Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Family Law (11)
- Criminal Law (7)
- State and Local Government Law (6)
- Constitutional Law (4)
- Comparative and Foreign Law (3)
-
- Criminal Procedure (3)
- Legislation (3)
- Social Welfare Law (3)
- Civil Rights and Discrimination (2)
- Courts (2)
- Criminology (2)
- First Amendment (2)
- Health Law and Policy (2)
- International Law (2)
- Legal History (2)
- Medicine and Health Sciences (2)
- Social and Behavioral Sciences (2)
- Sociology (2)
- Bioethics and Medical Ethics (1)
- Business Organizations Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Computer Law (1)
- Education Law (1)
- Environmental Law (1)
- Food and Drug Law (1)
- Human Rights Law (1)
- Insurance Law (1)
- Institution
-
- Loyola University Chicago, School of Law (6)
- UIC School of Law (5)
- Cleveland State University (3)
- University of Michigan Law School (3)
- University of Richmond (3)
-
- Columbia Law School (2)
- Seattle University School of Law (2)
- University of the Pacific (2)
- Boston University School of Law (1)
- Brooklyn Law School (1)
- City University of New York (CUNY) (1)
- Florida State University College of Law (1)
- University at Buffalo School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Children (3)
- Child custody (2)
- Juveniles (2)
- Parents (2)
- Adolescent violence (1)
-
- Adoption (1)
- Annual Survey of Virginia Law (1)
- Artificial insemination (1)
- Ashcraft v. Tennessee (1)
- Bail (1)
- Bail reform (1)
- Berkemer v. McCarty (1)
- Best interest of the child (1)
- Brandon v. Commonwealth (1)
- Briefs (1)
- Brunty v. Smith (1)
- Burfoot v. Commonwealth (1)
- Cheeks v. Commonwealth (1)
- Child poverty (1)
- Child sexual abuse (1)
- Child welfare (1)
- Childhood sexual abuse (1)
- Commonwealth v. Boyd (1)
- Commonwealth v. Carter (1)
- Conflict of interest (1)
- Crawford v. Commonwealth (1)
- Crimes (1)
- Criminal record (1)
- Criminal violence (1)
- Criminality (1)
- Publication
-
- Loyola University Chicago Law Journal (6)
- Faculty Scholarship (4)
- UIC Law Review (4)
- Law Faculty Articles and Essays (3)
- University of Richmond Law Review (3)
-
- McGeorge School of Law Scholarly Articles (2)
- Michigan Journal of Gender & Law (2)
- Seattle University Law Review (2)
- City University of New York Law Review (1)
- Florida State University Journal of Transnational Law & Policy (1)
- In the Public Interest (1)
- Scholarly Works (1)
- UIC John Marshall Journal of Information Technology & Privacy Law (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Law School Faculty Publications (1)
- Washington and Lee Law Review (1)
- Publication Type
Articles 1 - 30 of 34
Full-Text Articles in Juvenile Law
Reflections On The Juvenile Death Penalty: Contravention Of Precedent And Public Opinion, Kim A. Lechner
Reflections On The Juvenile Death Penalty: Contravention Of Precedent And Public Opinion, Kim A. Lechner
In the Public Interest
No abstract provided.
One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika
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.
A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk
A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk
University of Michigan Journal of Law Reform
Recent studies by the U.S. Department of Justice have found that, while adult violent crime rates continue to drop, today's juvenile offenders are the fastest growing segment among violent criminals. The unprecedented increase in juvenile criminality is expected to result in a dramatic increase in the overall rate of violent crime as these juveniles approach majority. Funk argues that most states have not adapted to the troubling reality that the juvenile offenders of today are not the hubcap-stealing youths of days gone by, and that chronic adult criminality is predicated on violent and repeated acts of juvenile delinquency. These jurisdictions …
Guardians: A Research Note, Chris Guthrie, Lawrence M. Friedman, Joanna L. Grossman
Guardians: A Research Note, Chris Guthrie, Lawrence M. Friedman, Joanna L. Grossman
Vanderbilt Law School Faculty Publications
Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while dividing the world into those who are, and those who are not, sui juris-that is, fully capable of acting on their own. The boundaries between these two domains can be quite indistinct. Defining who is insane or incompetent can be especially problematic because these categories are socially and culturally variable. Most people committed in 1900, for example, would hardly be considered insane today; they …
Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins
Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins
Washington and Lee Law Review
No abstract provided.
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Faculty Scholarship
Conflicts of interests arise whenever the representation of a client may be materially limited by the lawyer's duties to either another client or a third person or by the interests of the lawyer herself.' Analyzing such conflicts typically requires identifying situations involving a potentially impermissible conflict, determining whether the conflict is consentable, and, if it is, obtaining consent after full disclosure.2 Conflicts analysis is difficult enough when the client is an adult.3 When the client is a child, however, the analysis is complicated by a number of factors. For example, in the wide variety of cases in which children (or …
Similar Fact Evidence Of Child Sexual Abuse In English, United States, And Florida Law: A Comparative Study, Peter Mirfield
Similar Fact Evidence Of Child Sexual Abuse In English, United States, And Florida Law: A Comparative Study, Peter Mirfield
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Disclosing The Identities Of Juvenile Felons: Introducing Accountability To Juvenile Justice, Arthur R. Blum
Disclosing The Identities Of Juvenile Felons: Introducing Accountability To Juvenile Justice, Arthur R. Blum
Loyola University Chicago Law Journal
No abstract provided.
