Open Access. Powered by Scholars. Published by Universities.®

Juvenile Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 391 - 413 of 413

Full-Text Articles in Juvenile Law

The Legally Queer Child, Bruce Macdougall Jan 2004

The Legally Queer Child, Bruce Macdougall

All Faculty Publications

This article explores the various presumptions and arguments of Canadian courts in largely denying queer children a legal presence. An analysis of the intersection of homosexuality and children is explored with a view to arguing that legally, queer children deserve a voice. The author begins by outlining the development of the legal conceptualization of the "child". This conceptualization led to the notion of the child as innocent, and thus in need of protection. In comparison, homosexuals came to be characterized as "aberrant" and "predatory". Protecting children from homosexuals then became a simple step of logic, which ultimately led to the …


Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush Jan 2003

Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush

UF Law Faculty Publications

This paper explores the harm of teaching The Adventures of Huckleberry Finn in public school classrooms. Such harm can be broadly described as emotional segregation, which occurs when society sanctions disrespect. To illustrate the effects of emotional segregation, this article explores the reaction Black students and parents have to the novel to that of White students and parents. White students eagerly imagine being Huck and going on his adventures. Black students, however, cannot and should not even be asked to try to imagine being Huck and betraying their racial identity. But then who are the Black students supposed to identify …


Rights Of Children: Educational And Legal Implications For Schools: An Australian Perspective, Douglas J. Stewart Mar 2002

Rights Of Children: Educational And Legal Implications For Schools: An Australian Perspective, Douglas J. Stewart

Brigham Young University Education and Law Journal

No abstract provided.


Unlocking The Closet Door: Protecting Children From Involuntary Civil Commitment Because Of Their Sexual Orientation, Miye Goishi Jan 1997

Unlocking The Closet Door: Protecting Children From Involuntary Civil Commitment Because Of Their Sexual Orientation, Miye Goishi

Faculty Scholarship

No abstract provided.


Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz Jan 1996

Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz

Michigan Journal of Gender & Law

Part I of this Article will discuss some of the legal difficulties associated with co-parenting and why lesbian couples have sought second-parent adoptions. Part II will examine the particular statutory obstacles to second-parent adoptions and then analyze the various ways courts in several states have overcome these obstacles. Finally, Part III will discuss the implications of these decisions in terms of their creation of legal and social norms.


The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi Jan 1996

The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi

Seattle University Law Review

Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …


Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr. Sep 1995

Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr.

University of the District of Columbia Law Review

The focus of this Article, however, is on the more pervasive problem of overzealous police officers acting on less than probable cause or even less than reasonable articulable suspicion. Police officers may frequently act on hunches or suspicions with the attitude that their actions will not be questioned, especially when the victim is a minor and may not be savvy enough to know his or her legal rights. Officers may believe they can act with impunity because of the combination of socio-economic conditions in public housing areas and in other low-income housing areas, or where there are a substantial number …


Imagining Children's Rights, Suellyn Scarnecchia Jan 1995

Imagining Children's Rights, Suellyn Scarnecchia

Articles

Today, I will tell you some stories about real, live children, whose futures have been determined by our legal system. To speak of children's rights hypothetically, raises images of children suing to go live with their rich uncle or suing to demand a Nintendo system from their parents. I hope that by bringing you stories of the legal system's treatment of real children, you will have a better understanding of what I mean by children's rights and why they must be recognized. Although children's rights have been recognized in limited ways in the areas of free speech, criminal law and …


Building Bridges: A Personal Reflection On Race, Crime, And The Juvenile Justice System, Fay Wilson Hobbs Mar 1994

Building Bridges: A Personal Reflection On Race, Crime, And The Juvenile Justice System, Fay Wilson Hobbs

Washington and Lee Law Review

No abstract provided.


A Minority View Of Juvenile "Justice", Coramae Richey Mann Mar 1994

A Minority View Of Juvenile "Justice", Coramae Richey Mann

Washington and Lee Law Review

No abstract provided.


Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel Jan 1992

Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel

Florida State University Law Review

No abstract provided.


Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson Jan 1990

Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson

Law Faculty Articles and Essays

Liberal lawyers encounter grim alternatives caused by the Supreme Court's relentless shift to the right, particularly if they consider stare decisis a major constitutional value. They can attack specific decisions, demonstrating inconsistencies with prior cases, conclusory reasoning and/ or poor policy. They can use history, jurisprudence or even literature to make broad-based critiques of the Court's increasing callousness. They can propose counter-doctrine which is consistent with existing caselaw. The third response may appear quixotic, even naive, given the present Court. Nevertheless, exploration of progressive alternatives illuminates existing doctrine and provides potential openings if the Court ever decides to become more …


An Abused Child's Right To Life, Liberty, And Property In The Home: Constitutional Approval Of State Inaction, Michael J. Florio Sep 1989

An Abused Child's Right To Life, Liberty, And Property In The Home: Constitutional Approval Of State Inaction, Michael J. Florio

West Virginia Law Review

No abstract provided.


Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio Jan 1988

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.


The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer Jan 1986

The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer

Seattle University Law Review

This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.


Exclusion Of Families With Children From Housing, George Palmer Schober Jun 1985

Exclusion Of Families With Children From Housing, George Palmer Schober

University of Michigan Journal of Law Reform

This Note attempts to resolve the most significant problems raised by discrimination against children in housing. Part I briefly analyzes the prevalence of child exclusion in different types of housing. It also provides a statistical analysis of the rental housing market to enable the reader to gauge the extent of the problem in one type of housing. Part II discusses policy arguments supporting both those who seek to exclude children and those who advocate government policies forbidding exclusion. Part III then examines the various approaches that states have adopted in this area, as well as federal implications of the issue. …


Schall V. Martin, Lewis F. Powell, Jr. Oct 1983

Schall V. Martin, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Illegitimacy: An Examination Of Bastardy, Michigan Law Review Mar 1983

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman


A Guide To Pennsylvania Delinquency Law, Leonard Packel Jan 1975

A Guide To Pennsylvania Delinquency Law, Leonard Packel

Villanova Law Review (1956 - )

No abstract provided.


The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd Jan 1972

The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd

Villanova Law Review (1956 - )

No abstract provided.


The First Amendment And Education - A Plea For Peaceful Coexistence, Dan L. Johnston Jan 1972

The First Amendment And Education - A Plea For Peaceful Coexistence, Dan L. Johnston

Villanova Law Review (1956 - )

No abstract provided.


Student Discipline In Public Schools Under The Constitution, William D. Valente Jan 1972

Student Discipline In Public Schools Under The Constitution, William D. Valente

Villanova Law Review (1956 - )

No abstract provided.


Equal Protection For The Illegitimate, Harry D. Krause Jan 1967

Equal Protection For The Illegitimate, Harry D. Krause

Michigan Law Review

In our time the general constitutional phrase promising equal protection has become specific law. It has been used to invalidate many state statutes which discriminated on the basis of race or other arbitrary criteria. Definite rules have been developed for this process of invalidation. These rules will be applied below to state and federal legislation that favors the legitimate child and discriminates against the illegitimate in matters of inheritance rights, rights of support, rights of name and custody, and social welfare. The question that will be asked is whether state and federal legislation may constitutionally discriminate between children on the …