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Articles 1 - 30 of 42
Full-Text Articles in Juvenile Law
The Kids Aren’T Alright: The Road To Abandoning Deceptive Interrogation Techniques For Juvenile Suspects In Maryland, Allison Stillinghagan
The Kids Aren’T Alright: The Road To Abandoning Deceptive Interrogation Techniques For Juvenile Suspects In Maryland, Allison Stillinghagan
Maryland Law Review
No abstract provided.
Revitalizing The Youngberg V. Romeo Professional Judgment Standard To Require Trauma-Informed Care For Detained Children, Taylor C. Joseph
Revitalizing The Youngberg V. Romeo Professional Judgment Standard To Require Trauma-Informed Care For Detained Children, Taylor C. Joseph
Maryland Law Review
No abstract provided.
Restorative Practices In Baltimore City Schools: Research Updates And Implementation Guide, Open Society Institute-Baltimore, Deborah Thompson Eisenberg, Anastasia W. Smith
Restorative Practices In Baltimore City Schools: Research Updates And Implementation Guide, Open Society Institute-Baltimore, Deborah Thompson Eisenberg, Anastasia W. Smith
C-DRUM Publications
Baltimore City Public Schools (City Schools) and other school districts across the United States are implementing restorative practices (RP) to improve school climate by building meaningful relationships in school communities, reframing school discipline, and supporting student safety, well-being, and success. This transformational approach centers student voice and agency, and enhances students’ engagement and participation in their own learning. The Center for Dispute Resolution at the University of Maryland Francis King Carey School of Law and Open Society Institute – Baltimore (OSI) collaborated to create The Restorative Practices in Baltimore City Public Schools: Research Updates and Implementation Guide. The purpose of …
Juvenile In Justice: A Look At Maryland's Practice Of Incarcerating Children Without A Jury Trial, Kelsey Robinson
Juvenile In Justice: A Look At Maryland's Practice Of Incarcerating Children Without A Jury Trial, Kelsey Robinson
Maryland Law Review Online
No abstract provided.
Education Is The Most Appropriate Response To The Phenomenon Of Voluntary Teen Sexting, The Erin Levitas Initative For Sexual Assault Prevention
Education Is The Most Appropriate Response To The Phenomenon Of Voluntary Teen Sexting, The Erin Levitas Initative For Sexual Assault Prevention
C-DRUM Publications
No abstract provided.
Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein
Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Punishing Victim As Perpetrator: In Re: S.K. And The Chilling Effect Of Labeling Teen Sexting As Child Pornography, Emma Kaufman
Punishing Victim As Perpetrator: In Re: S.K. And The Chilling Effect Of Labeling Teen Sexting As Child Pornography, Emma Kaufman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Arrested Development: Rethinking The Contract Age Of Majority For The Twenty-First Century Adolescent, Wayne R. Barnes
Arrested Development: Rethinking The Contract Age Of Majority For The Twenty-First Century Adolescent, Wayne R. Barnes
Maryland Law Review
The contract age of majority is currently age eighteen. Contracts entered into by minors under this age are generally voidable at the minor’s option. This contract doctrine of capacity is based on the policy of protecting minors from their own poor financial decisions and lack of adultlike judgment. Conversely, the age of eighteen is currently set as the arbitrary age at which one will be bound to her contract, since this is the current benchmark for becoming an “adult.” However, this Article questions the accuracy of age eighteen for this benchmark. Until comparatively recently, the age of contract majority had …
Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes
Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes
Maryland Law Review
No abstract provided.
Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke
Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke
Faculty Scholarship
Curfew laws seek to provide general protection to youth and adults by restricting the times that children of certain ages are allowed to occupy public places or streets. These laws often contain exemptions for youth accompanied by an adult, responding to an emergency, or traveling to or from school, work, or a religious service, among others. However, the actual language used and exemptions included vary by locality. As a result, courts have reached different results—several courts upheld curfew laws as constitutional, while others overturned these laws. Although not the original reason behind juvenile curfew enactment, several studies have found that …
"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik
"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik
Faculty Scholarship
Legal models of adolescent autonomy and responsibility in various domains of law span a spectrum from categorical prohibitions of certain behaviors to recognitions of total adolescent autonomy. The piecemeal approach to the limited decision-making capacity of adolescents lacks an empirical foundation in the differences between adolescent and adult decision-making, leading to counterintuitive and inconsistent legal outcomes. The law limits adolescent autonomy with respect to some decisions that adolescents are perfectly competent to make, and in other areas, the law attributes adult responsibility and imposes adult punishments on adolescents for making decisions that implicate their unique volitional vulnerabilities. As developmental neuroscientists …
Youth Charged As Adults: The Use And Outcomes Of Transfer In Baltimore City, Jason R. Tashea, Al Passarella
Youth Charged As Adults: The Use And Outcomes Of Transfer In Baltimore City, Jason R. Tashea, Al Passarella
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Round Up The Usual Suspexts: Advocating For Leniency On Consensual, Teenage Sext Offenders, Jaclyn A. Machometa
Round Up The Usual Suspexts: Advocating For Leniency On Consensual, Teenage Sext Offenders, Jaclyn A. Machometa
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity, Barbara Fedders, Jason Langberg
School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity, Barbara Fedders, Jason Langberg
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Fundamental Unfairness: In Re Gault And The Road Not Taken, Robin Walker Sterling
Fundamental Unfairness: In Re Gault And The Road Not Taken, Robin Walker Sterling
Maryland Law Review
No abstract provided.
