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Juvenile Law Commons

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Articles 391 - 420 of 423

Full-Text Articles in Juvenile Law

The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie Jan 1990

The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie

University of Michigan Journal of Law Reform

This Note presents a Model Statute that clearly indicates when a court may find that an established custodial environment has arisen out of a temporary custody order. The Model Statute thus clarifies when it is appropriate to apply the clear and convincing evidentiary standard to situations involving temporary child custody orders. Part I of this Note describes the court's use of temporary custody orders to determine whether an established custodial environment exists. Part II sets forth the Model Statute, which integrates current case law into statutory language designed specifically for temporary custody situations. Part II also analyzes each section of …


A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl Jan 1990

A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl

UIC Law Review

No abstract provided.


In Re E.G., A Minor: Death Over Life: A Judicial Trend Continues As The Illinois Supreme Court Grants Minors The Right To Refuse Life-Saving Medical Treatment, 23 J. Marshall L. Rev. 771 (1990), William D. Brewster Jan 1990

In Re E.G., A Minor: Death Over Life: A Judicial Trend Continues As The Illinois Supreme Court Grants Minors The Right To Refuse Life-Saving Medical Treatment, 23 J. Marshall L. Rev. 771 (1990), William D. Brewster

UIC Law Review

No abstract provided.


The Seventeen Percent Solution: Formula Guidelines For Determining Child Support Awards Arrive In North Carolina, J. Brad Donovan Oct 1989

The Seventeen Percent Solution: Formula Guidelines For Determining Child Support Awards Arrive In North Carolina, J. Brad Donovan

North Carolina Central Law Review

No abstract provided.


Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers Jan 1989

Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers

UIC Law Review

No abstract provided.


University Of Richmond Law Review Jan 1989

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Terminating The Rights Of Mentally Retarded Parents: Severing The Ties That Bind, 22 J. Marshall L. Rev. 133 (1988), Patricia Werner Jan 1988

Terminating The Rights Of Mentally Retarded Parents: Severing The Ties That Bind, 22 J. Marshall L. Rev. 133 (1988), Patricia Werner

UIC Law Review

No abstract provided.


Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim Jan 1988

Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim

UIC Law Review

No abstract provided.


The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts Jan 1988

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.


The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann Jan 1988

The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.


Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody Jan 1987

Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody

UIC Law Open Access Faculty Scholarship

No abstract provided.


Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey Jan 1987

Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey

University of Michigan Journal of Law Reform

This Article describes the purposes and design of our empirical study and analyzes the study's findings. Part I presents a case study of the representation of a child by a volunteer in a way that exhibits the role definition and training of the demonstration groups. Parts II and III discuss who should represent children and how those child advocates should be trained. Part IV discusses the design of the study. Part V presents an analysis of the study's findings. Finally, Part VI considers the policy implications of the study and concludes that the demonstration groups improved the quality of representation …


House Of Judah: The Problem Of Child Abuse And Neglect In Communes And Cults, Gregory M. Gochanour Jun 1985

House Of Judah: The Problem Of Child Abuse And Neglect In Communes And Cults, Gregory M. Gochanour

University of Michigan Journal of Law Reform

This Note argues that although some modifications were appropriate, state intervention and removal of children, even from a commune or cult, should be handled through examination of each individual parent/child relationship. Part I examines the statutory and case law framework for state intervention and removal of children from the custody of abusive parents in Michigan, and discusses the policies supporting these laws. Part II examines the circumstances present in the House of Judah and notes the state's departures from the statutes and rules. Part III analyzes and evaluates the usefulness and wisdom of these departures. Finally, Part IV briefly proposes …


The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr. Apr 1984

The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.

University of Michigan Journal of Law Reform

This Note proposes that courts refuse to give further consideration to admitting the battering parent syndrome as evidence in both civil and criminal proceedings arising out of child abuse. Part I of the Note describes the syndrome as it appears in the psychological literature. Part II suggests that current judicial attitudes favor the future admissibility of the syndrome, conditioned only on an improved showing of scientific accuracy. Part III demonstrates that regardless of scientific accuracy, the character evidence rule forbids courts from admitting the battering parent syndrome. Part IV argues that the important policies underlying the character evidence rule override …


The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie Jan 1981

The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The Juvenile Offender Act of 1978 incorporates the most radical and perhaps the most controversial amendments to New York's juvenile delinquency statutes in several decades. For the first time since 1909, children accused of committing serious offenses are subject to prosecution in the criminal courts. The gradual decriminalization of delinquency, which began a century and a half ago, has been reversed. This report analyzes and evaluates the Act and its implementation. The first two sections summarize the historical development of juvenile delinquency legislation and compare present New York provisions to those in other states. Sections III and IV will evaluate …


Kentucky Law Survey: Juvenile Code, Kathleen D. Patterson Jan 1981

Kentucky Law Survey: Juvenile Code, Kathleen D. Patterson

Kentucky Law Journal

No abstract provided.


Of Rights Lost And Gained, Patricia A. Dore Jul 1978

Of Rights Lost And Gained, Patricia A. Dore

Florida State University Law Review

No abstract provided.


