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Articles 1 - 30 of 32
Full-Text Articles in Law
Behavioral Genetics And The Best Interests Of The Child Decision Rule, David J. Herring
Behavioral Genetics And The Best Interests Of The Child Decision Rule, David J. Herring
University of Michigan Journal of Law Reform
This Article proposes that modern child custody law should be reassessed in light of recent scientific findings. Judicial determinations of custody use the "best interests of the child" rule. The rule is justified to a large extent by the goal of maximizing child developmental outcomes. The assumption is that a child whose "best interests" are protected stands a better chance of becoming a socially well-adjusted, productive and prosperous citizen.
Recent child development studies have shown that so-called "shared environment, "or home environment factors have little effect on child development so long as the shared environment is minimally adequate. Genetics and …
Criminal Procedure Limitations On Prosecution: Enable Prosecution For Serious Violent Felonies To Be Commenced At Any Time Under Certain Circumstances; Provide For An Increase In The Statute Of Limitations For Aggravated Sodomy; Provide For Increase In Age Limitation On Prosecutions Of Certain Crimes Involving Children Who Are Victims Be Increased To Age Eighteen, John Hamrick
Georgia State University Law Review
The Act provides that prosecution for serious violent offenses may be commenced at any time under certain circumstances. The Act removes the statute of limitation for the prosecution of Armed Robbery, Kidnapping, Rape, Aggravated Child Molestation, Aggravated Sodomy, and Aggravated Sexual Battery when DNA evidence is available to determine the identity of the accused and a sufficient portion of such DNA evidence is available for the accused to test. The Act also provides that the age limitation on prosecutions of certain crimes involving children who are victims be increased to age eighteen.
Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith
Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith
University of Michigan Journal of Law Reform
This Article evaluates strategies to challenge employment discrimination based on parental status. Specifically, it examines proposals put forth by some commentators to establish parental status as a protected class. While such a suggestion is attractive, the Article argues that it ultimately offers few practical advantages and remains wedded to a limited conception of equality, requiring only that employment decisions not reflect differences based on parenthood. Consequently, such a strategy would satisfy anti-discrimination legislation so long as both men and women with parental obligations are equally ill-treated. The Article concludes that a shift in perspective from gender to parental status will …
Does Censorship Really Protect Children?, Michael Grossberg
Does Censorship Really Protect Children?, Michael Grossberg
Federal Communications Law Journal
Book Review: Not In Front of the Children, “Indecency,” Censorship, and the Innocence of Youth, Marjorie Heins, New York: Hill and Wang, 2001, 402 pages.
Marjorie Heins spent much of her career as a lawyer battling censorship with the American Civil Liberties Union. Today, she continues the fight as Director of the Free Expression Policy Project of the National Coalition Against Censorship. In an effort to understand the people who work to constrict the free flow of information, she stepped out of the trenches and into the library to do some research. Not In Front of the Children is the …
Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.
Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.
Michigan Journal of Race and Law
This Symposium, convened by the Michigan Journal of Race & Law, was designed to address many of the issues raised by Donny Gonzalez, a student at a Washington, D.C. high school, on the subject of poverty and race and its effects on school-aged youth. Bringing together a diverse group of speakers and attracting a broad cross-section of the university and Ann Arbor communities, the Separate but Unequal Symposium addressed a range of issues, including: the ongoing relevance of integration, the role of charter schools and other alternative programs, and promising strategies for achieving greater educational equality. A theme linking …
Hearsay Exceptions: Adjusting The Ratio Of Intuition To Psychological Science, John E. B. Myers, Ingrid Cordon, Simona Ghetti, Gail S. Goodman
Hearsay Exceptions: Adjusting The Ratio Of Intuition To Psychological Science, John E. B. Myers, Ingrid Cordon, Simona Ghetti, Gail S. Goodman
Law and Contemporary Problems
Myers explores hearsay exeptions by examining three exceptions: excited utterances, statements for purposes of diagnosis or treatment, and the residual hearsay exception. The focus is child declarants, and these exceptions play key roles in child abuse litigation.
Applying Suggestibility Research To The Real World: The Case Of Repeated Questions, Thomas D. Lyon
Applying Suggestibility Research To The Real World: The Case Of Repeated Questions, Thomas D. Lyon
Law and Contemporary Problems
One can discern two parallel trends in the law and the psychology of child witnesses. In the law, appellate courts are beginning to stem the once powerful movement to increase the acceptance of children's testimony and the admissibility of children's out-of-court statements. Lyon analyzes particular strands of each trend.
The Plight Of The Street Children Of Latin America Who Are Addicted To Sniffing Glue, And The Role And Responsibilities Of Transnational Corporations, Charmaine J. Comprosky
The Plight Of The Street Children Of Latin America Who Are Addicted To Sniffing Glue, And The Role And Responsibilities Of Transnational Corporations, Charmaine J. Comprosky
ILSA Journal of International & Comparative Law
A great concern for the international community is protecting the rights of children around the world.'
Introduction, Michael J. Pappas
Introduction, Michael J. Pappas
Journal of Health Care Law and Policy
No abstract provided.
Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene
Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene
Journal of Health Care Law and Policy
No abstract provided.
The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon
The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon
Journal of Health Care Law and Policy
No abstract provided.
Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum
Journal of Health Care Law and Policy
No abstract provided.
Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton
Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton
Journal of Health Care Law and Policy
This foreword was written as an introduction to the May 2001 symposium sponsored by the University of Maryland Law and Health Care Program entitled "Children with Special Needs: the Intersection of Health Care Education & the Law.
Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien
Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien
Journal of Health Care Law and Policy
No abstract provided.
The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary
The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary
Journal of Health Care Law and Policy
No abstract provided.
Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson
Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson
Journal of Health Care Law and Policy
No abstract provided.
The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis
The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis
Journal of Health Care Law and Policy
No abstract provided.
Regulation Of Research With Children: The Evolution From Exclusion To Inclusion, Duane Alexander
Regulation Of Research With Children: The Evolution From Exclusion To Inclusion, Duane Alexander
Journal of Health Care Law and Policy
No abstract provided.
(Women And) Children First: Applicable To Lifeboats? Applicable To Human Experimentation?, Lainie Friedman Ross, M. Justin Coffey
(Women And) Children First: Applicable To Lifeboats? Applicable To Human Experimentation?, Lainie Friedman Ross, M. Justin Coffey
Journal of Health Care Law and Policy
No abstract provided.
The Lead-Based Paint Abatement Repair & Maintenance Study In Baltimore: Historic Framework And Study Design, Joanne Pollak
The Lead-Based Paint Abatement Repair & Maintenance Study In Baltimore: Historic Framework And Study Design, Joanne Pollak
Journal of Health Care Law and Policy
No abstract provided.
Forensic Interviews Of Children: The Components Of Scientific Validity And Legal Admissibility, Nancy E. Walker
Forensic Interviews Of Children: The Components Of Scientific Validity And Legal Admissibility, Nancy E. Walker
Law and Contemporary Problems
The problems associated with assessments of children's reports of victimization in criminal proceedings came to national attention during the 1980s and 1990s in a series of highly publicized trials of daycare staff. Walker describes information that professionals need to know if they are to conduct valid interview of children in forensic contexts.
"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor
"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor
Michigan Journal of Race and Law
The work that has focused on within-school segregation has been most concerned with how this phenomenon limits the educational opportunities and might incur a psychological toll on the mass of Black students who find themselves relegated to lower-ability classrooms in integrated schools. This Article, however, allows us to begin to examine the other side of the coin. It reports on how within-school segregation practices create psychological, social, and educational pressures for those few Black students who have escaped enrollment in the least rigorous courses in their school. More precisely, the Article offers insight into how high achieving Black students in …
Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law
Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
Transcript of the symposium, which took place at the University of Michigan Law School on Saturday, February 9, 2002 in Hutchins Hall.
The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey
The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey
Michigan Journal of Race and Law
After a brief overview of school finance litigation since Rodriguez and school desegregation cases since Brown, Part I argues that the "adequacy" model of reform addresses many of the underlying concerns of the equity model without sharing its methodological and strategic shortcomings. Part II focuses in more detail on Campaign for Fiscal Equity v. State ("CFE"). Part III argues that education reform that is implemented after a finding that a state has violated a state constitutional duty should: (1) equalize funding to the extent necessary to guarantee certain minimum necessary inputs such as qualified teachers, small class …
Parental Consent For Children's Participation In Biomedical Research: The Ethical, Regulatory, And Judicial Framework Of Grimes V. Kennedy Krieger Institute, Inc., Karen Smith Thiel
Parental Consent For Children's Participation In Biomedical Research: The Ethical, Regulatory, And Judicial Framework Of Grimes V. Kennedy Krieger Institute, Inc., Karen Smith Thiel
Journal of Health Care Law and Policy
No abstract provided.
New Perspectives On Education Children With Adhd: Contributions Of The Executive Functions, Gerard A. Gioia, Peter K. Isquith
New Perspectives On Education Children With Adhd: Contributions Of The Executive Functions, Gerard A. Gioia, Peter K. Isquith
Journal of Health Care Law and Policy
No abstract provided.
The Kennedy Krieger Case: Judicial Anger And The Research Enterprise, Jack Schwartz
The Kennedy Krieger Case: Judicial Anger And The Research Enterprise, Jack Schwartz
Journal of Health Care Law and Policy
No abstract provided.
The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller
The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller
Law and Contemporary Problems
Mosteller examines the treatment of children as victims and witnesses in criminal trials, most frequently involving sexual abuse, over the last quarter of the twentieth century, and from that experience, to draw lessons. He also examines what has been learned about the hearsay exception for "statements for purposes of medical diagnosis of treatment."
Why Children’S Suggestibility Remains A Serious Concern, Amye R. Warren, Dorothy F. Marsil
Why Children’S Suggestibility Remains A Serious Concern, Amye R. Warren, Dorothy F. Marsil
Law and Contemporary Problems
Warren and Marsil focus on six areas representing some of the most intractable problems that will require further attention from scientists and practitioners alike. Research on child witnesses is highlighted, concentrating primarily on studies published or presented in the past ten years.
Postpartum Psychosis: A Legitimate Defense For Negating Criminal Responsibility?, Sandy Meng Shan Liu
Postpartum Psychosis: A Legitimate Defense For Negating Criminal Responsibility?, Sandy Meng Shan Liu
The Scholar: St. Mary's Law Review on Race and Social Justice
Infanticide is the most prevalent violent crime committed by women and has occurred throughout history for various reasons including sacrifice, birth control, eugenics, shame, and fear of punishment for adultery. Postpartum mood disorders have been recognized as a legitimate mental illness since the fourth century, and approximately fifty to eighty percent of new mothers experience some degree of depression after giving birth. Postpartum depression can progress into psychosis so quickly that new mothers may not even notice impairment of thinking skills. Defendants face many problems when using postpartum psychosis as a defense. One of the challenges of presenting postpartum psychosis …