Juvenile Law Commons^™

Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz

Seattle Journal for Social Justice

No abstract provided.

Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman

Seattle Journal for Social Justice

No abstract provided.

Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns

Seattle Journal for Social Justice

No abstract provided.

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.

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.

The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins

Lisa PytlikZillig Publications

The field of public engagement, participation and deliberation is fraught with conflicting results that are difficult to interpret due to the very different methods and measures used. Theory advancement and consistent operationalization and assessment of key public deliberation and engagement variables will benefit considerably from standardized measures of constructs and the ability to compare across studies. In this article, drawing from social and educational psychology, we describe the theoretical bases for scales assessing eight varieties of participant engagement that may be experienced during participation activities: Active learning, conscientious, uninterested, creative, open-minded, closed-minded, angry, and social engagement. We describe our development …

Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan

Faculty Publications

This article is the first scholarly examination of Missouri’s unusual juvenile court structure: Missouri law charges a “juvenile officer” with exclusive authority to determine which child welfare or delinquency cases to file and what to charge in each case. The juvenile officer is hired and supervised by juvenile court judges, and the juvenile officer litigates cases in front of those same judges. This structure differs from the typical procedures in juvenile courts around the United States, which have generally adapted their juvenile courts to reflect the norm of executive branch agencies or attorneys (not court staff) filing cases to intervene …

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

Faculty Publications

No abstract provided.

Wanted: Forever Home – Achieving Permanent Outcomes For Nevada's Foster Children, Miriam C. Meyer-Thompson

Nevada Law Journal

No abstract provided.

The Categorical Distinction Between Adolescents And Adults: The Supreme Court's Juvenile Punishment Cases—Constitutional Implications For Regulating Teenage Sexual Activity, Martin R. Gardner

Brigham Young University Journal of Public Law

I undertake in this article the task of exploring the impact of the punishment cases in resolving one particular controversial family law issue involving the possible existence of a juvenile’s constitutional right to engage in sexual conduct prohibited by the state and against the wishes of that juvenile’s parents. While the Supreme Court has seldom decided cases involving direct claims by children of constitutional rights disfavored by their parents, assertions by minors of constitutionally protected sexual liberty have become more prevalent of late in light of the Supreme Court’s recognition in Lawrence v. Texas of a constitutionally protected right, at …

A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington

Seattle University Law Review

In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history of Rule 60 as …

Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North

Pepperdine Law Review

No abstract provided.

Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick

Pepperdine Law Review

No abstract provided.

Enslavement In The Twentieth Century: The Right Of Parents To Retain Their Childrens' Earnings, Jules D. Barnett, Daniel K. Spradlin

Pepperdine Law Review

No abstract provided.

Forgotten Fathers, Daniel L. Hatcher

All Faculty Scholarship

Poor fathers like John are largely forgotten, written off as a subset of the unworthy poor. These fathers struggle with poverty – often with near hopelessness – within multiple systems in which they are either entangled or overlooked, such as child-support and welfare programs, family courts, the criminal justice system, housing programs, and the healthcare, education, and foster-care systems. For these impoverished fathers, the “end of men” is often not simply a question for purposes of discussion but a fact that is all too real. In the instances in which poor fathers are not forgotten, they are targeted as causes …

Hovering Too Close: The Ramifications Of Helicopter Parenting In Higher Education, Kathleen Vinson

Georgia State University Law Review

“They are needy, overanxious and sometimes plain pesky—and schools at every level are trying to find ways to deal with them. No, not students. Parents—specifically parents of today’s ‘millennial generation’ who, many educators are discovering, can’t let their kids go.”

Some parents, called “helicopter parents” for constantly hovering over their children, are now making higher institutions their landing pads. They hover from the prospective admissions stage to graduation and the job market beyond—contacting presidents of universities, deans, and professors, disputing their child’s grade; requesting an extension for their child; complaining their child does not receive as much praise as the …

Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law, Marcia A. Yablon-Zug

Michigan Law Review First Impressions

In December 2011, Judge Malphrus of the South Carolina family court ordered Matt and Melanie Capobianco to relinquish custody of Veronica, their two-year-old, adopted daughter, to her biological father, Dusten Brown. A federal statute known as the Indian Child Welfare Act ("ICWA") mandated Veronica's return. However, the court's decision to return Veronica pursuant to this law incited national outrage and strident calls for the Act's repeal. While this outrage was misplaced, it may nonetheless have influenced the U.S. Supreme Court's decision to hear the appeal. The case of Adoptive Couple v. Baby Girl is emotionally complicated, but it is not …

2013 Massachusetts Family Impact Seminar: Youth At Risk, Part 2, Denise A. Hines, Fern L. Johnson, Donna Haig Friedman, Deborah A. Frank

Mosakowski Institute for Public Enterprise

The youth of Massachusetts are of primary concern to legislators and citizens. This briefing report features three essays by experts — Fern Johnson, Deborah Frank, and Donna Haig Friedman — who focus on three aspects of children in need: children in foster care who need adoption, children who are hungry, and children who are homeless. Each report has further and more detailed suggestions for helping these children in need; below is a summary of the problems we face.

To Prevent And To Protect: The Reporting Of Child Abuse By Educators, Jon M. Hogelin

Brigham Young University Education and Law Journal

No abstract provided.

Pulling Back The Curtains: Undetected Child Abuse And The Need For Increased Regulation Of Home Schools In Missouri, Tyler Barnett

Brigham Young University Education and Law Journal

No abstract provided.

So You're Going To Represent A Juvenile!, John R. Heilman

Pepperdine Law Review

No abstract provided.

Where For Art Thou Danforth: Bellotti V. Baird , David C. Boatwright

Pepperdine Law Review

The author's focus is upon a Supreme Court opinion dealing with the constitutional parameters of a minor's right to make an independent decision with respect to abortion. The majority, in an attempt to balance the often conflicting interests of the minor, the minor's parents, and the state, sets forth the minimum requirements with which parental consent statutes must comply. The author emphasizes the significance of the high court's plurality split regarding this issue, and cautions the practitioner as to the possibility of inconsistent rulings on such statutes in the future.

Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels

Lisa PytlikZillig Publications

Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …

Equal Protection For Children Of Same-Sex Parents, Catherine E. Smith

Scholarly Articles

Gay rights litigation and advocacy traditionally have focused on the unequal treatment of gay and lesbian individuals and couples; less attention has been dedicated explicitly to the legal rights of the children of gay and lesbian parents. This Article asserts that a child of same-sex parents denied a government benefit has a cognizable equal protection challenge—a legal claim that is separate and distinct from that of the child’s gay or lesbian parents. It is well-settled equal protection law that the government may not treat nonmarital children differently than marital children because of moral disdain for their parents’ relationship, and laws …

Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Issues, Diane Geraghty

Children's Legal Rights Journal

No abstract provided.

Child Maltreatment And Immigration Enforcement: Considerations For Child Welfare And Legal Systems Working With Immigrant Families, Alan J. Dettlaff, Megan Finno-Velasquez

Children's Legal Rights Journal

No abstract provided.

Improving How Our Child Welfare System Addresses Children, Youth, And Families Affected By The U.S. Immigration Process, Howard Davidson

Children's Legal Rights Journal

No abstract provided.

Uneven Access To Special Immigration Juvenile Status: How The Nebraska Supreme Court Became An Immigration Gatekeeper, Megan Johnson, Yasmin Yavar

Children's Legal Rights Journal

No abstract provided.