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Articles 1 - 29 of 29
Full-Text Articles in Law
The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham
Georgia Journal of International & Comparative Law
No abstract provided.
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe
Georgia Journal of International & Comparative Law
There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to adult criminal courts to be tried and sentenced as adult offenders. Despite the implicit recognition of the constitutionality of this practice by the United States Supreme Court, this paper contends that the transfer of child offenders to adult criminal courts violates key provisions of the Convention on the …
Bending The Arc Toward Justice: The Current Era Of Juvenile Justice Reform In Georgia, Melissa D. Carter
Bending The Arc Toward Justice: The Current Era Of Juvenile Justice Reform In Georgia, Melissa D. Carter
Georgia Law Review
America’s juvenile justice system is experiencing another era of reform. The formal juvenile justice system originated from the ideology and methods of social reformers who viewed deviant behavior as a treatable condition and sought redemption of criminal youth. In the first era of reform, that view powered the state’s exercise of its parens patriae authority and produced a paternalistic judiciary and institutions that used custody as a means of achieving social control. Over time, changing political and social views of childhood and a growing recognition in the law of children as rights-holders shifted the system’s focus away from the rehabilitative …
Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Andrea Woods, Sandra G. Mayson, Lauren Sudeall, Guthrie Armstrong, Anthony Potts
Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Andrea Woods, Sandra G. Mayson, Lauren Sudeall, Guthrie Armstrong, Anthony Potts
Georgia Law Review
This Article presents a mixed-methods study of misdemeanor bail practice across Georgia in the wake of reform. We observed bail hearings and interviewed system actors in a representative sample of fifty-five counties to assess the extent to which pretrial practice conforms to legal standards clarified in Senate Bill 407 and Walker v. Calhoun. We also analyzed jail population data published by county jails and by the Georgia Department of Community Affairs. We found that a handful of counties have made promising headway in adhering to law and best practices, but that the majority have some distance to go. Most counties …
Juvenile Justice Reform In Georgia: A Collective Decisionmaking Approach To De-Politicize Crime And Punishment, The Honorable Steven Teske
Juvenile Justice Reform In Georgia: A Collective Decisionmaking Approach To De-Politicize Crime And Punishment, The Honorable Steven Teske
Georgia Law Review
Since the creation of the first juvenile court in 1899, juvenile courts have undergone periods of transition in response to legislative enactments prompted by societal events or in response to legal challenges involving due process rights of children. This Article examines politics and the extent in which it played a role in shaping juvenile justice and crime policies and its impact on children and public safety. In this critical review of each period of transition, this Article concludes that the lack of success among juvenile justice agencies, including the courts, is predominately the result of the politicizing of crime and …
Probation And Monetary Sanctions In Georgia: Evidence From A Multi-Method Study, Sarah Shannon
Probation And Monetary Sanctions In Georgia: Evidence From A Multi-Method Study, Sarah Shannon
Georgia Law Review
Georgia leads the nation in probation supervision, which has been the subject of recent legislative reforms. Probation supervision is the primary mechanism for monitoring and collecting legal financial obligations (LFOs) from people sentenced in Georgia courts. This Article analyzes how monetary sanctions and probation supervision intersect in Georgia using quantitative data from the Department of Community Supervision as well as interviews with probationers and probation officers gathered as part of the Multi-State Study of Monetary Sanctions between 2015 and 2018. Several key findings emerge: (1) there is substantial variation between judicial districts in the amount of fines and fees ordered …
Towards A Parent-Inclusive Attorney-Client Privilege, Sande L. Buhai
Towards A Parent-Inclusive Attorney-Client Privilege, Sande L. Buhai
Georgia Law Review
Few state or federal courts recognize a parent-child
testimonial or communication privilege. Yet, courts
recognize privileges between spouses, clergy-penitent,
and therapist-patient. Supported by the Wigmore test
that legitimized these privileges, this paper argues that
the attorney-client privilege should still exist even if (1)
a client’s parent is included in an attorney-client
meeting in an advisory capacity; (2) the child discloses
contents of the attorney-client communications to the
child’s parent; or (3) the child discusses the contents of
the attorney-client communications with the child’s
parent.
Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune
Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune
Georgia Journal of International & Comparative Law
No abstract provided.
The Syrian Crisis: Violations Of Basic Human Rights And Particularly Children's Rights, Ranee K.L. Panjabi
The Syrian Crisis: Violations Of Basic Human Rights And Particularly Children's Rights, Ranee K.L. Panjabi
Georgia Journal of International & Comparative Law
No abstract provided.
