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Articles 271 - 300 of 326

Full-Text Articles in Juvenile Law

Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012), Jordan Franklin Jan 2012

Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012), Jordan Franklin

UIC Law Review

No abstract provided.


Displaced Mothers, Absent And Unnatural Fathers: Lgbt Transracial Adoption, Kim H. Pearson Jan 2012

Displaced Mothers, Absent And Unnatural Fathers: Lgbt Transracial Adoption, Kim H. Pearson

Michigan Journal of Gender & Law

While some might believe that Black versus gay discourse only surfaces in highly politicized settings like the military and marriage, it holds sway in the area of LGBT transracial adoption. LGBT transracial adoptions are a relatively small percentage of all adoptions, which include private adoptions, LGBT second-parent adoptions, and step-parent adoptions, but they are an important site for interrogating the Black versus gay discourse because adoption and custody decisions often address parent-child transmission. When claims intersect, as they do in a case where a White LGBT foster parent and a Black maternal grandmother dispute the adoption of a Black child, …


Comment: A Minor Conflict: Why The Objectives Of Federal Sex Trafficking Legislation Preempt The Enforcement Of State Prostitution Laws Against Minors, Susan Crile Jan 2012

Comment: A Minor Conflict: Why The Objectives Of Federal Sex Trafficking Legislation Preempt The Enforcement Of State Prostitution Laws Against Minors, Susan Crile

American University Law Review

No abstract provided.


The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff Jan 2012

The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen Jul 2011

Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen

Faculty Publications and Presentations

This article examines the legal and policy implications that arise when a school district decides to instruct students on issues concerning same-sex attractions. As more states afford legal recognition to same-sex relationships and adopt non-discrimination codes that include sexual orientation, schools are faced with the decision of what, when, and how to teach children about same-sex attractions. Providing instruction on this divisive issue is fraught with conflict as views and beliefs on the topic are deeply-held, diverse, and often politically charged. In disputes concerning other sensitive topics, courts long have afforded schools broad discretion to implement curriculum without interference from …


Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover Apr 2011

Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover

Senior Honors Theses

In the United States, an overtly selfish and sexual culture contributes to the spread of human trafficking, thereby requiring a complete culture shift in order to diminish this modern day slavery initiated by the aberrant culture. Sex trafficking of minors in the United States encompasses a variety of factors that facilitate the bondage and brutal enslavement of American children. These children are bought and sold hundreds of times, with no regard for their personal well-being. Major factors such as demand, vulnerability, and America’s induced culture of sex serve to increase the environment that trap children and youth in commercial sexual …


When Sixteen Ain't So Sweet: Rethinking The Regulation Of Adolescent Sexuality, Nicole Phillis Jan 2011

When Sixteen Ain't So Sweet: Rethinking The Regulation Of Adolescent Sexuality, Nicole Phillis

Michigan Journal of Gender & Law

Legally speaking, sexual maturity poses a significant enough liberty interest for a minor to make medical decisions regarding contraceptive medicine or to choose motherhood without parental involvement, but not quite enough for her to obtain an abortion independently. The law incentivizes teenage motherhood by only granting decisional autonomy to those minors who choose to have a child; the minor female's right to procreate vests regardless of her individual maturity. The law discourages teenage abortions by using the choice to terminate a pregnancy to trigger a presumption of immaturity; the minor female's abortion right is pitted against personal autonomy via parental …


Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through "Sexting", Isaac A. Mcbeth May 2010

Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through "Sexting", Isaac A. Mcbeth

University of Richmond Law Review

No abstract provided.


“Sexting” And The First Amendment, John A. Humbach Apr 2010

“Sexting” And The First Amendment, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

“Sexting” and other teen autopornography are becoming a widespread phenomenon, with perhaps 20% of teenagers admitting to producing nude or semi-nude pictures of themselves and an ever greater proportion, perhaps as many as 50%, having received such pictures from friends and classmates. It is, moreover, beginning to result in criminal prosecutions. Given the reality of changing social practices, mores and technology utilization, today’s pornography laws are a trap for unwary teens and operate, in effect, to criminalize a large fraction of America’s young people. As such, these laws and prosecutions represent a stark example of the contradictions that can occur …


Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane Apr 2010

Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sex offender registration laws are very controversial. All fifty states require adult sex offenders to register. Twenty-eight states have extended registration and community notification requirements to juveniles (Hiller, 1998). These states seem to have failed to look at the uniqueness of juvenile sex offending. Juveniles have a very low recidivism rate and complex issues of culpability from age-of-consent laws. Applying Megan's Law to juveniles could have considerable negative consequences for juveniles' social development, particularly because one of the main stipulations of the law requires the juvenile to notify their school. Rehabilitation is a key factor of the juvenile justice system …


Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio Jan 2010

Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio

Faculty Scholarship

No abstract provided.


