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Articles 1 - 30 of 32
Full-Text Articles in Law
Kids, Cognition, And Confinement: Evaluating Claims Of Inadequate Access To Mental Health Care In Juvenile Detention Facilities, Lydia G. Mrowiec
Kids, Cognition, And Confinement: Evaluating Claims Of Inadequate Access To Mental Health Care In Juvenile Detention Facilities, Lydia G. Mrowiec
William & Mary Journal of Race, Gender, and Social Justice
In the United States, almost 60,000 juveniles are incarcerated in juvenile jails and prisons every day, and, as of March 2021, at least seventy percent of juveniles in the juvenile justice system have a mental health condition. For many young adults, prison and detention centers have “become the avenue of last resort” for treatment of those mental health conditions. However, juvenile detention facilities lack the support and resources to provide adequate care, which has led to high recidivism in the juvenile population. Juveniles, and individuals on their behalf, can challenge inadequate access to mental health resources by bringing claims under …
No Child Left Behind Bars: Applying The Principles Of Strict Scrutiny When Sentencing Juveniles Tried As Adults, Max Chu
William & Mary Law Review
The Commonwealth of Virginia was the first in the nation to pass legislation that provides judges with the discretion to veer away from the mandatory minimum sentence and to impose trauma-informed and age-appropriate sentences for juvenile offenders convicted of felonies and tried as adults. Although Virginia’s new law, House Bill 744 (HB 744), is a pioneering step in the right direction, this Note argues that the law may now provide judges with too much discretion. In other words, HB 744 alone, without more guidance, does not go far enough to protect the rights of juvenile offenders.
Therefore, this Note proposes …
The Guiding Hand Of Counsel, For A Price: Juvenile Public Defender Fees And Their Effects, Hannah R. Gourdie
The Guiding Hand Of Counsel, For A Price: Juvenile Public Defender Fees And Their Effects, Hannah R. Gourdie
William & Mary Law Review
When he was thirteen, Jonathan, a teenager from New Hampshire, was charged with simple assault after a fight with his father. During his hearing in juvenile court, his father refused to pay the $275 New Hampshire public defender fee, and Jonathan—unable to afford the price of counsel—waived his right to an attorney. He was placed on probation and struggled to meet his probation requirements, resulting in his arrest for probation violations. Because the court was deciding whether to detain Jonathan, Jonathan was appointed a juvenile defender. The attorney brought Jonathan’s unstable home life to the judge’s attention, and the judge …
The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher
The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher
William & Mary Law Review
No abstract provided.
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 Race, Gender, and Social Justice
No abstract provided.
Unhappy Meals: Sex Discrimination In Toy Choice At Mcdonald’S, Ian Ayres, Antonia Rose Ayres-Brown
Unhappy Meals: Sex Discrimination In Toy Choice At Mcdonald’S, Ian Ayres, Antonia Rose Ayres-Brown
William & Mary Journal of Race, Gender, and Social Justice
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 2013 visits …
Must Be 18 Or Older: How Current Domestic Violence Policies Dismiss Teen Dating Violence, Rebecca Pensak
Must Be 18 Or Older: How Current Domestic Violence Policies Dismiss Teen Dating Violence, Rebecca Pensak
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
William & Mary Bill of Rights Journal
In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth …
Strong Voices For A Vulnerable Group, Jack T. Brock Ii
Strong Voices For A Vulnerable Group, Jack T. Brock Ii
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Precedent Or Problem?: Alameda County's Diversion Problem Policy For Youth Charged With Prostitution And The Case For A Policy Of Immunity, Janet C. Sully
Precedent Or Problem?: Alameda County's Diversion Problem Policy For Youth Charged With Prostitution And The Case For A Policy Of Immunity, Janet C. Sully
William & Mary Law Review
No abstract provided.
Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes
Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes
William & Mary Bill of Rights Journal
No abstract provided.
Incremental Independence: Conforming The Law To The Process Of Adolescence, Megan E. Hay
Incremental Independence: Conforming The Law To The Process Of Adolescence, Megan E. Hay
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Adolescents Under International Law: Autonomy As The Key To Reproductive Health, Aliya Haider
Adolescents Under International Law: Autonomy As The Key To Reproductive Health, Aliya Haider
William & Mary Journal of Race, Gender, and Social Justice
As a matter of policy, the reproductive and sexual health of adolescents matter because they comprise almost one half of the world's population. As a matter of international human rights law, adolescents have reproductive and sexual health rights. This article outlines how the international community must ensure adolescents' access to and exercise of those reproductive health rights. Governments must enable informed decision-making while also offering state protections for this vulnerable population. Without laws and policies that uphold adolescent health worldwide, future generations will needlessly suffer.
