Juvenile Law Commons^™

An Attitudinal Study Of Selected Groups In The City Of The Dalles Toward The Community Attention Home, David Clitheroe, Garrett Long

Dissertations and Theses

When a family starts to dissolve it frequently comes to the attention of the court or the welfare department and what happens once its members enter the system can be of critical importance. While the number of adults incarcerated is expected to increase slightly, the alarming fact is that if we continue to confine juveniles at the same rate an increase of 70% between 1965 and 1975 can be expected. These data suggest that we should investigate alternatives to detention, not only because of the increasing pressures of space available but, more importantly, because juvenile detention has shown itself to …

The Relationship Between Promise And Performance In State Intervention In Family Life, Peter L. Strauss, Millard L. Midonick, Nanette Dembitz, Harriet F. Pilpel, David J. Rothman

Faculty Scholarship

JUDGE MIDONICK: We have a fantastic representation of our alumni here and we've overdone our 10:00 starting time and we're supposed to stop at 12:00 promptly in order for us to go to the Low Memorial Library for lunch, for those who are having lunch with us. In order to be on time for this afternoon's extravaganza we really ought to begin now. You must understand this program is entirely unrehearsed and therefore will be more interesting. We have with us today a panel of four whom I will introduce as they are to speak. The first speaker will speak …

Forcing Protection On Children And Their Parents: The Impact Of Wyman V. James, Robert A. Burt

Michigan Law Review

This Article will focus on one of the concerns implicated in Wyman: the government's power to force assistance for the protection of children, when they or their parents are unwilling to accept that assistance. The state's protective purposes in insisting that Mrs. James accept its assistance or suffer serious loss of benefits played an important role in the Wyman decision. Only a few years ago, in In re Gault, the Court refused to defer to a state's similarly beneficent motives when it was asked to withhold the imposition of procedural safeguards in juvenile delinquency proceedings. Wyman does not …

Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review

Michigan Law Review

The Uniform Probate Code (Code), which was approved by the American Bar Association in August 1969, deals with the problem of inheritance by illegitimates both with regard to intestate succession-section 2-109-and also with regard to the construction of a bequest to "children" by will-section 2-611. This Note will examine the issue whether the Code, which presents a comprehensive model for probate reform, deals with the problem of inheritance by illegitimates in an appropriate, desirable, and constitutional manner. The Code provisions concerning illegitimacy relate to many other provisions of the Code in which childhood status is relevant; therefore, it will be …

Dependency And Neglect: Indiana's Definitional Confusion, Dirk William De Roos

Indiana Law Journal

No abstract provided.

Aftermath Of Apprehension: Family Lawyer's Response, Robert F. Drinan S.J.

University of Michigan Journal of Law Reform

It is contended here that Gold and Williams' statement of their thesis in National Study of the Aftermath of Apprehension that "apprehension itself encourages rather than deters further delinquency" is not what their research proves. The research proves rather that the revelation of the apprehension to the delinquent's parents without the consent of the youth apprehended is the real cause of the youth's further delinquency. Stated more precisely, it is the attitude of the parents towards the youth who has been apprehended by the police which is the critical factor in encouraging or deterring the youth from further delinquency.

Custody Disputes And The Proposed Model Act, Carroll Leavell

Georgia Law Review

In the Adventures of Huckleberry Finn, Mark Twain describes the situation of Huck who had recently come into money, when his "drunken vagrant" father came home to claim his "rights"; Roscoe Pound used this satire to remark upon "the extent to which the older law neglected the individual interests of children... ." That this neglect continues is evident to even the most casual reader of custody cases.

Recent publicity given an Iowa case, Painter v. Bannister, has focused the attention of the public on the troubled area of custody law. A storm of protest was aroused when an Iowa judge …

A Proposal For A Modified Standard Of Care For The Infant Engaged In An Adult Activity

Indiana Law Journal

No abstract provided.