Sex Education And Rape, Michelle J. Anderson Jan 2010

Sex Education And Rape, Michelle J. Anderson

Michigan Journal of Gender & Law

In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …


Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders, Jessica M. Salerno, Margaret C. Stevenson, Tisha R. A. Wiley, Cynthia J. Najdowski, Bette L. Bottoms, Rachel A. Schmillen Jan 2010

Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders, Jessica M. Salerno, Margaret C. Stevenson, Tisha R. A. Wiley, Cynthia J. Najdowski, Bette L. Bottoms, Rachel A. Schmillen

Psychology Faculty Scholarship

In this chapter, we provide a summary of current registration laws for juvenile sex offenders across the United States and discuss the assumptions that drive these laws. We consider whether these assumptions have been supported or refuted by the research produced on the topic thus far. Then, turning to new data from our own laboratory, we discuss public perceptions of registration laws. This is an important issue because expansion of registry laws to juveniles might be driven by strong public support—or politicians' and policy makers' perceptions that there is public support—for expansion of the registry. As we discuss, research does …


The Child As Victim And Perpetrator: Laws Punishing Juvenile "Sexting", Joanna L. Barry Jan 2010

The Child As Victim And Perpetrator: Laws Punishing Juvenile "Sexting", Joanna L. Barry

Vanderbilt Journal of Entertainment & Technology Law

As penalties for child pornography increase in severity across the United States, new technologies and teenage ingenuity are creating problems that legislatures never considered. In response to the "sexting" phenomenon, prosecutors are charging minors under traditional child pornography laws--originally intended to punish adult behavior--with creating, possessing, and distributing child pornography. These charges carry severe penalties, including sex offender registration, and unfairly punish impulsive juveniles. Some states, conscious of prosecutors' and parents' struggle to respond to this behavior, are proposing new legislation, such as supplementing traditional child pornography charges with a new offense for sexting and allowing prosecutors to choose from …


Average Teenager Or Sex Offender? Solutions To The Legal Dilemma Caused By Sexting, 26 J. Marshall J. Computer & Info. L. 431 (2009), Shannon Shafron-Perez Jan 2009

Average Teenager Or Sex Offender? Solutions To The Legal Dilemma Caused By Sexting, 26 J. Marshall J. Computer & Info. L. 431 (2009), Shannon Shafron-Perez

UIC John Marshall Journal of Information Technology & Privacy Law

The Comment broadly considers the failure of the law to adapt to developments in technology and communication, untangles the different approaches taken by a sample of states, and considers which legal remedy is most appropriate. This discussion primarily focuses on the criminal aspects of: (1) minors who voluntarily create and disseminate nude text messages of themselves; and (2) minors who receive nude photographs of other minors. Part II traces the development of sexting. Part III describes the history and rationale behind prohibiting child pornography. In Part IV, the article examines the application of child pornography laws to sexting cases in …


The Failure Of Sexting Criminalization: A Plea For The Exercise Of Prosecutorial Restraint, Robert H. Wood Jan 2009

The Failure Of Sexting Criminalization: A Plea For The Exercise Of Prosecutorial Restraint, Robert H. Wood

Michigan Telecommunications & Technology Law Review

The purpose of this Essay is to explore the various legal approaches to the sexting phenomenon through an analysis of a decision by the United States District Court for the Middle District of Pennsylvania, which granted a temporary restraining order enjoining the prosecution of sexting teens on constitutional grounds, and an examination of current and pending legislative attempts to deal with the sexting phenomenon. Section I describes the facts leading up to the district court decision and its subsequent holding. Section II examines the approaches to sexting prosecution and legislation taken by other states. Section III analyzes the legal issues …


What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements Jan 2009

What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements

Indiana Law Journal

No abstract provided.


Public Perceptions Of Registry Laws For Juvenile Sex Offenders, Carrie E. Reynolds, Cynthia J. Najdowski, Jessica M. Salerno, Margaret C. Stevenson, Tish R.A. Wiley, Bette L. Bottoms Jan 2009

Public Perceptions Of Registry Laws For Juvenile Sex Offenders, Carrie E. Reynolds, Cynthia J. Najdowski, Jessica M. Salerno, Margaret C. Stevenson, Tish R.A. Wiley, Bette L. Bottoms

Psychology Faculty Scholarship

Understanding jurors’ perceptions of juvenile defendants has become increasingly important as more and more juvenile cases are being tried in adult criminal court rather than family or juvenile court. Intellectual disability and child maltreatment are overrepresented among juvenile delinquents, and juveniles (particularly disabled juveniles) are at heightened risk for falsely confessing to crimes. In two mock trial experiments, we examined the effects of disability, abuse history, and confession evidence on jurors’ perceptions of a juvenile defendant across several different crime scenarios. Abused juveniles were treated more leniently than nonabused juveniles only when the juvenile’s crime was motivated by self-defense against …


Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense May 2008

Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense

Brigham Young University Journal of Public Law

No abstract provided.


