduate And Graduate Training Of Child Protection Professionals, Victor I. Vieth, Betsy Goulet, Michele Knox, Jennifer Parker, Lisa B. Johnson, Karla Steckler Tye, Theodore P. Cross

Mitchell Hamline Law Review

No abstract provided.


Juvenile Or Adult? Lost In Interpretation: The Split On Interpreting A “Prior Record” Under The Federal Juvenile Delinquency Act, Ashley N. Longcor Jan 2017

Juvenile Or Adult? Lost In Interpretation: The Split On Interpreting A “Prior Record” Under The Federal Juvenile Delinquency Act, Ashley N. Longcor

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Criminal Law: No Looking Back: Narrowing The Scope Of The Retroactivity Doctrine For Juveniles Sentenced To Life Without Release—Roman Nose V. State, Alex Mazurek Jan 2015

Criminal Law: No Looking Back: Narrowing The Scope Of The Retroactivity Doctrine For Juveniles Sentenced To Life Without Release—Roman Nose V. State, Alex Mazurek

William Mitchell Law Review

No abstract provided.


In Re Gault And The Promise Of Systemic Reform, Kate Kruse Jan 2008

In Re Gault And The Promise Of Systemic Reform, Kate Kruse

Faculty Scholarship

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …


What Does A "Juvenile Adjudication" Mean In Minnesota? Some New Answers After A Century Of Change In Juvenile Court, John M. Stuart, Amy K. R. Zaske Jan 2006

What Does A "Juvenile Adjudication" Mean In Minnesota? Some New Answers After A Century Of Change In Juvenile Court, John M. Stuart, Amy K. R. Zaske

William Mitchell Law Review

No abstract provided.


Extending Roper's Reasoning To Minnesota's Juvenile Justice System, Lisa Mcnaughton Jan 2006

Extending Roper's Reasoning To Minnesota's Juvenile Justice System, Lisa Mcnaughton

William Mitchell Law Review

No abstract provided.


Foreword: Celebrating 100 Years Of Juvenile Court In Minnesota, Paul H. Anderson Jan 2006

Foreword: Celebrating 100 Years Of Juvenile Court In Minnesota, Paul H. Anderson

William Mitchell Law Review

No abstract provided.


100 Years Of Juvenile Court In Minnesota—A Historical Overview And Perspective, Wright S. Walling, Stacia Walling Driver Jan 2006

100 Years Of Juvenile Court In Minnesota—A Historical Overview And Perspective, Wright S. Walling, Stacia Walling Driver

William Mitchell Law Review

No abstract provided.


Standing In Babylon, Looking Toward Zion, Kate Kruse Jan 2006

Standing In Babylon, Looking Toward Zion, Kate Kruse

Faculty Scholarship

The UNLV Conference on Representing Children in Families convened an impressive group of academics, policymakers, practitioners, and participants in the child welfare and juvenile justice systems to consider how to move beyond recommendations made ten years earlier about how lawyers for children should approach their work. This essay examines the interrelationship between idealism and realism in the definition of lawyers’ roles as representatives of children and the importance of idealized visions to the process of reforming dysfunctional systems, using examples of child welfare and juvenile justice system reform.


The Role Of The Prosecutor In Juvenile Justice: Advocacy In The Courtroom And Leadership In The Community, James C. Backstrom, Gary L. Walker Jan 2006

The Role Of The Prosecutor In Juvenile Justice: Advocacy In The Courtroom And Leadership In The Community, James C. Backstrom, Gary L. Walker

William Mitchell Law Review

No abstract provided.


Minnesota Juvenile Courts: Principles Of Excellence For The Next 100 Years Jan 2006

Minnesota Juvenile Courts: Principles Of Excellence For The Next 100 Years

William Mitchell Law Review

No abstract provided.


For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr Jan 2005

For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr

William Mitchell Law Review

This article will discuss the federal legislation and regulations—ASFA and CFSR—that hold the states accountable for the health and well-being of children and adolescents in foster care. This article will also discuss how the Early Periodic Screening Diagnosis and Treatment (EPSDT) program, the comprehensive health care services that states are required to provide through Medicaid, is used to address the health and wellbeing of children and adolescents in foster care. Critical to a discussion on the well-being of foster youth is the Chafee Foster Care Independence Act of 1999 that emphasized the states’ responsibility to ensure that youth in foster …


Molloy V. Meier Extends Genetic Counseling Duty Of Care To Biological Mcclain Parents And Establishes That Legal Damages Must Occur Before A Wrongful Conception Action Accrues For Statute Of Limitations Purposes, Mark Hallberg, Teresa Fariss Jan 2005

Molloy V. Meier Extends Genetic Counseling Duty Of Care To Biological Mcclain Parents And Establishes That Legal Damages Must Occur Before A Wrongful Conception Action Accrues For Statute Of Limitations Purposes, Mark Hallberg, Teresa Fariss

William Mitchell Law Review

Inherited genetic disorders are a well-known cause of developmental delays in children. It is, therefore, “foreseeable” to physicians treating developmentally delayed children that parents of these children will rely on the physicians’ opinions of whether a genetic cause exists. Accordingly in 1992, when Dr. Diane Meier, a pediatrician, discovered developmental delays in S.F., the three-year-old daughter of Kimberly Flomer (now Molloy) and Robert Flomer, “accepted standards of pediatric practice” required Dr. Meier to order genetic testing, including testing for Fragile X Syndrome, one of the most common causes of inherited mental retardation. The foreseeable consequences of Dr. Meier’s alleged failure …


Juvenile Law Developments—“One Last Chance”: Applying Adult Standards To Extended Jurisdiction Juvenile Proceedings—State V. B.Y., Kathryn A. Santelmann, Kara Rafferty Jan 2003

Juvenile Law Developments—“One Last Chance”: Applying Adult Standards To Extended Jurisdiction Juvenile Proceedings—State V. B.Y., Kathryn A. Santelmann, Kara Rafferty

William Mitchell Law Review

In 1995, Minnesota created a blended sentencing option for serious, violent juvenile offenders. Under this new option, Extended Juvenile Jurisdiction (“EJJ”), the juvenile court retains jurisdiction over the offender until age 21. In EJJ cases the court also imposes an adult sentence, which is stayed on the condition that the offender complies with the conditions of probation. Since the passage of the EJJ statute, the Minnesota Supreme Court has issued a limited number of opinions reviewing EJJ cases. State v. B.Y., issued April 24, 2003, involves an issue of first impression. The B.Y. opinion addresses standards to be applied in …


From The Constitutionality Of Juvenile Curfew Ordinances To A Children's Agenda For The 1990s: Is It Really A Simple Matter Of Supporting Family Values And Recognizing Fundamental Rights?, Michael K. Jordan Jan 1993

From The Constitutionality Of Juvenile Curfew Ordinances To A Children's Agenda For The 1990s: Is It Really A Simple Matter Of Supporting Family Values And Recognizing Fundamental Rights?, Michael K. Jordan

Faculty Scholarship

The analysis of the constitutionality of curfew ordinances provides a window into a process that obfuscates rather than clarifies the nature of the constitutional problem. By defining the issue as one governed by rights, we limit our ability to comprehend the larger issue of how the Supreme Court has defined the relationship between minors, the family and society. The issue of the rights of minors as they relate to curfew ordinances offers a measure of solace by reducing the number of disturbing questions which concern cultural change and public policy decisions relating to the family. An understanding of this process …