Law Commons^™

Offenders In Juvenile Court, 1993, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika

Law Faculty Articles and Essays

This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.

Curfew: An Answer To Juvenile Delinquency And Victimization?, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Conflicts Of Interests In The Representation Of Children, Nancy J. Moore

Faculty Scholarship

Conflicts of interests arise whenever the representation of a client may be materially limited by the lawyer's duties to either another client or a third person or by the interests of the lawyer herself.' Analyzing such conflicts typically requires identifying situations involving a potentially impermissible conflict, determining whether the conflict is consentable, and, if it is, obtaining consent after full disclosure.2 Conflicts analysis is difficult enough when the client is an adult.3 When the client is a child, however, the analysis is complicated by a number of factors. For example, in the wide variety of cases in which children (or …

Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison

Faculty Scholarship

No abstract provided.

Psychological Research On Children As Witnesses: Practical Implications For Forensic Interviews And Courtroom Testimony, John E.B. Myers, Karen J. Saywitz, Gail S. Goodman

McGeorge School of Law Scholarly Articles

No abstract provided.

A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.

Subcommittee On Juvenile Justice: Summary Of Public Hearings, Assembly Committee On Public Safety

California Assembly

Summary of public hearings held on March 29, 1996, April 1, 1996, April 4, 1996.

Document includes: Reforming the Juvenile Justice System: The Prosecutor's Perspective on Juvenile Justice Reform, by the California District Attorneys Association (1996).

Summary Of Significant Juvenile Justice Assembly Bills Passed By The Public Safety Committee, Assembly Public Safety Committee, Subcommittee On Juvenile Justice

California Assembly

No abstract provided.

Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse: Current Remedies And A Proposed Statute, Joel J. Finer

Law Faculty Articles and Essays

No issue in law and psychiatry has engendered such controversy as the current debate over whether experiences of childhood sexual abuse (CSA) are subject to repression for decades and eventually "recoverable" in therapy long after the event. One principal legal issue has been whether such "recovery" justifies the application of the "recent discovery" basis for tolling the statute of limitations, an issue which becomes significant when an adult psychotherapy patient sues her ostensible molester (often her father or other family member).

Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac

Law Faculty Articles and Essays

First, this Essay demonstrates that, because the "best interests" standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves.

God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred

Scholarly Works

In this Article, I argue that poor parents who are willing, but economically unable, to provide proper care for their children are entitled to some minimum level of state assistance grounded in the constitutional right to family integrity. The right to family integrity, when coupled with the state's power as parens patride, creates an affirmative obligation on the state to provide income assistance to impoverished families when necessary to protect the welfare of the children and maintain the family intact.

Guardians: A Research Note, Chris Guthrie, Lawrence M. Friedman, Joanna L. Grossman

Vanderbilt Law School Faculty Publications

Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while dividing the world into those who are, and those who are not, sui juris-that is, fully capable of acting on their own. The boundaries between these two domains can be quite indistinct. Defining who is insane or incompetent can be especially problematic because these categories are socially and culturally variable. Most people committed in 1900, for example, would hardly be considered insane today; they …

Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim

Faculty Scholarship

Since 1970, legislatures have increasingly relied on preventive detention – detention before trial ordered solely to prevent an accused from committing crime during the pretrial period – as an instrument of social control. Prior to this period, detention before trial was usually ordered only to assure an accused's presence at trial or to ensure the integrity of the trial process by preventing an accused from tampering with witnesses. Today, the majority of states and the federal system have changed their laws to allow judges to detain arrestees who pose a risk to society if released during the pretrial period. Half …

The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan

Faculty Scholarship

In recent years, the use and deadly consequences of gun violence among adolescents has reached epidemic proportions. At a time when national homicide rates are declining, the increasing rates of firearm deaths among teenagers is especially alarming. Deaths of adolescents due to firearm injuries are disproportionately concentrated among nonwhites, and especially among African-American teenagers and young adults. Only in times of civil war have there been higher within-group homicide rates in the United States. There appears to be a process of self-annihilation among male African-American teens in inner cities that is unprecedented in American history. Unfortunately, few studies have examined …