A ‘Call To Arms:’ A Gender Sensitive Approach To The Plight Of Female Child Soldiers In International Law, Priya Pillai Jan 2008

A ‘Call To Arms:’ A Gender Sensitive Approach To The Plight Of Female Child Soldiers In International Law, Priya Pillai

Human Rights Brief

No abstract provided.


Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff Jan 2008

Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.


It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding Oct 2007

It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding

Working Paper Series

The effects of gay and lesbian parenting on children has been the touchstone issue in much of the recent state litigation on same sex marriage, with opponents of same sex marriage arguing that there is a rational basis for denying marriage rights to gays and lesbians because the central purpose of marriage is procreation and childrearing, but that children are harmed or disadvantaged when raised by gay or lesbian parents. To interrogate this claim, I critique the social science research that informs the concerns frequently expressed about the possible negative effects of lesbigay parenting on children's emotional, psychosocial, and sexual …


When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas Jul 2007

When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas

Law Faculty Scholarly Articles

Imagine “Mary,” a sixteen-year-old junior in high school, who has been dating “John,” a seventeen-year-old senior, for three years in a serious relationship. Mary knows that she and John should practice safe sex, and she does not want to become pregnant or catch a sexually transmitted disease. However, she is concerned that her parents will not approve of her activities and will not help her in obtaining contraceptives. John also feels that he is mature enough to make the decision to have sex, yet he knows that his parents will want to consent before he can receive condoms from his …


Shifting Paradigms: From Relapse Prevention To Wellness, Robert E. Longo Lpc, Ncc Jan 2007

Shifting Paradigms: From Relapse Prevention To Wellness, Robert E. Longo Lpc, Ncc

Public Interest Law Reporter

Today's youth present greater challenges than during any other time in recent history. The author proposes that "sex offending by youth is a symptom of a greater problem." Young people with sexual behavior problems and sexual aggression behaviors must be looked at from a holistic/ecological perspective as they may be subject to co-morbid diagnosis, traumatic histories that may have neuro-biological impact on the brain and brain development, and learning deficits and disabilities among other concerns. This article will briefly outline the current thinking about assessing youth with sexual behavior problems and youth who are sexually aggressive from both a sexual …


Youth Who Have Sexually Abused: Registration, Recidivism, And Risk, David Prescott Jan 2007

Youth Who Have Sexually Abused: Registration, Recidivism, And Risk, David Prescott

Public Interest Law Reporter

No abstract provided.


Juvenile Sex Offender Registration Laws In The United States: How The Adam Walsh Act Will Affect Juvenile Sex Offenders, Brittany I. Bohn Jd Jan 2007

Juvenile Sex Offender Registration Laws In The United States: How The Adam Walsh Act Will Affect Juvenile Sex Offenders, Brittany I. Bohn Jd

Public Interest Law Reporter

No abstract provided.


Juvenile Sex Offenders: Past, Present, And Future?, Sara Howard, Colleen Morey Jan 2007

Juvenile Sex Offenders: Past, Present, And Future?, Sara Howard, Colleen Morey

Public Interest Law Reporter

No abstract provided.


Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens Jan 2007

Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens

Articles, Book Chapters, & Popular Press

Adolescents, defined as between 10 and 19 years old, present a growing challenge to reproductive health. Adolescent sexual intercourse contributes to worldwide burdens of unplanned pregnancy, abortion, spread of sexually transmitted infections (STIs), including HIV, and maternal mortality and morbidity. A barrier to contraceptive care and termination of adolescent pregnancy is the belief that in law minors intellectually mature enough to give consent also require consent of, or at least prior information to, their parental guardians. Adolescents may avoid parental disclosure by forgoing desirable reproductive health care. Recent judicial decisions, however, give effect to internationally established human rights to confidentiality, …


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

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.


The Abortion Rights Of Adolescents Should Be Coextensive With Those Of Adults--A Theoretical Framework, Chad M. Gerson Sep 2006

The Abortion Rights Of Adolescents Should Be Coextensive With Those Of Adults--A Theoretical Framework, Chad M. Gerson

ExpressO

The aim of this article is to argue that the abortion rights of adolescents should be coextensive with those of adults. The first section of the article reviews research in child development which has demonstrated that adolescents are able to make informed, mature decisions on procreative issues. The second section reviews cases which have defined the contours of adult women’s abortion rights, and argues that the reasoning behind those holdings also applies to adolescents.