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Articles 421 - 450 of 523
Full-Text Articles in Juvenile Law
Tradition & The Abolition Of Capital Punishment For Juvenile Crime, Harry F. Tepker Jr.
Tradition & The Abolition Of Capital Punishment For Juvenile Crime, Harry F. Tepker Jr.
Oklahoma Law Review
No abstract provided.
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Deterring Roper’S Juveniles: Why Immature Criminal Youth Require The Death Penalty More Than Adults – A Law & Economics Approach, Moin A. Yahya
Deterring Roper’S Juveniles: Why Immature Criminal Youth Require The Death Penalty More Than Adults – A Law & Economics Approach, Moin A. Yahya
ExpressO
In Roper v. Simmons, the United States Supreme Court declared the death penalty for juveniles unconstitutional. It relied on three reasons, one of which concerns this article, namely the theory that juveniles are less culpable and deterrable than adults. The Court relied on the American Medical Association’s amicus brief which purported to show scientifically that juveniles had less developed brains than adults. The Court characterized juveniles as being risk-lovers who highly preferred the present over the future, who loved gains no matter how risky but did not care for losses, and who could not engage in proper cost-benefit analysis, because …
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Federal Communications Law Journal
Congress introduced the Children's Internet Protection Act ("CIPA") in order to filter obscene and indecent material in response to a perceived threat to members of the public, specifically minors, who are exposed to pornographic material on the Internet. The provisions of CIPA have provoked tension between two competing interests: protecting minors from cyberpornography, and safeguarding First Amendment rights. This Note argues that the Supreme Court erred by upholding the constitutionality of CIPA. As a result of the Supreme Court's decision, the nation's youth will have restricted access to constitutionally protected information. The Court improperly relied on a provision of the …
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Ohio State University Moritz College of Law Working Paper Series
The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …
Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus
Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus
Scholarly Works
Although legal scholars often assume that the history of children's rights in the United States did not begin until the mid twentieth century, this essay argues that a sophisticated conception of children's rights existed a century earlier, and analyzes how lawmakers articulated it through their attempts to define the rights of dependent children. How to handle their cases raised fundamental questions about whether children were autonomous beings or the property of either their parents and/or the state. And, if the latter, what were the limits of parental authority and/or the power of the state acting as a parent? By investigating …
Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca
Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Rave Act: A Specious Solution To The Serious Problem Of Increased Ecstasy Distribution Within The United States That Is Unconstitutionally Overbroad, Erin Treacy
ExpressO
The RAVE Act amends the 1986 "Crackhouse Statute" on the assumption that electronic music concerts are comparable to crackhouses. This article submits that the rationale behind the former Crackhouse statute does not logically support the RAVE Act and that the new law, as enacted, is unconstitutionally overbroad, infringing upon First Amendment rights. This article shows that the “rave culture,” its associated drug use and electronic music performances (sometimes known as raves) are not inextricably linked. The article also explores policy arguments that may be asserted against the RAVE Act and provides suggestions on how to amend the existing statute to …
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
ExpressO
No abstract provided.
International Child Abductions: The Challenges Facing America , Charles F. Hall
International Child Abductions: The Challenges Facing America , Charles F. Hall
ExpressO
International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …
One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva Nilsen
One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva Nilsen
Faculty Scholarship
Various studies reported that juvenile crimes of violence fell in the 1990s by as much as 30%. 10 In high schools specifically, the incidence of threatening behavior in 1996 changed little from two decades earlier, 11 with the chances of being killed in school far less than being struck by lighting. 12 The "juvenile crime bomb" proved illusory (as Delulio himself eventually acknowledged 13), but the severe measures designed to deal with it remain entrenched. Zero tolerance has taken on a life of its own, partly because public misperception remains high, 14 and partly because in our hardheaded times …
Reflecting On The Virtual Child Porn Decision, 36 J. Marshall L. Rev. 211 (2002), David L. Hudson
Reflecting On The Virtual Child Porn Decision, 36 J. Marshall L. Rev. 211 (2002), David L. Hudson
UIC Law Review
No abstract provided.
