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Juvenile Law Commons

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State and Local Government Law

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Articles 361 - 390 of 423

Full-Text Articles in Juvenile Law

Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim May 1995

Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim

University of Michigan Journal of Law Reform

As many as 60,000 to 100,000 children each year become victims of child sexual abuse in this country, according to some estimates. These children typically suffer long-lasting effects of the abuse. This Note, in focusing on (step)father-daughter incest, looks at the predominance of males as perpetrators, daughters as victims, and mothers as non-abusers. The Note examines the dynamics within incestuous families and the characteristics common to each member in these families. It particularly considers the position of mothers in these families, who often are subservient to and financially dependent on the incest perpetrator. This Note then discusses how these mothers' …


Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight Jan 1995

Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight

UIC Law Review

No abstract provided.


Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance Jan 1995

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.


School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland Jan 1995

School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland

UIC Law Review

No abstract provided.


Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim Jan 1995

Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim

UIC Law Review

No abstract provided.


A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray Jan 1995

A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray

UIC Law Review

No abstract provided.


Are The Children Of Illinois Protected From Sex Offenders, 28 J. Marshall L. Rev. 883 (1995), Matthew J. Herman Jan 1995

Are The Children Of Illinois Protected From Sex Offenders, 28 J. Marshall L. Rev. 883 (1995), Matthew J. Herman

UIC Law Review

No abstract provided.


Cruel & Unusual Punishment Jan 1995

Cruel & Unusual Punishment

Touro Law Review

No abstract provided.


Imagining Children's Rights, Suellyn Scarnecchia Jan 1995

Imagining Children's Rights, Suellyn Scarnecchia

Articles

Today, I will tell you some stories about real, live children, whose futures have been determined by our legal system. To speak of children's rights hypothetically, raises images of children suing to go live with their rich uncle or suing to demand a Nintendo system from their parents. I hope that by bringing you stories of the legal system's treatment of real children, you will have a better understanding of what I mean by children's rights and why they must be recognized. Although children's rights have been recognized in limited ways in the areas of free speech, criminal law and …


Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field Jan 1995

Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field

Articles

Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …


Ineffective Assistance Of Counsel: In Re Jeffrey V. Jan 1994

Ineffective Assistance Of Counsel: In Re Jeffrey V.

Touro Law Review

No abstract provided.


Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn Jan 1994

Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn

UIC Law Review

No abstract provided.


War And P.E.A.C.E.: A Preliminary Report And A Model Statute On An Interdisciplinary Educational Program For Divorcing And Separating Parents, Andrew Schepard Oct 1993

War And P.E.A.C.E.: A Preliminary Report And A Model Statute On An Interdisciplinary Educational Program For Divorcing And Separating Parents, Andrew Schepard

University of Michigan Journal of Law Reform

This Article is a report on P.E.A.C.E. (Parent Education and Custody Effectiveness), an interdisciplinary attempt to create a parent education program in New York. P.E.A.C.E. is an educational program that provides information to parents on three topics: the legal process for determining custody and child support; the effects of divorce and separation on adults; and the effects of divorce and separation on children, and how parents can help children cope with this difficult transition. P.E.A.C.E. is education-nothing more. It is not mediation or therapy. Parents do not talk to each other directly during P.E.A.C.E. sessions and the program makes no …


The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson Jan 1993

The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson

UIC Law Review

No abstract provided.


Child Protection Law, Suellyn Scarnecchia Jan 1993

Child Protection Law, Suellyn Scarnecchia

Book Chapters

The Fifth and Fourteenth Amendments to the U.S. Constitution protect a parent's custodial rights. However, such rights are not absolute and may be terminated. There is no substantive due-process right to live together as a family. Doe v Oettle, 97 Mich App 183, 293 NW2d 760 (1980). Parents are not held to ideal standards in the care of their children but to minimum statutory standards. Fritts v Krugh, 354 Mich 97, 92 NW2d 604 (1958).


Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo Jul 1992

Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Juvenile Justice In Washington: A Punitive System In Need Of Rehabilitation, Jeffrey K. Day Jan 1992

Juvenile Justice In Washington: A Punitive System In Need Of Rehabilitation, Jeffrey K. Day

Seattle University Law Review

This Comment argues that the juvenile justice system should be retained in theory, but that Washington’s punitive approach has failed and should be restructured to embrace a system that focuses more on the needs of the offender than on the results of the offense. This Comment advocates for the punitive system to be replaced by laws that once again make rehabilitation a primary goal, but that also provide juveniles with the procedural safeguards necessary to ensure survival in the system. This Comment proposes a significant restructuring of the current system as a means of achieving that goal.


Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen Jan 1992

Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen

University of Michigan Journal of Law Reform

This Article reports on the use of still another mechanism for removing children in conflict with their parents: statutory emancipation, the process by which minors attain legal adulthood before reaching the age of majority. Statutorily emancipated minors can sign binding contracts, own property, keep their earnings, and disobey their parents. Although under eighteen, they are "considered as being over the age of majority" in most of their dealings with parents and third parties. Thus, while emancipated minors can sign contracts and stay out late, their adult status also means that their parents are no longer responsible for the minors' support. …


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Discretion, Rules, And Law: Child Custody And The Umda's Best-Interest Standard, Carl E. Schneider Aug 1991

Discretion, Rules, And Law: Child Custody And The Umda's Best-Interest Standard, Carl E. Schneider

Michigan Law Review

One barrier facing any attempt to devise a uniform law for diverse jurisdictions is the occasional - perhaps even frequent - difficulty of writing rules that will accurately guide judges. The law's ordinary solution to that difficulty is to give judges some measure of discretion. This article inquires into the nature and legitimacy of that technique. It does so by analyzing a particularly controversial provision of the Uniform Marriage and Divorce Act (UMDA). Section 402 of that Act states: "The court shall determine custody in accordance with the best interest of the child." It then instructs the court to "consider …


Recognizing Child Abuse: A Guide For The Concerned, Denise Esposito May 1991

Recognizing Child Abuse: A Guide For The Concerned, Denise Esposito

Michigan Law Review

A Review of Recognizing Child Abuse: A Guide for the Concerned by Douglas J. Besharov


Legal Issues Confronting Families Affected By Hiv, 24 J. Marshall L. Rev. 543 (1991), James Monroe Smith Jan 1991

Legal Issues Confronting Families Affected By Hiv, 24 J. Marshall L. Rev. 543 (1991), James Monroe Smith

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 Jan 1991

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.


Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman Jan 1991

Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman

UIC Law Review

No abstract provided.


Where The Reason Stops: Babcock V. State Establishes An Unjustified Immunity For Foster-Care Placement, Christine A. Mccabe Jan 1991

Where The Reason Stops: Babcock V. State Establishes An Unjustified Immunity For Foster-Care Placement, Christine A. Mccabe

Seattle University Law Review

This Note will argue that the Babcock court's application of this immunity fails to serve the traditional goals of judicial immunity and undermines the factors that should protect dependent children. This argument will develop by first considering the development of judicial immunity and the significance of the concept of functional comparability. The Note will then begin the discussion of the Babcock case with an explanation of the nature of a dependency proceeding and the duties performed by a caseworker during initiation of a dependency proceeding and during placement in foster-care. The Note will then consider the caseworker's actions in the …


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 Jan 1991

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.


Stemming The Modification Of Child-Support Orders By Responding Courts: A Proposal To Amend Ruresa's Antisupersession Clause, Jane H. Gorham Jan 1991

Stemming The Modification Of Child-Support Orders By Responding Courts: A Proposal To Amend Ruresa's Antisupersession Clause, Jane H. Gorham

University of Michigan Journal of Law Reform

This Note examines the practice of using the Act to modify existing child-support orders. Part I explores the question of whether the Act's enforcement mechanisms were designed to permit the responding court to modify existing support orders. It emphasizes the problems involved with concurrent support orders and modification and describes the range of positions courts have taken to support or oppose allowing responding courts to modify support orders. Part II explores the federal child-support enforcement programs, their interstate applications, and their relationship to the Act's enforcement mechanisms. The analysis in these parts leads to Part III, which proposes an amendment …


Commentary: Meeting The Financial Needs Of Children, David L. Chambers Jan 1991

Commentary: Meeting The Financial Needs Of Children, David L. Chambers

Articles

Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …


Illinois Ex Rel. Sheppard V. Money: Income Withholding Provision Of The Illinois Parentage Act Of 1984 Expedites Child Support Enforcement At Employers' Expense, 23 J. Marshall L. Rev. 285 (1990), Timothy G. Compall Jan 1990

Illinois Ex Rel. Sheppard V. Money: Income Withholding Provision Of The Illinois Parentage Act Of 1984 Expedites Child Support Enforcement At Employers' Expense, 23 J. Marshall L. Rev. 285 (1990), Timothy G. Compall

UIC Law Review

No abstract provided.