Open Access. Powered by Scholars. Published by Universities.®

Juvenile Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Cleveland State University

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 31 - 60 of 79

Full-Text Articles in Juvenile Law

Biomedical And Behavioral Research On Juvenile Inmates: Uninformed Choices And Coerced Participation, Brian Paul Wyman Jan 2000

Biomedical And Behavioral Research On Juvenile Inmates: Uninformed Choices And Coerced Participation, Brian Paul Wyman

Journal of Law and Health

The question that will be addressed here is whether juvenile inmates can voluntarily give informed consent to participate in biomedical and behavioral research. Further, can juvenile inmates act voluntarily in the midst of coercion used by researchers to persuade the subjects to participate, and coercion that is inherent in the nature of being a juvenile inmate? Can consent be informed when a juvenile inmate's comprehension and understanding of what biomedical and behavioral research entails is limited by age and maturity level? Finally, even if juvenile inmates are deemed capable to give voluntary informed consent to biomedical and behavioral research, is …

Go to article

Second-Parent Adoption, Patricia J. Falk Jan 2000

Second-Parent Adoption, Patricia J. Falk

Law Faculty Articles and Essays

The topic of this article is second-parent adoption. I hope to accomplish four things in my discussion. First, I will define second-parent adoption and give some reasons that it is desirable for both parents and children. Second, I will summarize the state of the law in terms of legislative enactments and case law in the United States. Third, I will discuss the role of social science in second-parent adoption cases. Finally, I will discuss some of the implications of recognizing second-parent adoptions.

Go to article

Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker Jan 2000

Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker

Law Faculty Articles and Essays

Ohio law regarding second-parent adoptions remains unsettled. Section II of this article provides an overview of Ohio adoption law. Section III presents the case of In re Jane Doe, starting with the decision of the lesbian couple to jointly bring a child into this world, and continuing with the efforts of both mothers to obtain legal recognition for the de facto parent's status through adoption, and the legal strategies employed by the mothers' attorneys, also addressed are the court-appointed Guardian Ad Litem (GAL), the social science data supplied by the amicus curiae to help the court reach a fully informed …

Go to article

Childhood Abuse And Adult Murder: Implications For The Death Penalty, Phyllis L. Crocker Jan 1999

Childhood Abuse And Adult Murder: Implications For The Death Penalty, Phyllis L. Crocker

Law Faculty Articles and Essays

A jury that convicts a defendant of capital murder must then decide whether that defendant deserves a life sentence or death. Mitigating evidence is crucial to the defense at this stage because such evidence may provide the jury with a basis for imposing a life sentence. In this article, Professor Crocker argues that evidence that a defendant was abused as a child is paradigmatic mitigating evidence. A detailed presentation of the defendant's childhood experience and a cogent explanation of its long-term repercussions will enable the jury to understand why the defendant committed the crime, perhaps allowing the jury to sympathize …

Go to article

A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki Jan 1999

A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki

Cleveland State Law Review

This Note takes a closer look at the problems associated with transferring juveniles to adult court by focusing on Ohio's juvenile transfer statute. Part II begins with an analysis of the history of the juvenile court, including its establishment and evolution throughout time. It also includes an analysis of how the common interpretation of the original approach to juvenile crime has created an overly narrow view of how to deal with the problem today. Part III examines the latest crime statistics that reveal a significant drop in juvenile crime. This section also explores various alternative explanations for the apparent rise …

Go to article

Holt V. Grange Mut. Cas. Co. Children Not "Insureds" Under Policy Are Entitled To Death, Barbara Tyler, Thomas S. Tyler Jan 1998

Holt V. Grange Mut. Cas. Co. Children Not "Insureds" Under Policy Are Entitled To Death, Barbara Tyler, Thomas S. Tyler

Law Faculty Articles and Essays

The recent Ohio Supreme Court decision of Holt v. Grange Mutual Casualty Co., is a consumer friendly decision and represents both an equitable and sound interpretation and application of Ohio law to consumer insurance contracts.The decision in Holt favors insurance consumers but has alarmed the insurance industry. The industry perceives the decision as bringing into question what language of an insurance policy will be upheld under the freedom of contract and what will be stricken as against public policy. First, the industry would argue that Holt seems to denigrate and abrogate the rights of an uninsurance/underinsurance provider to craft its …