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 …

Foster Parents Versus Agencies: A Case Study In The Judicial Application Of "The Best Interests Of The Child" Doctrine, Sanford N. Katz

Michigan Law Review

A recurring problem which courts face is the need to resolve the conflict which arises when foster parents challenge the decision of agencies that have disqualified these persons from continuing their relationship with or adopting their foster child. This article will explore the role of courts in resolving these disputes and will suggest some criteria by which the courts may be guided in deciding such questions.

Buck: Children For Adoption, Sanford N. Katz

Michigan Law Review

A Review of Children for Adoption by Pearl Buck

A Child Conceived Through Artificial Insemination By A Third-Party Donor Is Illegitimate-Gursky V. Gursky, Michigan Law Review

Michigan Law Review

Husband and wife, upon discovery of the husband's inability to father children, sought to have the wife artificially inseminated. The husband gave his written consent to the clinical impregnation and agreed to pay for it. As a result of the artificial insemination a child was born. Subsequently, the wife sought an annulment and petitioned for support of this child. Held, annulment granted, and child declared illegitimate. A child conceived through artificial insemination by a third-party donor, even though done with the consent of the mother's husband, is illegitimate. Gursky v. Gursky, 39 Misc. 2d 1083, 242 N.Y.S.2d 406 …

Child Custody In A Federal System, Leonard G. Ratner

Michigan Law Review

Among the most difficult of judicial functions is the determination of a child's custody after its parents have separated. The difficulties are acute enough when all the parties remain in the same place; when the parties are in different states, an additional perplexing problem arises as to which state should have authority to make the custody decision. This broad question can be resolved into three distinct though interrelated issues: (1) what state may initially determine custody; (2) what state may later modify that determination; (3) to what extent is such a determination binding on other states.

A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The recent development in American federal criminal evidence law to be examined and compared with English law in this paper, is a new evolutionary turn taken by the husband-wife privilege against adverse spousal testimony, manifest in the Supreme Court decision of Wyatt v. United States. The House of Lords, in Rumping v. D.P.P., just decided, suggests that the English spousal privileges might be susceptible of similar development.

Parent-Child Tort Actions, Richard W. Dunn

Cleveland State Law Review

The rule in all states that have heard such actions is that an unemancipated child cannot sue his parent for a negligent tort in their ordinary family relationships. There does not appear to be any exception to that rule, unless the "business injury" rule (discussed below) is an exception. It is the opinion of this writer that this iron rule is archaic and should be changed. A total stranger may recover damages for the negligent act of a person who may be a parent, yet that same parent's own child may not recover.

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Foreword: Student Symposium On The Child And The Law, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Illegitimate Children And Conflict Of Laws, John W. Ester

Indiana Law Journal

No abstract provided.

Conflict Of Laws - Custody Decrees - Jurisdiction To Modify And Effect In Sister States, Donald R. Jolliffe S.Ed.

Michigan Law Review

Husband and wife were divorced in Wisconsin in 1956 by a judgment which awarded alimony, custody of the children, and support money to W. The custody decree provided that W be permitted to remove the children to California but that they be allowed to visit H each summer. While H was visiting California in October 1957, he was served in an action commenced by W seeking absolute custody. H returned to Wisconsin and on November 5 asked the Wisconsin court to modify its divorce judgment by awarding custody of the children to him. That court set a hearing and …

Contributory Negligence Of Children In Indiana: Capacity And Standard Of Care

Indiana Law Journal

No abstract provided.

Parental Delinquency, E. F. Samore

Cleveland State Law Review

Juvenile delinquency is a widely discussed subject. Every segment of our society has its experts on the subject, and every expert has a solution. Yet the problems not only increase, but become more and more complex in all strata of our society. The problems have become so commonplace that our society seems to be accepting them as a normal necessary evil about which little can be done. As a prosecutor or as defense counsel, I have never yet met any parents who willingly admitted fault in these problems. They insist that they have been good parents and that the fault …

Torts - Recent Legislation - Parental Liability Statutes, Joseph T. De Nicola, William J. Wise, Robert C. Casad S.Ed.

