Law Commons^™

Gender Injustice, Francine Sherman

Francine T. Sherman

Human Rights And Justice For Juveniles, Jonathan Todres

Jonathan Todres

No abstract provided.

Amicus Brief In "Obergefell V. Hodges", Tanya M. Washington, Catherine Smith, Lauren Fontana, Susannah Pollvogt

Tanya Monique Washington

Supreme Court precedent establishes that the government may not punish children for matters beyond their control. Same-sex marriage bans and non-recognition laws (“marriage bans”) do precisely this. The states argue that marriage is good for children, yet marriage bans categorically exclude an entire class of children – children of same-sex couples – from the legal, economic and social benefits of marriage.

This amicus brief recounts a powerful body of equal protection jurisprudence that prohibits punishing children to reflect moral disapproval of parental conduct or to incentivize adult behavior. We then explain that marriage bans punish children of same-sex couples because …

The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna

Thomas D. Lyon

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.

The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.

Gender Injustice And Girls In Massachusetts, Francine Sherman

Francine T. Sherman

Current Issues In State Law: How Policy Advocacy Can Benefit Girls, Francine Sherman

Francine T. Sherman

Provided overview material for national Roundtable of organizations working with girls in the juvenile justice system for the National Girls Initiative and the Office of Juvenile Justice and Delinquency Prevention (OJJDP).

A New Law To "Save" Youth From Survival Sex Will Force Them Into State Custody, Brendan M. Conner Esq.

Brendan M. Conner

It’s not novel that minors in the US can, in very rare cases, be sentenced to reform programs or secure confinement for actions that wouldn’t be illegal if adults did them. But the system used to punish youth for the likes of skipping school or drinking has never been used systematically to address cases where minors engage in survival sex – meaning, youths who exchange sex for money, shelter, food, drugs or other needs.

That is about to change, even though treating juveniles charged with prostitution like truants will increase arrests and extend court-involvement and institutionalization of victims.

On 29 …

Lessons In Access To Justice: Racialized Youths In Ontario's Safe Schools, Janet E. Mosher

Janet Mosher

Access to justice is often equated with access to institutionalized dispute resolution processes, and the objective barriers that hinder such access-costs and delay most particularly-are commonly identified as the primary objects of reform efforts. In sharp contrast, when interviews and focus groups were conducted with racialized youths in Toronto regarding their experiences of access to justice in the context of school disciplinary matters, accounts of access to dispute resolution processes being impeded by costs and delay did not figure prominently. The interviews and focus groups revealed that many racialized youths scarcely ever considered accessing institutionalized dispute resolution processes largely because …

Real-Time Data Integration To Advance Research And Policy For Girls In The Justice And Related Public Systems, Francine Sherman

Francine T. Sherman

Gender And De-Incarceration, Francine Sherman

Francine T. Sherman

Parens Patriae: From Chancery To The Juvenile Court, Doug Rendleman

Doug Rendleman

Not available.

Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan M. Conner Esq.

Brendan M. Conner

The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda Morton, Floralynn Einesman

Linda H Morton

The use of mediation techniques to resolve conflicts among American youth has grown in popularity over the past two decades; Conflict resolution programs have blossomed in school systems, but there has been a dearth of mediation programs for one of our most violent youth groups: incarcerated juveniles. In this article, we describe and analyze the effects and the potential success of our program through the data we have collected. Our article will first describe the objectives and content of our mediation program in Juvenile Hall in San Diego. Relying on sociological and psychological theory in our second section, we will …

Gender And Race Disparities In The Juvenile Justice System, Francine Sherman

Francine T. Sherman

Appropriate System Responses To Human Sex Trafficking, Francine Sherman

Francine T. Sherman

Cost-Effective Juvenile Justice Reform: Lessons From The Just Beginning “Baby Elmo” Teen Parenting Program, Shani M. King, Rachel Barr, Jennifer Woolard

Shani M. King

This Article reviews the literature describing the rise of mass incarceration and its effects on individuals, families, and communities. The Article then describes the Just Beginning “Baby Elmo” Program, a cost-effective, sustainable parental instruction and child visitation intervention created for use with incarcerated teen parents. This intervention is designed to increase the quality of interaction between parent and child, increasing the likelihood that the teen father and child will form a positive relationship and maintain that relationship after release from detention—thereby increasing the child’s resilience and reducing the risk of recidivism for the teen father. The “Baby Elmo” Program is …

Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Tanya Monique Washington

No abstract provided.

Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Tanya Monique Washington

No abstract provided.

Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes

Elizabeth Keyes

In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and …

Gender Injustice, Francine Sherman

Francine T. Sherman

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody

Susan L. Brody

No abstract provided.

Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody

Susan L. Brody

No abstract provided.

Black Childhood And Philosophy | Panel Discussion, Sarah Forman, Odeana Neal, Spearit, Phyllis Taite, Tsedey Tedla, Cedric Powell, Anthony Farley

SpearIt It

On November 21, 2014, the University of Kentucky College of Law hosted the James and Mary Lassiter Distinguished Visiting Professor Conference. Anthony Paul Farley, the 2014 Lassiter Distinguished Visiting Professor, led a group of prominent speakers through the day's events. The Lassiter Distinguished Visiting Professor conference focused on the four freedoms and race. Black childhood is in danger. What is freedom of speech without the right to an education? What is freedom of worship amidst nihilistic erasures of black childhood? What is freedom from want when most of black childhood is lived below the poverty line? What is freedom from …

Summary Of Goodrich & Pennington Mortgage Fund, Inc. V. J.R. Woolard, Inc., 120 Nev. Adv. Op. 85, Angela Morrison

Angela D. Morrison

In a bench trial, the district court awarded appellant Goodrich & Pennington Mortgage Fund, Inc. (“Goodrich & Pennington”) damages arising from a negligent appraisal executed by J.R. Woolard, Inc. (“Woolard”). Goodrich & Pennington appealed, alleging that the district court failed to take into account all of the damages caused by the negligent appraisal.

Children, Sexuality, And The Law, Sacha Coupet

Sacha M Coupet

No abstract provided.

Submission On Behalf Of The Centre For Law, Governance And Public Policy In Response To The Youth Justice And Other Legislation Amendment Bill 2014, Darren O'Donovan, Jodie O'Leary, Bruce Watt

Darren O'Donovan

Extract Young people involved in the justice system can have complex needs relating to education, mental health, family and other relationships, substance abuse, and the development of pro-social attitudes. Multi-agency coordination is essential to address these problems. The 2010 Review of Effective Practice in Juvenile Justice (NSW) found that the complexity and scope of an effective response to juvenile crime necessitates a whole-of-community approach, involving coordination between state and local agencies responsible for administering juvenile justice, the police, welfare agencies, schools, health authorities, etc (Noetic 2010). The failure of governments to address these complex problems due to poor multiagency coordination …

Too Young For The Death Penalty: An Empirical Examination Of Community Conscience And The Juvenile Death Penalty From The Perspective Of Capital Jurors, William J. Bowers, Benjamin Fleury-Steiner, Valerie P. Hans, Michael E. Antonio

Valerie P. Hans

As our analysis of jury decisionmaking in juvenile capital trials was nearing completion, the Missouri Supreme Court declared the juvenile death penalty unconstitutional in Simmons v. Roper. The court held that the execution of persons younger than eighteen years of age at the time of their crime violates the Eighth and Fourteenth Amendments to the United States Constitution. This decision patently rejected the U.S. Supreme Court's ruling in Stanford v. Kentucky, which permitted the execution of sixteen- and seventeen-year-olds. In deciding Simmons, the Missouri Supreme Court applied the U.S. Supreme Court's reasoning in Atkins v. Virginia to the juvenile death …

Capital Jurors As The Litmus Test Of Community Conscience For The Juvenile Death Penalty, Michael E. Antonio, Benjamin Fleury-Steiner, Valerie P. Hans, William J. Bowers

Valerie P. Hans

This fall, the United States Supreme Court will consider the constitutionality of the juvenile death penalty in Simmons v. Roper. The Eighth Amendment issue before the Court in Simmons will be whether the juvenile death penalty accords with the conscience of the community. This article presents evidence that bears directly on the conscience of the community in juvenile capital cases as revealed through extensive in-depth interviews with jurors who made the critical life-or-death decision in such cases. The data come from the Capital Jury Project, a national study of the exercise of sentencing discretion in capital cases conducted with the …