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Articles 31 - 48 of 48
Full-Text Articles in Juvenile Law
Water Leadership And The Rights Of Youth To Sustainable Development, Elizabeth Burleson
Water Leadership And The Rights Of Youth To Sustainable Development, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Child Pornography's Forgotten Victims, Audrey Rogers
Child Pornography's Forgotten Victims, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
The goal of this paper is to demonstrate that possession of child pornography is not a victimless crime. It will illustrate the problem and explain the harm suffered by its victims. It will then trace factors that may have contributed to the perception that possession of child pornography is a victimless offense. The first factor is the dual nature of the child pornography laws that addresses both actual and future harm. When this duality is applied to possessors, their link to actual harm appears attenuated because the possessor is not involved in the acts of sexual abuse inherent in producing …
The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling
The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling
Pace Law Review
No abstract provided.
Client-Directed Lawyers For Children: It Is The Right Thing To Do?, Linda D. Elrod
Client-Directed Lawyers For Children: It Is The Right Thing To Do?, Linda D. Elrod
Pace Law Review
No abstract provided.
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
I commence this article with a discussion of the statutory provisions governing the appointment and responsibilities of attorneys who represent children in New York. Part II briefly outlines the chronological implementation from initial enactment through the Matrimonial Commission Report, a period spanning forty-five years. Parts III and IV explore the specific nature of child custody representation and the relationship between the attorney and the child client during the course of a frequently lengthy proceeding. Last, the Commission's conclusions and recommendations are critiqued in Parts V and VI.
The New "Fetal Protection": The Wrong Answer To The Crisis Of Inadequate Health Care For Women And Children, Linda C. Fentiman
The New "Fetal Protection": The Wrong Answer To The Crisis Of Inadequate Health Care For Women And Children, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article will expand upon the feminist critique by focusing on children's health as well as the health and liberty interests of their mothers. In the first part of this article, I examine the legal and cultural underpinnings of “fetal protection” and explore its current manifestations. In the second part, I place “fetal protection” in a broader context, documenting the ways in which American law currently promotes fetal life, while simultaneously neglecting the lives and health of born children. The third part of the article offers concrete recommendations about how government, both state and federal, can actually achieve the goal …
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
Part I of this article outlines the historical context and addresses the child's right to legal representation. Part II discusses the child's legal status by defining the specific legal interests, her procedural rights as a party to the litigation, the right to choose counsel, and the child's right to be involved as a participant. The penultimate Part analyzes the role of the child's counsel, including an outline of the relevant statutes, the diametrically opposed positions of state legislatures and the organized bar, and the hopelessly conflicting contemporary case law. The final Part addresses the fundamental deficiencies of the “best interests” …
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Elizabeth Burleson
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article analyzes how current U.S. criminal law addresses the problem of securing a homicide conviction where multiple defendants are accused in a child's non-accidental death. Part III sets forth the English response: a statute that includes (1) a new substantive crime; (2) a permissible negative inference against a defendant who fails to account for the non-accidental death of a child for whom he or she is responsible; and (3) delay of a motion to dismiss for failure to establish a prima facie case until after the defense has been presented or the jury has been allowed to draw the …
Child Witnesses And Procedural Fairness, Bennett L. Gershman
Child Witnesses And Procedural Fairness, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Professor Gershman's Article notes that courts and lawmakers have changed procedural and evidentiary rules to protect child witnesses in child sexual abuse cases. Gershman discusses how courts apply the changed rules with careful scrutiny in an effort to ensure that the interests of the child witness and the accused defendant are appropriately balanced.
Health Care Access For Children With Disabilities, Linda C. Fentiman
Health Care Access For Children With Disabilities, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
In the last twenty-five years, we have seen a remarkable evolution in attitudes and practice toward the treatment of children with disabilities. Children born with severe physical and mental anomalies are no longer routinely allowed to die. Many such children, along with those who become disabled later in childhood through illness or injury, receive aggressive life-saving medical treatment as well as continuing medical and habilitative care. Some children, particularly those whose families are affluent, receive substantial therapeutic and other supportive services that permit them to overcome their disabilities and function effectively in school and, later, at work.
Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie
Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
The thesis of this brief article is simply that the tobacco habits of a parent are relevant and worthy of consideration when a child is asthmatic, or suffers from some other definable medical condition which would be exacerbated by passive smoke. However, when the child is healthy and there exists no definitive short-term medical risk, the issue should be irrelevant. In other words, the court should consider those factors, and only those factors, which are of significant importance to the child, such as stability, caretaker skills, home environment and the child's wishes. Concededly, second-hand smoke is harmful even to a …
Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie
Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
This response to Justice Sondra Miller’s article will first discuss the competing interests and expectations of the parties to a relocation dispute, and briefly outline the national view or views. In fact, there is no national standard, or anything approaching a consensus among the states. The New York experience under the exceptional circumstances standard will then be analyzed and appraised. My conclusion is that the standard should be maintained, although I believe that the Court of Appeals should revisit the issue to clarify the factors and criteria relevant to a determination.
The Meaningful Representation Of Children: An Analysis Of The State Bar Association Law Guardian Legislative Proposal, Merril Sobie
The Meaningful Representation Of Children: An Analysis Of The State Bar Association Law Guardian Legislative Proposal, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
This article will outline the background and history of the law guardian system, summarize the Task Force proposal and analyze the proposal's effects. The intent is to present a synopsis of the issues addressed by the proposal, which has been forwarded to the Legislature for consideration during the 1992 session.
Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin
Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
The six sections of this Article present the case for direct federal court involvement in aiding foster children who are at risk of abuse and neglect while in foster care. Section I discusses the extent of abuse and neglect in foster care as well as the structural causes of this maltreatment. It also explains the inevitable failure of the political branches of government to confront the problem. Section II describes the constitutional right to safety and surveys the judicial treatment of that right, including the lack of development of the right for children in foster care. Section III discusses differences …
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.
The Representation Of Children: A Summary And Analysis Of The Bar Association Law Guardian Study, Merril Sobie
The Representation Of Children: A Summary And Analysis Of The Bar Association Law Guardian Study, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
The law guardian system constitutes a unique opportunity to protect the interests and rights of New York's children. Inaugurated in 1962 and expanded greatly in the past twenty years, the system's goals are laudatory. However, a lack of structure and responsibility has seriously compromised the effectiveness of counsel. Representation is frequently characterized by perfunctory preparation and a waiver of substantive and procedural rights. Moreover, the system is needlessly bifurcated and incapable of providing the education, experience and assistance required for effective counsel. The Bar Association study provides a blueprint for improvement. Legislative restructuring to establish an independent board and office …
The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie
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 …