Blythe V. Seagraves: North Carolina Treats The Issue Of Whether A Minor And Her Parents May Legally Consent To The Minor's Participation, As Donor, In A Kidney Transplant, David W. Herman Apr 1978

Blythe V. Seagraves: North Carolina Treats The Issue Of Whether A Minor And Her Parents May Legally Consent To The Minor's Participation, As Donor, In A Kidney Transplant, David W. Herman

North Carolina Central Law Review

No abstract provided.


Juvenile Curfew Ordinances And The Constitution, Michigan Law Review Nov 1977

Juvenile Curfew Ordinances And The Constitution, Michigan Law Review

Michigan Law Review

Recognizing that a legislature must decide whether to enact a juvenile curfew without the benefit of conclusive data on the effectiveness of such laws, the remainder of this Note will focus primarily upon the constitutional issues raised by such ordinances. The freedom of movement that is limited by a curfew is, it will be argued, an unenumerated right protected by the ninth and fourteenth amendments. The constitutional rights of juveniles, however, -are not necessarily coextensive with those of adults. Certain characteristics of juveniles-in particular, their lesser capacity for reason and self-control-imply that the strength of their right to freedom of …


The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg May 1976

The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg

Michigan Law Review

In twentieth century America, as in Biblical ,times, parents unable to subdue their disobedient children are authorized to invoke the coercive power of the state. As recently as 1971, for example, the Supreme Judicial Court of Massachusetts rejected constitutional challenges to the state's "stubborn child" law, which at the time of its original enactment in 1646 was patterned after the above-quoted verse from Deuteronomy. The court upheld an adjudication that an adolescent girl who refused to submit to a medical examination, used vulgar language, slammed doors, and stayed outside the home "probably talking with the boys," was a "stubborn child" …


Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns Jan 1976

Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns

Articles

The article that follows is based largely upon a Study Report on juvenile obscenity statutes prepared for the Michigan Law Revision Commission. The objectives of the Report were (1) to analyze the various issues presented in drafting a juvenile obscenity provision, (2) to survey the treatment of those issues in statutes adopted by various states and statutes proposed by several distinguished commissions, and (3) to propose a comprehensive model statute that offers a choice of alternative provisions on key areas of controversy. Certain limitations placed upon the scope of the Report (and this article) should be noted. First, we were …


The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer Jan 1975

The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer

University of Michigan Journal of Law Reform

A primary function of the Juvenile Court is to assist in the protection of children from abuse and neglect. Juvenile court acts, child abuse reporting statutes, and child protective services legislation have incorporated provisions dealing with physical abuse and physical neglect of children. Such legislation enables state intervention into family life for the protection of children exposed to harmful environments. Statutory definitions of abuse and neglect provide a basis on which the community, frequently through the juvenile court, may pass judgment on the existence of child neglect and offer services or coerce family members to accept them. A few states, …


Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman Jan 1973

Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman

Villanova Law Review (1956 - )

No abstract provided.


The Emerging Constitutional Protection Of The Putative Father's Parental Rights, Michigan Law Review Aug 1972

The Emerging Constitutional Protection Of The Putative Father's Parental Rights, Michigan Law Review

Michigan Law Review

This Comment will first examine whether the equal protection or due process clauses of the Constitution presently proscribe disparate treatment of the putative father, as compared with other parents, in regard to parental privileges. Attention will then be given to an assessment of the potential impact of the proposed "equal rights" amendment on the putative father's rights in relation to his illegitimate child.


Dependency And Neglect: Indiana's Definitional Confusion, Dirk William De Roos Jul 1970

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

Indiana Law Journal

No abstract provided.


Extending Constitutional Rights To Juveniles-Gault In Indiana, Kent H. Westley Apr 1968

Extending Constitutional Rights To Juveniles-Gault In Indiana, Kent H. Westley

Indiana Law Journal

No abstract provided.


The Juvenile Offender, Some Problems And Possible Solutions, Scotty Baesler Jan 1965

The Juvenile Offender, Some Problems And Possible Solutions, Scotty Baesler

Kentucky Law Journal

No abstract provided.


Child Custody In A Federal System, Leonard G. Ratner Mar 1964

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.


Municipal Corporations - Police Power - Constitutional Validity Of Curfew Ordinance, John A. Ziegler S.Ed. May 1957

Municipal Corporations - Police Power - Constitutional Validity Of Curfew Ordinance, John A. Ziegler S.Ed.

Michigan Law Review

Appellant-petitioner was charged with a violation of a city ordinance making it a misdemeanor to assist any minor under the age of seventeen to violate the curfew laws. The curfew ordinance prohibits minors under the age of seventeen from being in any public place between IO P.M. and 5 A.M. unless accompanied by parent or guardian, or unless the presence of the minor is connected with and required by some legitimate business, trade, profession or occupation in which the minor is engaged. Petitioner moved to dismiss the complaint at the preliminary hearing on the grounds that the ordinance was an …


The Youth Authority Act, James W. Hughes Jan 1952

The Youth Authority Act, James W. Hughes

Kentucky Law Journal

No abstract provided.