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Articles 1 - 30 of 30
Full-Text Articles in Law
Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky
Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky
University of Michigan Journal of Law Reform
This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …
Disproportionate Minority Confinement: Lessons Learned From Five States, Us Department Of Justice
Disproportionate Minority Confinement: Lessons Learned From Five States, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
The Effects Of Social Skills Training And Reciprocal Social Skills Training With Parent/Guardian(S) On Behavior And Recidivism Of First Time Adjuncted Youth, Kathleen A. Bailey
The Effects Of Social Skills Training And Reciprocal Social Skills Training With Parent/Guardian(S) On Behavior And Recidivism Of First Time Adjuncted Youth, Kathleen A. Bailey
Dissertations
This research investigates the effect of social skills training on 46 first-time adjudicated males, ages 13 through 15 and placed on traditional probation. The independent variable was the type of group. Three types of groups were conducted: Group I (youth who received social skills training with their parents or guardians), Group II (youth who received social skills training without parents’ or guardians’ participation), and Group III (a control group of youth who did not receive social skills training). The dependent variable was the Jesness Inventory scales and subscales scores, and the type of offenses (status, misdemeanor, and felony). The research …
First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy- An Unethical Means Of "Preventing" Child Abuse, Michael T. Flannery
First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy- An Unethical Means Of "Preventing" Child Abuse, Michael T. Flannery
University of Michigan Journal of Law Reform
Since it was first identified in 1977, Munchausen Syndrome by Proxy has uniquely affected the way in which the medical and legal communities deal with the issue of child abuse. Inherent in the medical response to the disease are issues of suspicion, investigation, identification, confrontation, and, of course, the health of an innocent child. Given the deceptive dynamics of the disease, however, denial and disbelief naturally overshadow every action taken by medical professionals in pursuing these issues. Fortunately, as medical knowledge about the dynamics of the disease continues to develop, medical professionals become more willing and better able to identify …
Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan
Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan
Scholarly Publications
The Eighth Amendment provides that “no cruel and unusual punishment shall be inflicted.” The Supreme Court has interpreted to this to mean a punishment cannot be “grossly disproportionate” to the crime. In this article, the author addresses whether an offender's age should play a role in assessing whether a sentence is “grossly disproportionate.” Specifically, the author addresses the increasingly common practice of imposing life without parole on offenders who are under sixteen years of age at the time they committed their offense, and whether such offenders’ youthful status should play a role in proportionality analysis. The article first provides an …
Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer
Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer
Buffalo Public Interest Law Journal
No abstract provided.
Juvenile Delinquency Law, Robin Jean Davis, Louis J. Palmer Jr.
Juvenile Delinquency Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk
Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk
Brigham Young University Journal of Public Law
No abstract provided.
Blood Ties: A Rationale For Child Visitation By Legal Strangers, John Dewitt Gregory
Blood Ties: A Rationale For Child Visitation By Legal Strangers, John Dewitt Gregory
Washington and Lee Law Review
No abstract provided.
Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy
Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy
All Faculty Scholarship
Part I of this Article explores the traditional idealized view of motherhood that child placement statutes and court decisions reflect. These laws include statutes and case law in custody disputes between parents and in child protection proceedings under civil and criminal laws where the dispute is between the parent and the state. Part II contrasts the legal construct of motherhood that child placement laws embody with the legal image of mothers in child support and welfare law.
Part III examines the impact of these conflicting images of motherhood on a particular group of mothers -- battered women. Battered women illuminate …
Reconsidering The Need For Counsel For Children In Custody, Visitation And Child Protection Proceedings, Martin Guggenheim
Reconsidering The Need For Counsel For Children In Custody, Visitation And Child Protection Proceedings, Martin Guggenheim
Loyola University Chicago Law Journal
No abstract provided.
Ethical Issues In The Legal Representation Of Children In Illinois: Roles, Rules And Reforms, Diane Geraghty
Ethical Issues In The Legal Representation Of Children In Illinois: Roles, Rules And Reforms, Diane Geraghty
Loyola University Chicago Law Journal
No abstract provided.
Ties That Bind ?: Children's Attorneys, Children's Agency, And The Dilemma Of Parental Affiliation, William A. Kell
Ties That Bind ?: Children's Attorneys, Children's Agency, And The Dilemma Of Parental Affiliation, William A. Kell
Loyola University Chicago Law Journal
No abstract provided.
Chilling Child Abuse Reporting: Rethinking The Capta Amendments, Caroline T. Trost
Chilling Child Abuse Reporting: Rethinking The Capta Amendments, Caroline T. Trost
Vanderbilt Law Review
On a December night in 1993, Gregory Bryant-Bruce, age six months, was rushed to Vanderbilt University Medical Center Emergency Room for treatment of severe anemia, shock, and abnormally low hematocrit.' A CT scan revealed brain hemorrhaging, and a physical examination showed retinal hemorrhages of varying ages. Retinal bleeding in a young child is almost always caused by traumatic injury, and is considered to be a classic sign of "Shaken Impact Syndrome" ("SIS"), a life-threatening and relatively common form of child abuse. Thus, on the basis of Gregory's symptoms and the in- adequacy of his parents' explanation of his injuries, Gregory's …
Juvenile Delinquents: Typical Characteristics, Giuseppe Michael Fazari
Juvenile Delinquents: Typical Characteristics, Giuseppe Michael Fazari
Seton Hall University Dissertations and Theses (ETDs)
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Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling
Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling
Touro Law Review
No abstract provided.
Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring
UIC Law Review
No abstract provided.
Recommendations Of The Conference On Ethical Issues In The Legal Representation Of Children In Illinois, Conference On Ethical Issues In The Legal Representation Of Children In Illinois
Recommendations Of The Conference On Ethical Issues In The Legal Representation Of Children In Illinois, Conference On Ethical Issues In The Legal Representation Of Children In Illinois
Loyola University Chicago Law Journal
No abstract provided.
