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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 Apr 2023

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 Apr 2022

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 Feb 2021

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 Feb 2016

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 May 2015

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 Feb 2015

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 Feb 2015

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 Dec 2014

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 Dec 2013

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 Nov 2013

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 Mar 2011

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 Apr 2009

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 Apr 2008

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 Oct 2007

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 Apr 2007

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 Dec 2005

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 Dec 2003

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 Apr 2003

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 Feb 2003

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 Oct 2002

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. Oct 2002

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 Apr 2002

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 Feb 1999

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 Feb 1992

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 Oct 1975

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 May 1974

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 Dec 1972

Double Jeopardy In Juvenile Proceedings, David S. Rudstein

William & Mary Law Review

No abstract provided.


The Dilemma Of The "Uniquely Juvenile" Offender Dec 1972

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 Oct 1970

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 May 1970

The Legal Response To Child Abuse, Thomas J. Donovan

William & Mary Law Review

No abstract provided.