Juvenile Law Commons^™

Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes

William & Mary Bill of Rights Journal

No abstract provided.

Adolescent Brain Science After Graham V. Florida, Terry A. Maroney

Vanderbilt Law School Faculty Publications

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits a sentence of life without possibility of parole for a non-homicide crime committed when the offender was under the age of eighteen. In an earlier Article, The False Promise of Adolescent Brain Science in Juvenile Justice, this author noted the pendency of Graham and its companion case, in which petitioners and their amici offered neuroscientific arguments closely paralleling those made by the defendant in Roper v. Simmons. Kennedy’s opinion in Graham clarified what his opinion in Roper had left ambiguous: the Court believes neuroscience relevant to general …

The Moral Of The Story: The Power Of Narrative To Inspire And Sustain Scholarship, Amy Vorenberg

Law Faculty Scholarship

This article describes how I discovered the power of story as a tool to inspire scholarship. We think of stories as a means to bring life to legal cases in a way that grounds them and makes them visceral and comprehensible. We use storytelling to teach our students - showing how the emotive power of a story can persuade. However, stories can also serve a different function. In my search for a way to inspire and sustain my own writing, I found out that a good story can be the source of a writer’s motivation to both create and sustain …

My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson

UIC John Marshall Journal of Information Technology & Privacy Law

This comment will discusses the problem posed by student speech made on the Internet, how free speech issues are generally addressed by courts, the Supreme Court cases that have specifically addressed the First Amendment rights of students, and factors that courts dealing with student speech made on the Internet have attempted to use in their decisions. The comment will further look at how courts have analyzed online student speech cases in light of available Supreme Court precedent, and will propose that the Court adopt a hybrid of the Tinker test when addressing student speech made on the Internet, which will …

Annual Juvenile Recidivism Report, Becky Noréus

Justice Policy

Executive Summary:

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) contracts with the Muskie School of Public Service in a state-university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

Recidivism in this report is defined as a re-adjudication (juvenile) or conviction (adult) for an offense committed by a youth in Maine within three years of his or her first adjudication. This report measures DJS impact on youth who have been adjudicated and placed under supervision …

School Discipline Of Cyber-Bullies: A Proposed Threshold That Respects Constitutional Rights, 45 J. Marshall L. Rev. 85 (2011), Laura Pavlik Raatjes

UIC Law Review

No abstract provided.

Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava

UIC Law Review

No abstract provided.

Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011), Peter Follenweider

UIC Law Review

No abstract provided.

Suicide Causation Experts In Teen Wrongful Death Claims: Will They Assist The Trier Of Fact?, 45 J. Marshall L. Rev. 51 (2011), Andrea Maciver

UIC Law Review

No abstract provided.

Parenting And Pregnant Students: An Evaluation Of The Implementation Of The Other Title Ix, Michelle Gough

Michigan Journal of Gender & Law

Title IX of the Education Amendments of 1972 prohibits gender discrimination. Although pregnancy has been described as the "quintessential sex difference," Title IX's prohibition of gender discrimination in the context of parenting and pregnant students has often been left out of the discussion, and therefore the understanding, of the implementation of Title IX Regulations. The scholarship discussing the topic shows general agreement that the language and spirit of Title IX has not been given effect thus far by our schools or by some courts. This Article begins by looking to the Title IX regulations themselves and then to the research …

The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman

Indiana Journal of Global Legal Studies

The case of Flomo v. Firestone Natural Rubber Company involves child laborers' claims that labor practices on a Liberian rubber plantation violate international norms. Though the case was recently resolved in favor of the defendants at the district court level, the case's complicated procedural and substantive history offers insight into the viability of future child labor claims. This Note examines the Flomo case and explores how standards from the ATS and the United States Supreme Court case Sosa v. Alvarez-Machain apply to future plaintiffs' claims. This Note also analyzes the potential repercussions that plaintiffs face in using the ATS as …

Interview With Paulo Sérgio Pinheiro, Iachr Rapporteur On The Rights Of The Child, Human Rights Brief

Human Rights Brief

No abstract provided.

Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates, Douglas E. Abrams

Faculty Publications

The American Medical Association, the National Institute of Child Health and Human Development, and the U.S. Centers for Disease Control and Prevention have identified bullying in the public elementary and secondary schools as a "public health problem". This article explains the schools' comprehensive authority, consistent with the First Amendment, to impose discipline on cyberbullies, by suspension or expulsion if necessary. Ever since Tinker v. Des Moines Independent Community School District (1969), the Supreme Court's First Amendment decisions have granted the schools authority to discipline student speech that causes, or reasonably threatens, (1) "substantial disruption of or material interference with school …

When Sixteen Ain't So Sweet: Rethinking The Regulation Of Adolescent Sexuality, Nicole Phillis

Michigan Journal of Gender & Law

Legally speaking, sexual maturity poses a significant enough liberty interest for a minor to make medical decisions regarding contraceptive medicine or to choose motherhood without parental involvement, but not quite enough for her to obtain an abortion independently. The law incentivizes teenage motherhood by only granting decisional autonomy to those minors who choose to have a child; the minor female's right to procreate vests regardless of her individual maturity. The law discourages teenage abortions by using the choice to terminate a pregnancy to trigger a presumption of immaturity; the minor female's abortion right is pitted against personal autonomy via parental …

More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter

Articles

No abstract provided.