An Aggravating Adolescence: An Analysis Of Juvenile Convictions As Statutory Aggravators In Capital Cases, Lesley A. O'Neill
An Aggravating Adolescence: An Analysis Of Juvenile Convictions As Statutory Aggravators In Capital Cases, Lesley A. O'Neill
Georgia Law Review
In death penalty cases there is a requirement that
certain statutory aggravators must be present in order to
reach a death verdict. One such statutory aggravator in
most states is the defendant having previously committed
a felony, which can include crimes committed as a
juvenile. While the Supreme Court ruled in 2005 that
sentencing a defendant to death for crimes they committed
as a juvenile is unconstitutional, many states' death
penalty statutes allow for the possibility that the sole
aggravator relied on for a verdict of death is a previous
juvenile conviction. This Note argues that based on the
Court's …
Recent Developments; Immigration And Naturalization -- Effect Of State Conviction Of Minor Drug Offense By Youthful Offenders -- Availability Of Relief From Mandatory Deportation Based On State Certificate Of Relief From Disabilities Granted As A Result Of The Conviction (Rehman V. Immigration And Naturalization Service, 2d Cir 1976), Donna R. Christie
Georgia Journal of International & Comparative Law
No abstract provided.
Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner
Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner
Georgia Journal of International & Comparative Law
No abstract provided.
Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner
Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner
Georgia Journal of International & Comparative Law
No abstract provided.
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Books Received, Georgia Journal Of International And Comparative Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Supreme Court And The Rehabilitative Ideal, Chad Flanders
The Supreme Court And The Rehabilitative Ideal, Chad Flanders
Georgia Law Review
Graham v. Florida was a watershed decision, not least because of the centrality of the "rehabilitative ideal" to its holding that life in prison for juveniles convicted of nonhomicide crimes was cruel and unusual. The Court's emphasis on rehabilitation was surprising both because rehabilitation was barely included as a 'purpose of punishment" in prior decisions of the Court, but also in terms of the history of academic and legislative skepticism toward rehabilitation. Courts and commentators have struggled to make sense of both the meaning and the scope of Graham's rehabilitative holding. This Article places Graham in the context of the …
Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel
Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel
Georgia Journal of International & Comparative Law
No abstract provided.
The Sex Tourism Industry Spreads To Costa Rica And Honduras: Are These Countries Doing Enough To Protect Their Children From Sexual Exploitation?, Nancy Beyer
Georgia Journal of International & Comparative Law
No abstract provided.
There's No Place Like Home. Determining Habitual Residence: Feder V. Evans-Feder, Katherine V. Hung
There's No Place Like Home. Determining Habitual Residence: Feder V. Evans-Feder, Katherine V. Hung
Georgia Journal of International & Comparative Law
No abstract provided.
Innocence Snatched: A Call For A Multinational Response To Child Abduction That Facilitates Sexual Exploitation, Shawronda Higgins-Thornton
Innocence Snatched: A Call For A Multinational Response To Child Abduction That Facilitates Sexual Exploitation, Shawronda Higgins-Thornton
Georgia Journal of International & Comparative Law
No abstract provided.
Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel
Georgia Journal of International & Comparative Law
No abstract provided.
"Where You Stand Depends On Where You Sit": Should The United States' Fda Have Followed The Lead Of Great Britain's Mhra In Banning Antidepressant Drug Use In Children And Adolescents?, Jennifer Dorminey
Georgia Journal of International & Comparative Law
No abstract provided.
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie
Georgia Journal of International & Comparative Law
No abstract provided.
Sad Stories: Trafficking In Children - Unique Situations Requiring New Solutions, Virginia Garrard
Sad Stories: Trafficking In Children - Unique Situations Requiring New Solutions, Virginia Garrard
Georgia Journal of International & Comparative Law
No abstract provided.
Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera
Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green
The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green
Georgia Journal of International & Comparative Law
No abstract provided.
A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark
A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark
Georgia Journal of International & Comparative Law
No abstract provided.
Amy And Vicky's Cause: Perils Of The Federal Restitution Framework For Child Pornography Victims, Robert W. Jacques
Amy And Vicky's Cause: Perils Of The Federal Restitution Framework For Child Pornography Victims, Robert W. Jacques
Georgia Law Review
Child pornography is unique among violent crimes in at
least one aspect: victims are harmed not only from their
initial abuse but also from knowing that people on the
Internet continue to view the images. In recent years, a
split has arisen among federal courts on whether victims
of child pornography are entitled to restitution from non-
production offenders, i.e., offenders that were not involved
in the initial abuse of victims. The controversy has
surrounded 18 U.S.C. § 2259-the mandatory restitution
statute for sex offenses. While some courts find victim
harm not sufficiently traceable to the crimes at issue to …