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Articles 1 - 30 of 31
Full-Text Articles in Juvenile Law
A Zealous Advocate, A Robust Cross: Cross-Examination Of Non-Adverse Witnesses By The Guardian Ad Litem, Scott Swain
A Zealous Advocate, A Robust Cross: Cross-Examination Of Non-Adverse Witnesses By The Guardian Ad Litem, Scott Swain
BYU Law Review
“When the lives and fundamental rights of children are at stake, there must be no silent witnesses.”1 — Carol Bellamy
Systemic pressures in child welfare litigation regularly lead guardian ad litem attorneys to default to the positions and recommendations of state social services. In such cases, witnesses called by the state in trials and evidentiary hearings are non-adverse to the guardian ad litem. This dynamic undermines the purposes of cross-examination rules, threatening the procedural interests of the parties involved. This paper will use a procedural due process balancing test to guide its analysis as it proposes three potential solutions: a …
Into The Sunset: Divorcing Families Need Their Slice Of The Tcja Reversions, John C. Mcdonald
Into The Sunset: Divorcing Families Need Their Slice Of The Tcja Reversions, John C. Mcdonald
BYU Law Review
On its path to sufficiently offsetting its major cut to the corporate income tax rate in 2017, Congress turned to a surprising source for funds: the alimony support payments of recently divorced families. Alimony’s inclusion/deduction regime in §§ 71 and 215 of the Code allowed divorcing couples to reach mutually beneficial divorce agreements for over half a century until it was unceremoniously repealed by the Tax Cuts and Jobs Act of 2017 with a striking lack of satisfying legislative justifications. This Note suggests that in evaluating the impact of the repeal, Congress and others have failed to consider an important …
“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey
Brigham Young University Education and Law Journal
No abstract provided.
Resilience And Native Girls: A Critique, Addie C. Rolnick
Resilience And Native Girls: A Critique, Addie C. Rolnick
BYU Law Review
No abstract provided.
Education Systems In Juvenile Detention Centers, Karen Sullivan
Education Systems In Juvenile Detention Centers, Karen Sullivan
Brigham Young University Education and Law Journal
No abstract provided.
Noncitizen Youth In The Juvenile Justice System: The Serious Consequences Of Failed Confidentiality By Ice Referral, Erin Mower Adams
Noncitizen Youth In The Juvenile Justice System: The Serious Consequences Of Failed Confidentiality By Ice Referral, Erin Mower Adams
BYU Law Review
No abstract provided.
Juvenile Miranda Waivers: A Reasonable Alternative To The Totality Of The Circumstances Approach, Jean Pierce
Juvenile Miranda Waivers: A Reasonable Alternative To The Totality Of The Circumstances Approach, Jean Pierce
BYU Law Review
No abstract provided.
Utilizing Prosecutorial Discretion To Reduce The Number Of Juveniles With Disabilities In The Juvenile Justice System, Mary Willis
Utilizing Prosecutorial Discretion To Reduce The Number Of Juveniles With Disabilities In The Juvenile Justice System, Mary Willis
Brigham Young University Education and Law Journal
No abstract provided.
The Peril Of Paroline: How The Supreme Court Made It More Difficult For Victims Of Child Pornography, Janet Lawrence
The Peril Of Paroline: How The Supreme Court Made It More Difficult For Victims Of Child Pornography, Janet Lawrence
BYU Law Review
No abstract provided.
In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy—Ferguson And Beyond, Mae C. Quinn
In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy—Ferguson And Beyond, Mae C. Quinn
BYU Law Review
No abstract provided.
Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri
Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri
Brigham Young University Education and Law Journal
No abstract provided.
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
Brigham Young University Journal of Public Law
A little over a century after the creation of the first juvenile court in America, the states and the federal government continue to try to find an effective and practical solution to juvenile delinquency. Beginning with the “Best Interest of the Child Standard” in 1899, juvenile justice policy has evolved into a mixed bag of philosophies. State statutes littered with “Best Interest” rhetoric, have interestingly resulted in state policies that are retributive in nature and disproportionately affect minority communities. The disconnect between theory and practice is the product of decades of socio-political influence on juvenile justice policy as well as …
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 …
To Prevent And To Protect: The Reporting Of Child Abuse By Educators, Jon M. Hogelin
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
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.
On The Child's Need To Be One's Self, Ya'ir Ronen
On The Child's Need To Be One's Self, Ya'ir Ronen
Brigham Young University Journal of Public Law
No abstract provided.
Where (In The World) Do Children Belong?, Annette Laquer Estin
Where (In The World) Do Children Belong?, Annette Laquer Estin
Brigham Young University Journal of Public Law
No abstract provided.
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
Brigham Young University Journal of Public Law
No abstract provided.
New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard
New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard
Brigham Young University Education and Law Journal
No abstract provided.
Confession And Mandatory Child Abuse Reporting: A New Take On The Constitutionality Of Abrogating The Priest-Penitent Privilege, Samuel G. Brooks
Confession And Mandatory Child Abuse Reporting: A New Take On The Constitutionality Of Abrogating The Priest-Penitent Privilege, Samuel G. Brooks
Brigham Young University Journal of Public Law
No abstract provided.
Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense
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.
The Continuing Saga Of Internet Censorship: The Child Online Protection Act, Martha Mccarthy
The Continuing Saga Of Internet Censorship: The Child Online Protection Act, Martha Mccarthy
Brigham Young University Education and Law Journal
No abstract provided.
Comparing Children To The Mentally Retarded: How The Decision In Atkins V. Virginia Will Affect The Execution Of Jevenile Offenders , Robin M. A. Weeks
Comparing Children To The Mentally Retarded: How The Decision In Atkins V. Virginia Will Affect The Execution Of Jevenile Offenders , Robin M. A. Weeks
Brigham Young University Journal of Public Law
No abstract provided.
Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng
Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng
Brigham Young University Education and Law Journal
No abstract provided.
Rights Of Children: Educational And Legal Implications For Schools: An Australian Perspective, Douglas J. Stewart
Rights Of Children: Educational And Legal Implications For Schools: An Australian Perspective, Douglas J. Stewart
Brigham Young University Education and Law Journal
No abstract provided.
Zero Tolerance Or (In)Tolerance Policies? Weaponless School Violence, Due Process, And The Law Of Student Suspensions And Expulsions: An Examination Of Fuller V. Decatur Public School Board Of Education School District, Kevin P. Brady
Brigham Young University Education and Law Journal
No abstract provided.
School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis
School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis
Brigham Young University Education and Law Journal
No abstract provided.
Helping Children Through The Juvenile Justice Syste: A Guide For Utah Defense Attorneys, Paul Wake
Helping Children Through The Juvenile Justice Syste: A Guide For Utah Defense Attorneys, Paul Wake
Brigham Young University Journal of Public Law
No abstract provided.
Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk
Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk
Brigham Young University Journal of Public Law
No abstract provided.
Clark Memorandum: Spring/Summer 1987, J. Reuben Clark Law School, J. Reuben Clark Law Society
Clark Memorandum: Spring/Summer 1987, J. Reuben Clark Law School, J. Reuben Clark Law Society
The Clark Memorandum
- Going Dutch (Kira P. Davis)
- Abandoning Children to Their Rights (Bruce C. Hafen)