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Parens Patria: Fiction Of The Juvenile Court, David M. Featherstone
Parens Patria: Fiction Of The Juvenile Court, David M. Featherstone
LLM Theses and Essays
This paper briefly examines two functions of the juvenile court, contrasting theory and practice. It will be shown that in handling juvenile delinquency cases the parens patriae concept has been virtually discarded. The second area examined, that involving abused children, has to some extent functioned within the original theoretical framework. This paper presents the following basic question: Could the parens patriae concept be better implemented through a social rather than legal institution?
Judicial Opinion Analysis, John J. Daley
Judicial Opinion Analysis, John J. Daley
LLM Theses and Essays
The aim of this paper is to suggest a method of judicial opinion analysis. This method has five essential aspects: 1) form; 2) procedure; 3) precedential value; 4) authority; and 5) substance. Observation of these aspects in judicial opinions should broaden legal and jurisprudential perspective and cause critical analysis of case dispositions.