"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain

All Faculty Scholarship

A three-year-old child, while being bathed by her babysitter, innocently mentions that her “pee-pee” hurts. When the babysitter asks the child how she hurt it, she says, “Uncle Ernie (her mother’s boyfriend) told me not to tell.” A subsequent medical examination reveals that the child has gonorrhea, a sexually transmitted disease.

By the time of trial, the child is four and-a-half-years old. When questioned by the trial judge, she cannot explain to the judge’s satisfaction, “the difference between the truth and a lie.” Moreover, she has no long term memory of the incident. The judge rules the child incompetent to …

Factors In Juvenile Court Dispositions: Case Study Of A Rural Juvenile Court, Kevin Lee Kirk

Online Theses and Dissertations

The primary question of importance in this current study is what factors affect judges' dispositional rulings in a small rural Central Kentucky county. In order to evaluate these factors, this study involved a two stage process. The quantitative data were gathered from 120 Department of Juvenile Justice (DJJ) files dating back to 1999 that were processed through the study site small county court. The qualitative data were gathered through a series of structured interviews with court personnel. This current study provides descriptive statistics of the study cases that have been adjudicated delinquent with respect to their legal and extralegal characteristics, …

Jurors’ Perceptions Of Juvenile Offenders Tried In Adult Criminal Court, Margaret C. Stevenson, Cynthia J. Najdowski, Bette L. Bottoms, Katlyn M. Sorenson, Sylvia P. Perry

Psychology Faculty Scholarship

No abstract provided.

Amy And Vicky's Cause: Perils Of The Federal Restitution Framework For Child Pornography Victims, Robert W. Jacques

Georgia Law Review

Child pornography is unique among violent crimes in at
least one aspect: victims are harmed not only from their

initial abuse but also from knowing that people on the
Internet continue to view the images. In recent years, a
split has arisen among federal courts on whether victims
of child pornography are entitled to restitution from non-
production offenders, i.e., offenders that were not involved
in the initial abuse of victims. The controversy has
surrounded 18 U.S.C. § 2259-the mandatory restitution
statute for sex offenses. While some courts find victim
harm not sufficiently traceable to the crimes at issue to …

Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis

Law Faculty Articles and Essays

Historically, courts were called on to answer the following question: What makes a man a legal father? Courts applied different presumptions to arrive at the answer. For example, if the case involved a married couple, the woman's husband was presumed to be the legal father.1 In situations involving an unmarried woman, the man who helped to conceive the child was the legal father. While paternity was being litigated, maternity was resolved-the woman who gave birth to the child was the child's legal mother. The phrase “momma's baby, papa's maybe” reflected society's attitude towards maternity. Since the woman who gave birth …

Sex-Cells: Evaluating Punishments For Teen "Sexting" In Oklahoma And Beyond, John M. Krattiger

Oklahoma Law Review

No abstract provided.

Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres

Faculty Publications By Year

In recent years, major natural disasters — ranging from the 2004 Indian Ocean tsunami to the 2010 Haiti earthquake — have challenged the global community to ensure the survival and well-being of millions of individuals under the most difficult circumstances. Each of these natural disasters has created crisis spots with huge numbers of displaced individuals, including many children. The international community has struggled to deliver the resources needed to ensure a prompt and full recovery. In these settings, the challenges confronting children are particularly acute. Yet frequently children are marginalized and underserved by disaster response and reconstruction efforts. This symposium …

A Case Study In Tanzania: Police Round-Ups And Detention Of Street Children As A Substitute For Care And Protection, Sheryl L. Buske

South Carolina Journal of International Law and Business

No abstract provided.

Gangs And Gang Activity In America: A Prevention Report, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

This report covers information on gangs, gang activity, and gang prevention. The report reveals information such as the history of gangs in the U.S., the definition of “gang,” data on prevalence, persons affected by gang activity, demographics of gangs and their members, criminal activity committed by gangs, gang hierarchical structure, prevention strategies, and effectiveness of gang prevention programs.

Child Friendly Legal Aid In Africa, Diane C. Geraghty, Thomas F. Geraghty

Faculty Publications & Other Works

No abstract provided.

Can They Do That To Me - Does The Eighth Amendment Protect Children's Best Interests?, Maryam Ahranjani

Scholarly Works

No abstract provided.

Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser

Scholarly Works

In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …

Holding Parents Responsible: Is Vicarious Responsibility The Public’S Answer To Juvenile Crime?, Eve M. Brank, Edie Greene, Katherine Hochevar

Department of Psychology: Faculty Publications

Parental responsibility laws hold parents accountable for the delinquent behaviors of their children even when parents’ actions are not the direct cause of an offense. Despite the prevalence of these laws, we know little about their perceived fairness. Is it reasonable to make parents vicariously responsible for outcomes they could not have foreseen and, if so, under what circumstances? Our series of three studies addressed those questions by systematically examining the impact of various situational and dispositional factors on public opinions regarding parental responsibility. Respondents attributed most of the responsibility for a crime to the child, and attributions of responsibility …

Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, Leanne Palmer

Barry Law Review

No abstract provided.

Supporting The Florida Legal Community's Response To Graham V. Florida, Ilona P. Vila

Barry Law Review

No abstract provided.