The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman
UIC John Marshall Journal of Information Technology & Privacy Law
This article addressed the constitutionality of the Child Pornography Prevention Act of 1995 (Hatch Bill) in regard to computer-generated child pornography. The Bill outlaws a visual depiction that is or appears to be of a minor engaging in sexually explicit conduct. The author claims the comments of David B. Johnson and John C. Scheller regarding the constitutionality of the Bill are analytically flawed because they focus on dicta from New York v. Ferber and Osborne v. Ohio. The author then engages in his own assessment of the Bill using a First Amendment approach and suggests what findings Congress should make …
Making A Difference: The Attorney's Role As Child Advocate, Anne M. Burke Justice
Making A Difference: The Attorney's Role As Child Advocate, Anne M. Burke Justice
Loyola University Chicago Law Journal
No abstract provided.
The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle
The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle
Loyola University Chicago Law Journal
No abstract provided.
Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis
Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis
UIC Law Review
No abstract provided.
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
UIC Law Review
No abstract provided.
Killer Party: Proposing Civil Liability For Social Hosts Who Serve Alcohol To Minors, 30 J. Marshall L. Rev. 245 (1996), Matthew C. Houchens
Killer Party: Proposing Civil Liability For Social Hosts Who Serve Alcohol To Minors, 30 J. Marshall L. Rev. 245 (1996), Matthew C. Houchens
UIC Law Review
No abstract provided.
Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz
Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz
Michigan Journal of Gender & Law
Part I of this Article will discuss some of the legal difficulties associated with co-parenting and why lesbian couples have sought second-parent adoptions. Part II will examine the particular statutory obstacles to second-parent adoptions and then analyze the various ways courts in several states have overcome these obstacles. Finally, Part III will discuss the implications of these decisions in terms of their creation of legal and social norms.
Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field
Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field
Michigan Journal of Gender & Law
At issue is custody of three-and-a-half-year-old Maranda (date of birth: April 22, 1991). The trial court found that Maranda had an established custodial environment with her mother, Jennifer Ireland, but then nominally ordered custody changed to Steven Smith. The court's order changing custody was based on a determination that day care is an inappropriate choice for care of a preschool child, and that no one effectively can be a single parent and a student at the same time. Those findings have no factual basis in the record, no legal basis under Michigan law, and no logical or even common sense …
The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi
The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi
Seattle University Law Review
Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …
Washington's Becca Bill: The Costs Of Empowering Parents, Alison G. Ivey
Washington's Becca Bill: The Costs Of Empowering Parents, Alison G. Ivey
Seattle University Law Review
This Comment gives a practical overview of the Becca Bill and its provisions and addresses the potentially dangerous ramifications of the bill. Part II of this Comment gives a brief history of the trends in juvenile justice in this country, establishing a context for what led to the Becca Bill's passage. Part III of this Comment gives a brief history of Washington's statutes dealing with status offenders. This section then outlines the key portions of the Becca Bill, focusing primarily on the “lockup” provision and new petitions available to parents in order to obtain court intervention into the lives of …
Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella
Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella
UIC Law Review
No abstract provided.
Standards Of Appellate Review For Denial Of Counsel And Ineffective Assistance Of Counsel In Child Protection And Parental Severance Cases, William Wesley Patton
Standards Of Appellate Review For Denial Of Counsel And Ineffective Assistance Of Counsel In Child Protection And Parental Severance Cases, William Wesley Patton
Loyola University Chicago Law Journal
No abstract provided.
Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos
Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos
Loyola University Chicago Law Journal
No abstract provided.
Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac
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.
Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison
Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison
Faculty Scholarship
No abstract provided.
The Peculiar Place Of Adolescents In The Hiv-Aids Epidemic: Unusual Progress & Usual Inadequacies In "Adolescent Jurisprudence", Roger J.R. Levesque
The Peculiar Place Of Adolescents In The Hiv-Aids Epidemic: Unusual Progress & Usual Inadequacies In "Adolescent Jurisprudence", Roger J.R. Levesque
Loyola University Chicago Law Journal
No abstract provided.
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).
God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred
God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred
Scholarly Works
In this Article, I argue that poor parents who are willing, but economically unable, to provide proper care for their children are entitled to some minimum level of state assistance grounded in the constitutional right to family integrity. The right to family integrity, when coupled with the state's power as parens patride, creates an affirmative obligation on the state to provide income assistance to impoverished families when necessary to protect the welfare of the children and maintain the family intact.
Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer
Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer
University of Richmond Law Review
On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …
Juvenile Justice Gone Awry: Expulsion Statutes Unjustly Deny Educational Rights To Students, Anthony H. Mansfield
Juvenile Justice Gone Awry: Expulsion Statutes Unjustly Deny Educational Rights To Students, Anthony H. Mansfield
City University of New York Law Review
No abstract provided.
Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim
Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim
Faculty Scholarship
Since 1970, legislatures have increasingly relied on preventive detention – detention before trial ordered solely to prevent an accused from committing crime during the pretrial period – as an instrument of social control. Prior to this period, detention before trial was usually ordered only to assure an accused's presence at trial or to ensure the integrity of the trial process by preventing an accused from tampering with witnesses. Today, the majority of states and the federal system have changed their laws to allow judges to detain arrestees who pose a risk to society if released during the pretrial period. Half …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.