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Articles 241 - 270 of 270
Full-Text Articles in Juvenile Law
Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink
Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink
Faculty Scholarship
Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …
Looking Ahead: The Future Of Child Welfare Law, Donald N. Duquette
Looking Ahead: The Future Of Child Welfare Law, Donald N. Duquette
University of Michigan Journal of Law Reform
Introduction to a 2007 Symposium held to mark the Thirtieth Anniversary of the Child Advocacy Clinic.
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
Scholarly Works
This brief essay offers a selective overview of recent trends in the historical scholarship on American childhood from the origins of the American Revolution to the early years of the Cold War. This overview of the literature has two purposes. First, it highlights recent socio-cultural scholarship that presents substantive challenges to the conventional ways of understanding the history of children and the law. Second, in so doing, it points out that legal histories concerned solely with doctrinal matters can, and often do, present a limited and distorted window into the past. Instead, the essay argues that the place of children, …
Custody, Maintenance, And Succession: The Internalization Of Women's And Children's Rights Under Customary Law In Africa, Allison D. Kent
Custody, Maintenance, And Succession: The Internalization Of Women's And Children's Rights Under Customary Law In Africa, Allison D. Kent
Michigan Journal of International Law
In this Note, the author examines the process of international human rights norm internalization into areas traditionally governed exclusively by customary law, and the resulting evolution of customary law. Assuming, arguendo, that customary law is to be modified, I argue that a societal norm internalization approach is the most effective means to bring customary law into conformity with international human rights law. After a brief discussion of the fieldwork on which I rely, this Note describes the historical influence of colonialism on the development of customary law in Africa, with a particular focus on the repugnancy clauses of the …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Political Currency And Hard Currency: The No Child Left Behind Act Turns Three, 40 J. Marshall L. Rev. 345 (2006), John Heintz
Political Currency And Hard Currency: The No Child Left Behind Act Turns Three, 40 J. Marshall L. Rev. 345 (2006), John Heintz
UIC 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.
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 …
A Very Special Place In Life: The History Of Juvenile Justice In Missouri, Douglas E. Abrams
A Very Special Place In Life: The History Of Juvenile Justice In Missouri, Douglas E. Abrams
Faculty Books
A Very Special Place in Life: The History of Juvenile Justice in Missouri chronicles the nineteenth century struggle for a special court to rehabilitate delinquent and dependent children and their families. The leaders were dedicated reformers- the "child savers" who sought to remove children from poorhouses, prisons and other harsh institutions that left little hope for productive adulthood. A Very Special Place in Life traces the twentieth century growth of Missouri's juvenile courts. It discusses the profound changes wrought by the United States Supreme Court's Gault decision, which triggered the "due process revolution" in the nation's juvenile courts in 1967. …
The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind
The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind
UIC Law Review
No abstract provided.
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
This concise book explores the origins and early history of the Cook County Juvenile Court, the world’s first such court. The court, which opened on July 3, 1899, in Chicago, reflected its founders’ profound faith both in science to solve social problems and the power of the state to provide for the best interests of its children. Yet, as Getis argues, the juvenile court did not live up to its initial promise, and “instead of a place of experimentation and reform—which it could have been—or a place of individualized justice guided by science—perhaps an unattainable goal—the court became an institution …
“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin
“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin
Scholarly Works
In this essay, the authors seek to dispel the myth that the juvenile court was never intended to deal with serious and violent offenders; a myth that has largely been unchallenged, especially in the mainstream media, and one that critics of the juvenile court have used to undermine its legitimacy. The discovery of homicide data from the Chicago police department from the early twentieth century, the era in which modern juvenile justice came of age, provides us with new historical date with which to put this dangerous myth to rest, by showing that the nation’s model juvenile court—the Cook County …
Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus
Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus
Scholarly Works
Beginning in 1911 with Illinois’ passage of the Funds to Parents Act—the first statewide mothers’ pensions legislation—the Chicago Juvenile Court built a two-track system for dependency cases that used the gender of single parents to track their children. The first or “institutional” track followed a nineteenth century model of family preservation that poor families had relied upon since before the Civil War, in which parents had used institutions to provide short-term care for their children during hard times. The juvenile court also established a “home-based” track for dependency that reflected a new model of family preservation. Progressive child-savers denounced the …
Judicial Review & The Policy Of Federal Abstention: A Juvenile's Right To Ensure The Existence Of A "Substantial Federal Interest", Matthew Drexler
Judicial Review & The Policy Of Federal Abstention: A Juvenile's Right To Ensure The Existence Of A "Substantial Federal Interest", Matthew Drexler
Michigan Law Review
The problem of juvenile delinquency must be dealt with in an effective and meaningful manner if we are to reduce the ever increasing levels of crime and improve the quality of life in America. With these words, the United States Senate opened its report in support of the first major federal juvenile delinquency statute in almost forty years. The goal of the statute and of federal involvement in juvenile delinquency proceedings was to give the highest attention to preventing juvenile crime and to minimizing the involvement of juveniles in the juvenile and criminal justice systems. Until 1974, the federal government …
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.
Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne
Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne
Michigan Journal of International Law
The purpose of this article and the attached tables is to give child rights advocates and scholars: 1) a bird's-eye view of the Convention and its implementation mechanism; 2) an introduction to the jurisprudence that is being developed as governments begin to put the Convention into effect; and 3) a guide to assist in research and analysis of the developing jurisprudence of the Committee on the Rights of the Child.
Desegregating The Adoptive Family: In Support Of The Adoption Antidiscrimination Act Of 1955, 30 J. Marshall L. Rev. 593 (1997), Rebecca Varan
Desegregating The Adoptive Family: In Support Of The Adoption Antidiscrimination Act Of 1955, 30 J. Marshall L. Rev. 593 (1997), Rebecca Varan
UIC Law Review
No abstract provided.
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.
Killer Party: Proposing Civil Liability For Social Hosts Who Serve Alcohol To Minors, 30 J. Marshall L. Rev. 245 (1996), Matthew C. Houchens
Killer Party: Proposing Civil Liability For Social Hosts Who Serve Alcohol To Minors, 30 J. Marshall L. Rev. 245 (1996), Matthew C. Houchens
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 …
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
UIC Law Review
No abstract provided.
Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert
Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert
UIC Law Review
No abstract provided.
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
UIC Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
UIC Law Review
No abstract provided.
Hazelwood School District V. Kuhlmeier: How Useful Is Public Forum Analysis In Evaluating Restrictions On Student Expression In The Public Schools, 22 J. Marshall L. Rev. 403 (1988), Mark N. Bonaguro
UIC Law Review
No abstract provided.
Platt: The Child Savers: The Invention Of Delinquency, Joseph Whitehill
Platt: The Child Savers: The Invention Of Delinquency, Joseph Whitehill
Michigan Law Review
A Review of The Child Savers: The Invention of Delinquency by Anthony M. Platt
Kahn: A Court For Children. A Study Of The New York City Children's Court., Maxine Virtue
Kahn: A Court For Children. A Study Of The New York City Children's Court., Maxine Virtue
Michigan Law Review
A Review of A COURT FOR CHILDREN. A Study of the New York City Children's Court. By Alfred J. Kahn.