Go to article

Race For Perfection: Children's Rights And Enhancement Drugs, Therese Powers Jan 1998

Race For Perfection: Children's Rights And Enhancement Drugs, Therese Powers

Journal of Law and Health

This Note will address the question of what are a child's rights when the child's views differ from his or her parents regarding the child's use or refusal of enhancement drugs such as Ritalin and Human Growth Hormone. This Note will begin with a description of Ritalin and Human Growth Hormone along with the uses and abuses of each drug. It will then discuss the evolution of children's rights dealing with situations such as civil commitment, abortion, and medical treatment over religious objection. Furthermore, it will draw comparisons from the case law in these situations to a child's right to …

Go to article

When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney Jan 1998

When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney

Cleveland State Law Review

If the death penalty becomes an option for children under sixteen, the unavoidable conclusion must be that we have reverted back to colonial theories of punishment. The issue facing the nation will again become at what age to draw the line. In this article I argue that, as a society, we must prevent such executions and refute claims that, as a result of the failure of the juvenile justice system to rehabilitate killers before they kill, a consensus in favor of reducing the minimum age of execution has evolved. Part II of this note presents the theories of colonial crime …

Go to article

Court-Created Boundaries Between A Visible Lesbian Mother And Her Children, Susan J. Becker Oct 1997

Court-Created Boundaries Between A Visible Lesbian Mother And Her Children, Susan J. Becker

Law Faculty Articles and Essays

This essay identifies some of the boundaries and obstacles imposed by the courts on a "visible" lesbian mother striving to maintain a healthy relationship with her children. The term "visible" is used to describe a mother whose lesbian sexuality has been revealed to a court empowered with defining her future contact with her children. The primary focus here is on children who were conceived through a heterosexual relationship, and where a heterosexual parent, grandparent, or other person is challenging the lesbian mother's right to custody of, or visitation with, her own children. Court created boundaries are identified and discussed in …

Go to article

From The Mouths Of Babes: Dealing With The Child Witness, Susan J. Becker Jan 1997

From The Mouths Of Babes: Dealing With The Child Witness, Susan J. Becker

Law Faculty Articles and Essays

This article addresses the challenges of child witnesses and the use of expert testimony in child abuse cases. The author offers tips for litigators on what not to do when working with children as witnesses.

Go to article

The Child's Right To An Open Future: Yoder And Beyond, Dena S. Davis Jan 1997

The Child's Right To An Open Future: Yoder And Beyond, Dena S. Davis

Law Faculty Articles and Essays

Every time I teach a class on church and state, I am reminded again of how much we owe to the religious minorities in our midst. If it were not for Amish, Quakers, Jews, Santerians and especially Jehovah's Witnesses, what an impoverished understanding we would have, not only of the religion clauses of the First Amendment, but also of the Free Speech Clause. The original parents in Wisconsin v. Yoder are now grandparents, and their children, with or without the benefit of a high school education, have grown to adulthood and probably have children of their own. But 25 years …

Go to article

One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika Jul 1996

One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika

Law Faculty Articles and Essays

This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.

Go to article

Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac Jan 1996

Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac

Law Faculty Articles and Essays

First, this Essay demonstrates that, because the "best interests" standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves.

Go to article

Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse: Current Remedies And A Proposed Statute, Joel J. Finer Jan 1996

Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse: Current Remedies And A Proposed Statute, Joel J. Finer

Law Faculty Articles and Essays

No issue in law and psychiatry has engendered such controversy as the current debate over whether experiences of childhood sexual abuse (CSA) are subject to repression for decades and eventually "recoverable" in therapy long after the event. One principal legal issue has been whether such "recovery" justifies the application of the "recent discovery" basis for tolling the statute of limitations, an issue which becomes significant when an adult psychotherapy patient sues her ostensible molester (often her father or other family member).