Michigan Law Review

Fourteen states now have statutes imposing vicarious liability upon parents for tortious acts of their children. These statutes, with one exception, all have been enacted within the past six years, and they present the most significant attempt to date by legislatures to control the incidence and remedy the effects of juvenile vandalism. The parental liability laws vary with respect to the ages of the children covered, and they place different pecuniary limits on the extent of the parent's liability. Coverage may extend to personal injuries as well as to property damage. All except the Louisiana statute, however, apply only to …

A Study Of Domestic Relations, Juvenile And Family Courts In Tennessee, George E. Barrett, Thomas A. Higgins

Vanderbilt Law Review

The rapid growth of industry in Tennessee, with the concomitant increase in urban population, has emphasized the gravity of certain social problems confronting the state. Not the least among these is the present state of the domestic relations and juvenile courts. The seriousness and complexity of this problem was pointed up in the last session of the General Assembly (79th Session) at which time the Senate passed a resolution authorizing the legislative council tounder take a study of the present system and to report their findings and recommendations to the next session of the General Assembly.'Pursuant to this resolution the …

Torts - Parent And Child-Doctrine Of Parental Immunity, Julian J. Linde S.Ed.

Michigan Law Review

Plaintiff, a minor, sustained injuries in a collision which occurred while he was riding in a car owned and driven by defendant, his father. The complaint alleged that defendant was guilty of willful and wanton misconduct, consisting of speeding on a wet road on a foggy night and of running a stop light. A motion to dismiss on the ground that the suit was contrary to public policy was sustained. On appeal, held, reversed. The doctrine of parental immunity is inapplicable to cases of willful and wanton misconduct. Nudd v Matsoukas, (III. 1956) 131 N.E. (2d) 525.

Torts - Parent - Child Action By Child For Indirect Interference With Family Relationship, William R. Jentes S.Ed.

Michigan Law Review

Five minor children sued for the loss of their mother's support, care and affection which resulted from the defendant's negligent injury of the mother in an auto accident. Defendant moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Held, motion denied. A minor child has a cause of action for damages resulting from an indirect, negligent interference with his rights in the family relationship. Scruggs v. Meredith, (D.C. Hawaii 1955) 134 F. Supp. 86.8.

Equity-Power Of Court To Order Operation On Child Over Parental Objection For Purpose Of Preventing Harmful Psychological Reaction In Child [In Re Seiferth, N. Y. 1954]

Washington and Lee Law Review

No abstract provided.

Descent And Distribution - Intestate Succession From An Adopted Child - Who Aim His "Brothers And Sisters", Jack G. Armstrong

Michigan Law Review

Decedent had never married and was predeceased by his natural and adopted parents. The California statute provided that in such a case his property would go to his brothers and sisters. Appellant, the natural daughter of decedent's adopted parents, contended that she was his sole heir under this statute, while respondent, decedent's natural brother, argued that the term ''brothers and sisters" meant blood relatives. The superior court applied the common meaning of the words brothers and sisters and held that appellant was not such a person. On appeal, held, reversed. Since the entire pattern of the California code indicates …

Advancements: Iii, Harold I. Elbert

Michigan Law Review

Many states have statutes which provide that support, maintenance and education of a child will not be considered an advancement unless the parent intended it as such. The Kentucky statute is typical and it reads in part as follows: " . . . the maintaining or educating or the giving of money, to a child or grandchild without any view to a portion or settlement in life, shall not be deemed an advancement." Most states do not have statutes of that type but by judicial decision reach a result that is in accord with the statutory provision just quoted.

Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein

Michigan Law Review

Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …

Torts - Child's Right To Recover For Alienation Of Parent's Affection, Marvin O. Young S.Ed.

Michigan Law Review

Plaintiff's parents were divorced in 1934 when plaintiff was five years old. Custody of plaintiff was awarded to her mother, but plaintiff alleged that she received "usual paternal love, affection, maintenance, and support" from her father until 1941, when plaintiff's father took defendant as his mistress, keeping her until his death in 1952. Plaintiff brought this action for damages on the theory that defendant alienated the affections of her father, thereby depriving plaintiff of fatherly affection, guidance and support. Defendant's demurrer was overruled by the trial court. On appeal, held, reversed. In the absence of a statute, a child …