The Indecency Of Unsolicited Sexually Explicit Email: A Comment On The Protection Of Free Speech V. The Protection Of Children, Monique Redford
The Indecency Of Unsolicited Sexually Explicit Email: A Comment On The Protection Of Free Speech V. The Protection Of Children, Monique Redford
Seattle University Law Review
Because the state of Washington has a compelling interest in protecting the moral and psychological welfare of its children, the current spam law should be amended to also proscribe the transmission of unsolicited sexually explicit commercial email within its borders. This article argues that such an amendment would not violate either the dormant Commerce Clause or the First Amendment. In support of this thesis, section II first addresses the pervasive problem of children-not just adults-receiving sexually explicit material via unsolicited email. Then, sections III through V discuss the implications of the dormant Commerce Clause, the First Amendment, and the policy …
The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson
The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson
UIC Law Review
No abstract provided.
The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman
The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman
Articles
The adjudication of child abuse claims poses an excruciatingly difficult conundrum. The crime is a terrible one, but false convictions are abhorrent. Often the evidence does not support a finding of guilt or innocence with sufficient clarity to allow a decision free of gnawing doubt. In many cases, a large part of the problem is that the prosecution's case depends critically on the statement or testimony of a young child. Even with respect to adult witnesses, the law of hearsay and confrontation is very perplexing, as anyone who has studied American evidentiary law and read Supreme Court opinions on the …
A Tale Of Two Curfews (And One City): What Do Two Washington, D.C. Juvenile Curfews Say About The Constitutional Interpretations Of District Of Columbia Courts And The Confusion Over Juvenile Curfews Everywhere, Adam W. Poff
Villanova Law Review (1956 - )
No abstract provided.
Minors As Medical Decision Makers: The Pretextual Reasoning Of The Court In The Abortion Cases, J. Shoshanna Ehrlich
Minors As Medical Decision Makers: The Pretextual Reasoning Of The Court In The Abortion Cases, J. Shoshanna Ehrlich
Michigan Journal of Gender & Law
By examining the Court's failure to consider the allocation of authority between parents and children in the critical realm of medical decision making, this article exposes the irrationality of the Court's acceptance of limitations on the abortion rights of minors and reveals the pronatalist thrust of the parental involvement decisions. The article begins by looking at how the Roe Court characterized abortion as a medical decision, followed by a discussion about the medical decision-making rights of minors. Rooted in this medical paradigm, the article then turns to the parental involvement cases to examine the Court's failure to consider the medical …
Juvenile Curfews And Fundamental Rights Methodology, Calvin R. Massey
Juvenile Curfews And Fundamental Rights Methodology, Calvin R. Massey
Faculty Scholarship
No abstract provided.
When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith
UIC Law Review
No abstract provided.
When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred
When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred
Scholarly Works
Sexual harassment can take a variety of forms. It can be verbal, nonverbal or physical. Often it takes the form of hateful and harassing speech. In the AAUW Survey, 76% of the girls and 56 % of the boys surveyed had been the target of sexual comments, jokes, gestures or looks. Even when the harassment includes physical contact of some nature, it is typically accompanied or preceded by verbal harassment. While school officials and parents look for solutions to these problems, courts are struggling with the questions as well. In recent years, the problem of student-on-student sexual harassment has found …
Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey
Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey
Villanova Law Review (1956 - )
No abstract provided.
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.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
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 …
The Sixth Amendment: Protecting Defendants' Rights At The Expense Of Child Victims, 30 J. Marshall L. Rev. 767 (1997), Julie A. Anderson
The Sixth Amendment: Protecting Defendants' Rights At The Expense Of Child Victims, 30 J. Marshall L. Rev. 767 (1997), Julie A. Anderson
UIC Law Review
No abstract provided.
Reflections On The Juvenile Death Penalty: Contravention Of Precedent And Public Opinion, Kim A. Lechner
Reflections On The Juvenile Death Penalty: Contravention Of Precedent And Public Opinion, Kim A. Lechner
In the Public Interest
No abstract provided.
The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle
The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle
Loyola University Chicago Law Journal
No abstract provided.
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
UIC Law Review
No abstract provided.
The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi
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 …