A Broken Shield: A Plea For Formality In The Juvenile Justice System, Robin Walker Sterling
A Broken Shield: A Plea For Formality In The Juvenile Justice System, Robin Walker Sterling
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Responding To The Ambiguity Of Miller V. Alabama: The Time Has Come For States To Legislate For A Juvenile Restorative Justice Sentencing Regime, Courtney Amelung
Responding To The Ambiguity Of Miller V. Alabama: The Time Has Come For States To Legislate For A Juvenile Restorative Justice Sentencing Regime, Courtney Amelung
Maryland Law Review Online
No abstract provided.
A Tale Of Two Systems: How Schools And Juvenile Courts Are Failing Students, Samantha Buckingham
A Tale Of Two Systems: How Schools And Juvenile Courts Are Failing Students, Samantha Buckingham
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Faculty Scholarship
Legal and ethical regimes relating to adolescent medical decision making resemble what Judge Frank H. Easterbrook derisively called “the Law of the Horse”: Many laws deal with horses, he wrote, but there is no such field as “horse law.” Similarly, even though the United States has juvenile and family courts, as well as pediatric and adolescent medical departments, there is not a distinct field of “adolescent medical decision-making law” or ethics; there are just many disparate policies that implicate or impinge upon decisions made by adolescents. These include state laws ranging from those that permit minors to seek treatment for …
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Introduction: Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Introduction: Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Journal of Health Care Law and Policy
No abstract provided.
Body Modification And Adolescent Decision Making: Proceed With Caution, Alicia Ouellette
Body Modification And Adolescent Decision Making: Proceed With Caution, Alicia Ouellette
Journal of Health Care Law and Policy
No abstract provided.
Juvenile Neurolaw: When It's Good It Is Very Good Indeed, And When It's Bad It's Horrid, Abigail A. Baird, Christy L. Barrow, Molly K. Richard
Juvenile Neurolaw: When It's Good It Is Very Good Indeed, And When It's Bad It's Horrid, Abigail A. Baird, Christy L. Barrow, Molly K. Richard
Journal of Health Care Law and Policy
No abstract provided.
Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles, B. Jessie Hill
Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles, B. Jessie Hill
Journal of Health Care Law and Policy
No abstract provided.
Adolescent Decision Making: Legal Issues With Respect To Treatment For Substance Misuse And Mental Illness, Richard C. Boldt
Adolescent Decision Making: Legal Issues With Respect To Treatment For Substance Misuse And Mental Illness, Richard C. Boldt
Journal of Health Care Law and Policy
No abstract provided.
Decision Making For Children With Life-Limiting Illnesses: A Clinical Approach, Yoram Unguru
Decision Making For Children With Life-Limiting Illnesses: A Clinical Approach, Yoram Unguru
Journal of Health Care Law and Policy
No abstract provided.
A Choice To Which Adolescents Should Not Be Exposed: Cosmetic Surgery As Satire, Dan O'Connor
A Choice To Which Adolescents Should Not Be Exposed: Cosmetic Surgery As Satire, Dan O'Connor
Journal of Health Care Law and Policy
No abstract provided.
J.D.B. V. North Carolina: An Appropriate Expansion Of Miranda To Account For Age In Juvenile Interrogations, Hanna M. Sheehan
J.D.B. V. North Carolina: An Appropriate Expansion Of Miranda To Account For Age In Juvenile Interrogations, Hanna M. Sheehan
Maryland Law Review
No abstract provided.
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
Faculty Scholarship
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …
Death By Incarceration As A Cruel And Unusual Punishment When Applied To Juveniles: Extending Roper To Life Without Parole, Our Other Death Penalty, Robert Johnson, Sonia Tabriz
Death By Incarceration As A Cruel And Unusual Punishment When Applied To Juveniles: Extending Roper To Life Without Parole, Our Other Death Penalty, Robert Johnson, Sonia Tabriz
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.