Go to article

Advancing The Rights Of Children And Adolescents To Be Altruistic: Bone Marrow Donation By Minors, Jennifer K. Robbennolt, Victoria Weisz, Craig M. Lawson Jan 1995

Advancing The Rights Of Children And Adolescents To Be Altruistic: Bone Marrow Donation By Minors, Jennifer K. Robbennolt, Victoria Weisz, Craig M. Lawson

Journal of Law and Health

This article examines the standards used for answering the question of whether minors should be allowed to donate bone marrow. Part II introduces the legal background and the standards currently used by courts. Part III explores the unsatisfactory nature of these standards. Part IV presents an empirical study that is intended to provide some help in understanding what might be a useful and respectful standard. Part V concludes the article with a discussion of two alternative revised standards grounded in the doctrines of substituted judgment and the best interests of the child.

Go to article

The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling Jan 1995

The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling

Cleveland State Law Review

This Note discusses the issue of childhood sexual abuse and challenges the appropriateness of Ohio's current statute of limitations for prosecuting a civil claim of childhood sexual abuse. Part II of this Note describes the problem of child sexual abuse in our society. Part III examines the short-and long-term effects of childhood sexual abuse, particularly memory repression. Part IV reviews the theory of recovered memories and the associated problems with reliability. Part V addresses Ohio's governing statute of limitations for civil claims of childhood sexual abuse. Part VI reviews the history of the discovery rule in Ohio and its application …

Go to article

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck Jan 1994

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck

Cleveland State Law Review

This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …

Go to article

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck Jan 1994

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck

Cleveland State Law Review

This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …

Go to article

Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer Jan 1991

Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer

Law Faculty Articles and Essays

When, if ever, may a pregnant woman be compelled to undergo a cesarean section to save the life of a viable, verge-of-birth fetus? Courts and scholars have increasingly addressed the constitutional and ethical problems presented when a woman about to give birth requires a cesarean section to prevent the death of or severe harm to her fetus, and the woman refuses to have the surgery. Nationally, over a five year period, courts have heard twenty-one cases in which a court-ordered cesarean was being sought. Under what circumstances, if any, is it legally and ethically appropriate to compel a woman to …

Go to article

The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera Jan 1991

The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera

Journal of Law and Health

In this article, we will examine the conditions which have created the boarder baby epidemic and the attendant problem of lack of availability of foster care. We will briefly examine the social, cultural, psychological and political parameters which have determined the dynamics of this problem. Finally, we will review some earlier attempts toward the resolution of the problem and provide an overview evaluating the bona fides of those approaches. Our analysis will also draw upon relevant events which have occurred in other American cities that help us to understand this problem.

Go to article

Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson Jan 1990

Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson

Law Faculty Articles and Essays

Liberal lawyers encounter grim alternatives caused by the Supreme Court's relentless shift to the right, particularly if they consider stare decisis a major constitutional value. They can attack specific decisions, demonstrating inconsistencies with prior cases, conclusory reasoning and/ or poor policy. They can use history, jurisprudence or even literature to make broad-based critiques of the Court's increasing callousness. They can propose counter-doctrine which is consistent with existing caselaw. The third response may appear quixotic, even naive, given the present Court. Nevertheless, exploration of progressive alternatives illuminates existing doctrine and provides potential openings if the Court ever decides to become more …

Go to article

Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler Jan 1989

Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler

Cleveland State Law Review

AIDS is a unique disease with unknown, unproven risks and undetermined potential for affecting our society's well-being. Due to the age and uncertainty of the disease, it must be addressed differently from any other diseases with which we have been faced in the past. The problems are severe, and barriers facing both victims and non-victims in the school setting are phenomenal. We must not be without compassion for the victims, children innocently contaminated by this devastating disease, for the victims in this country may soon outweigh the unaffected citizens. Presently, we have a duty to prevent the spread of this …

Go to article

The Eighth Amendment And Capital Punishment Of Juveniles, Victor L. Streib Jan 1986

The Eighth Amendment And Capital Punishment Of Juveniles, Victor L. Streib

Cleveland State Law Review

The practice of imposing the death penalty for crimes committed while under the age of eighteen has occurred sporadically but persistently throughout American history. It gives every indication of continuing in this mode under current law and practice. Greatly differing approaches are followed by the various states as to the authorization and imposition of capital punishment for juveniles. This article explores the existence of a constitutionally-mandated minimum age below which the states may not venture in carrying out this practice. If such a nationwide minimum age exists or should exist, its justification can be found in current interpretations of the …