Who Is To Shame? Narratives Of Neonaticide, Susan Ayres
Who Is To Shame? Narratives Of Neonaticide, Susan Ayres
William & Mary Journal of Race, Gender, and Social Justice
In seventeenth-century England, single women who killed their newborns were believed to have acted to hide their shame. They were prosecuted under the 1624 Concealment Law and punished by death. This harsh response eventually evolved into a more humane and sympathetic one, as shown by the increasing number of acquittals in the late eighteenth century and by the sharp drop of prosecutions in the late nineteenth century. Then, in 1922, England passed the Infanticide Act, amended in 1938, which provided that a mother who killed her child would be prosecuted for manslaughter, not murder. Today, the great majority of women …
Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson
Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson
William & Mary Environmental Law and Policy Review
No abstract provided.
The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl
The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl
William & Mary Law Review
No abstract provided.
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
William & Mary Bill of Rights Journal
The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.
From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland
From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Child Citizenship Act: Too Little, Too Late For Tuan Nguyen, Ashley Moore
The Child Citizenship Act: Too Little, Too Late For Tuan Nguyen, Ashley Moore
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Justice By Gender: The Lack Of Appropriate Prevention, Diversion And Treatment Alternatives For Girls In The Justice System
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Girls In The Juvenile Justice System, Robert E. Shepherd Jr.
Girls In The Juvenile Justice System, Robert E. Shepherd Jr.
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Sugar And Spice And Everything Nice: Female Juvenile Deliquency And Gender Bias In Punishment And Behavior In The Juvenile Courts, Jennifer Thibodeau
Sugar And Spice And Everything Nice: Female Juvenile Deliquency And Gender Bias In Punishment And Behavior In The Juvenile Courts, Jennifer Thibodeau
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink
Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink
William & Mary Bill of Rights Journal
In the current flux of an increasingly punitive juvenile justice system, one of the system's great injustices receives little attention. Unconstitutional conditions of confinement for juveniles do not receive appropriate legal exposure. Challenges to these conditions are more difficult in light of the Supreme Court's recent restriction of a prisoner's right of access to the courts. This Note will analyze why a different standard of "meaningful access" is necessary to protect juveniles.
Looking Down From The Hill: Factors Determining The Success Of Congressional Efforts To Reverse Supreme Court Interpretations Of The Constitution, Mark E. Herrmann
Looking Down From The Hill: Factors Determining The Success Of Congressional Efforts To Reverse Supreme Court Interpretations Of The Constitution, Mark E. Herrmann
William & Mary Law Review
No abstract provided.
An Inquiry Into The Association Between Respondents' Personal Characteristics And Juvenile Court Dispositions, Charles W. Thomas, W. Anthony Fitch
An Inquiry Into The Association Between Respondents' Personal Characteristics And Juvenile Court Dispositions, Charles W. Thomas, W. Anthony Fitch
William & Mary Law Review
No abstract provided.
Book Review Of The Rights Of Children: Emergent Concepts In Law And Society; Beyond The Best Interest Of The Child; And Cases And Materials On Modern Juvenile Justice, W. Anthony Fitch
William & Mary Law Review
No abstract provided.
Double Jeopardy In Juvenile Proceedings, David S. Rudstein
Double Jeopardy In Juvenile Proceedings, David S. Rudstein
William & Mary Law Review
No abstract provided.
The Dilemma Of The "Uniquely Juvenile" Offender
The Dilemma Of The "Uniquely Juvenile" Offender
William & Mary Law Review
No abstract provided.
Juvenile Courts - Proper Quantum Of Proof In Juvenile Hearings. In Re Samuel Winship, 90 S. Ct. 1068 (1970), Dennis L. Beck
Juvenile Courts - Proper Quantum Of Proof In Juvenile Hearings. In Re Samuel Winship, 90 S. Ct. 1068 (1970), Dennis L. Beck
William & Mary Law Review
No abstract provided.
The Legal Response To Child Abuse, Thomas J. Donovan
The Legal Response To Child Abuse, Thomas J. Donovan
William & Mary Law Review
No abstract provided.