Spanking And Other Corporal Punishment Of Children By Parents: Undervaluing Children, Overvaluing Pain, David Orentlicher
Spanking And Other Corporal Punishment Of Children By Parents: Undervaluing Children, Overvaluing Pain, David Orentlicher
Scholarly Works
No abstract provided.
Mlb V. Slj: "Equal Justice" For Indigent Parents, Jason T. Jacoby
Mlb V. Slj: "Equal Justice" For Indigent Parents, Jason T. Jacoby
University of Richmond Law Review
The United States Supreme Court recently decided that a state may not, consistent with the Due Process and Equal Protection clauses of the Fourteenth Amendment, condition appeals from trial court decrees terminating parental rights on the affected parent's ability to pay record preparation fees. In M.L.B. v. S.L.J., the Supreme Court found that, just as a state may not block an indigent petty offender's access to an appeal afforded others, Mississippi may not deny M.L.B., because of her poverty, appellate review of the sufficiency of the evidence on which the trial court found her unfit to remain a parent.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
Compared with the intensive focus on juvenile justice issues in Virginia between 1994 and 1996, and the significant statutory changes generated by that focus, the past two years have been relatively serene, at least for juvenile law. Legislative activity about juvenile justice has been subdued, and few cases have interpreted the major legislative changes wrought during that three-year period, or their effects. The 1998 legislative session did result in the demise of the family court initially created five years earlier contingent on the provision of adequate funding for the court at some future session. The provision of funding for the …
Race For Perfection: Children's Rights And Enhancement Drugs, Therese Powers
Race For Perfection: Children's Rights And Enhancement Drugs, Therese Powers
Journal of Law and Health
This Note will address the question of what are a child's rights when the child's views differ from his or her parents regarding the child's use or refusal of enhancement drugs such as Ritalin and Human Growth Hormone. This Note will begin with a description of Ritalin and Human Growth Hormone along with the uses and abuses of each drug. It will then discuss the evolution of children's rights dealing with situations such as civil commitment, abortion, and medical treatment over religious objection. Furthermore, it will draw comparisons from the case law in these situations to a child's right to …
Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne
Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne
Michigan Journal of International Law
The purpose of this article and the attached tables is to give child rights advocates and scholars: 1) a bird's-eye view of the Convention and its implementation mechanism; 2) an introduction to the jurisprudence that is being developed as governments begin to put the Convention into effect; and 3) a guide to assist in research and analysis of the developing jurisprudence of the Committee on the Rights of the Child.
The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate
The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Guns, Youth Violence, And Social Identity In Inner Cities, Jeffrey Fagan, Deanna L. Wilkinson
Guns, Youth Violence, And Social Identity In Inner Cities, Jeffrey Fagan, Deanna L. Wilkinson
Faculty Scholarship
While youth violence has always been a critical part of delinquency, the modern epidemic is marked by high rates of gun violence. Adolescents in cities possess and carry guns on a large scale, guns are often at the scene of youth violence, and guns often are used. Guns play a central role in initiating, sustaining, and elevating the epidemic of youth violence. The demand for guns among youth was fueled by an "ecology of danger," comprising street gangs, expanding drug markets with high intrinsic levels of violence, high rates of adult violence and fatalities, and cultural styles of gun possession …
When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney
When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney
Cleveland State Law Review
If the death penalty becomes an option for children under sixteen, the unavoidable conclusion must be that we have reverted back to colonial theories of punishment. The issue facing the nation will again become at what age to draw the line. In this article I argue that, as a society, we must prevent such executions and refute claims that, as a result of the failure of the juvenile justice system to rehabilitate killers before they kill, a consensus in favor of reducing the minimum age of execution has evolved. Part II of this note presents the theories of colonial crime …
Holt V. Grange Mut. Cas. Co. Children Not "Insureds" Under Policy Are Entitled To Death, Barbara Tyler, Thomas S. Tyler
Holt V. Grange Mut. Cas. Co. Children Not "Insureds" Under Policy Are Entitled To Death, Barbara Tyler, Thomas S. Tyler
Law Faculty Articles and Essays
The recent Ohio Supreme Court decision of Holt v. Grange Mutual Casualty Co., is a consumer friendly decision and represents both an equitable and sound interpretation and application of Ohio law to consumer insurance contracts.The decision in Holt favors insurance consumers but has alarmed the insurance industry. The industry perceives the decision as bringing into question what language of an insurance policy will be upheld under the freedom of contract and what will be stricken as against public policy. First, the industry would argue that Holt seems to denigrate and abrogate the rights of an uninsurance/underinsurance provider to craft its …
Children's Rights And Family Autonomy In The South African Context: A Comment On Children's Rights Under The Final Constitution, Tshepo L. Mosikatsana
Children's Rights And Family Autonomy In The South African Context: A Comment On Children's Rights Under The Final Constitution, Tshepo L. Mosikatsana
Michigan Journal of Race and Law
This Article investigates the nature and extent of the protection granted to children's rights in the South African Constitution. It concludes that the child-centered approach of the Constitution entitles children, as independent actors, to certain fundamental rights. Acknowledging both the parent-centered nature of the existing South African legal framework and the entrenched support for practices, many rooted in indigenous law and tradition, that contribute to the oppression of children, the author argues that the constitutionalization of these rights will contribute to the betterment of children in South Africa, proving to be more than mere moral exhortation. Under apartheid in South …
Child Soldiers: An Analysis Of The Violations Of The Rights Of The Child, Rajeev Purohit
Child Soldiers: An Analysis Of The Violations Of The Rights Of The Child, Rajeev Purohit
Human Rights Brief
No abstract provided.