Go to article

In Re Polovchak: Guidelines For The Grant Of Asylum To A Minor, Cheryl A. Blackburn Jan 1983

In Re Polovchak: Guidelines For The Grant Of Asylum To A Minor, Cheryl A. Blackburn

Cleveland State Law Review

The Polovchak controversy recently accentuated the absence of clear guidelines applicable to the grant of asylum to a minor. This Note will commence with an exploration of the competing interests which would be affected by the grant of asylum to a minor, including the parents' interest, the minor's interest, and the interest of the state. An analysis of the historical and current federal asylum procedure will follow. After examining In re Polovchak, this Note will recommend that a revision of the current asylum process is necessary to protect individual interests from arbitrary and unjustified decisions. Such a revision would establish …

Go to article

Standard Of Proof In Proceedings To Terminate Parental Rights, Dean Michael Rooney Jan 1982

Standard Of Proof In Proceedings To Terminate Parental Rights, Dean Michael Rooney

Cleveland State Law Review

This Note advocates the use of the beyond-a-reasonable-doubt standard of proof in proceedings to terminate parental rights permanently. The Note will commence with background considerations such as the authority of the state to terminate parental rights, the rights of the parties involved in a termination proceeding and a discussion of standards of proof. Consideration will also be given to the factors which should have an impact on the standard of proof in permanent termination proceedings. These factors include: the vagueness of termination statutes, the fundamental right of family integrity, the broad discretionary powers of the courts involved, the need for …

Go to article

Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock Jan 1979

Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock

Law Faculty Articles and Essays

Since the United States Supreme Court's decision in In re Gault in 1967, in which due process rights were extended to juvenile delinquency proceedings which might result in commitment of youths to reformatory institutions, numerous courts, legislatures, and private study commissions have been re-examining the rights and obligations of young people in contemporary American society. In this ongoing debate over juvenile jurisprudence, perhaps no issue has provoked as much controversy as the question of whether juvenile courts should continue to exercise jurisdiction over juvenile "status offenses"--those unique forms of deviant behavior which are illegal only for minors. It is not …

Go to article

Alimony And Child Support In Ohio: New Directions After Dissolution, William Tabac Jan 1977

Alimony And Child Support In Ohio: New Directions After Dissolution, William Tabac

Law Faculty Articles and Essays

Recent decisions by the Ohio Supreme Court will undoubtedly have significant impact upon post-dissolution alimony and child support. In rejecting basic premises upon which domestic relations courts have historically ordered such payments, the court has set new directions. Traditional notions of sex-based roles in the support of the family have been set aside and new standards, based upon the needs of the parties and the factual circumstances in particular cases, have been established. As a result, the husband's statutory duty to support his wife and children during marriage will no longer govern his responsibilities toward the family following dissolution, and …

Go to article

Book Review, Peter D. Garlock Jan 1975

Book Review, Peter D. Garlock

Law Faculty Articles and Essays

The author reviews Thorns and Thistles: Juvenile Delinquents in the United States, 1825-1940.

Go to article

Juvenile Delinquent And Unruly Proceedings In Ohio: Unconstitutional Adjudications, Patricia Simia Kleri Jan 1975

Juvenile Delinquent And Unruly Proceedings In Ohio: Unconstitutional Adjudications, Patricia Simia Kleri

Cleveland State Law Review

This article will focus on the constitutional defects of juvenile court adjudications under Ohio juvenile law. The arguments presented, however, are equally applicable in other jurisdictions since every state has some type of legislation granting juvenile court jurisdiction over both criminals and noncriminal misconduct of children.

Go to article

Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan Jan 1975

Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan

Cleveland State Law Review

This comment will explore the extent to which the exclusion of hearsay evidence in a delinquency proceeding is a practical reality in the Ohio system. In so doing, the possibilities for abuse will be highlighted and suggestions for their elimination will be made, all in the spirit of the Supreme Court's mandate to provide fundamental due process safeguards to this procedure.

Go to article

First Prev Next Last