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Articles 31 - 60 of 178
Full-Text Articles in Juvenile Law
Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin
Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and decreases public safety, transfer should be abolished. It also argues that the diminished culpability rationale that has had much-deserved success at eliminating the juvenile death penalty and mandatory life without parole for juveniles is not likely to have a major impact on the much more prevalent practices of transferring mid- and older-adolescents to adult court and expanding adult court jurisdiction to adolescents; neither the law …
The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone
The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone
All Faculty Scholarship
When a child with a mental illness is being prescribed psychotropic medication. who decides whether the child should take the medication — the parent or the child? What if the child is sixteen years of age? What if the child is in foster care: Should the parent or social service agency decide? Prior to administering psychotropic medication, what specific information should be provided to the person authorized to consent on behalf of the child? Should children be permitted to refuse psychotropic medications? If so, at what age should a child he able to refuse such medication What procedures should be …
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
Faculty Publications
No abstract provided.
Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle
Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle
Michigan Law Review First Impressions
In the late 1980s and 1990s, many state legislatures radically altered the way that their laws treated children accused of crimes. Responding to what was perceived of as an epidemic of juvenile violence, academics and policymakers began to think of child criminals as a "new breed" of incorrigible "superpredators." States responded by making it easier for prosecutors to try and sentence juveniles as adults, even making it mandatory in some circumstances. Yet in the past decade, the Supreme Court handed down four opinions that limit the states' ability to treat children as adults in the justice system. Roper v. Simmons …
It's Time To Start Showing A Little Restraint: In Search Of A Compromise On Federal Seclusion And Restraint Legislation, Cali Cope-Kasten
It's Time To Start Showing A Little Restraint: In Search Of A Compromise On Federal Seclusion And Restraint Legislation, Cali Cope-Kasten
University of Michigan Journal of Law Reform
In 2009, the United States House of Representatives heard testimony that hundreds of students had been injured in schools by teachers secluding or physically restraining them. Congress had never legislated on seclusion and restraint, but the alarming allegations of student injuries and deaths prompted many parents to demand a ban on the use of the techniques in schools. In the continuing debate, school officials have protested that seclusion and restraint are important tools for teachers to protect their classrooms from out-of-control students. Torn between these two extreme positions, Congress has twice attempted — but failed — to pass federal legislation …
Testifying Minors: Pre-Trial Strategies To Reduce Anxiety In Child Witnesses, Dawn Hathaway Thoman
Testifying Minors: Pre-Trial Strategies To Reduce Anxiety In Child Witnesses, Dawn Hathaway Thoman
Nevada Law Journal
No abstract provided.
Wanted: Forever Home – Achieving Permanent Outcomes For Nevada's Foster Children, Miriam C. Meyer-Thompson
Wanted: Forever Home – Achieving Permanent Outcomes For Nevada's Foster Children, Miriam C. Meyer-Thompson
Nevada Law Journal
No abstract provided.
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
Seattle University Law Review
In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …
The Categorical Distinction Between Adolescents And Adults: The Supreme Court's Juvenile Punishment Cases—Constitutional Implications For Regulating Teenage Sexual Activity, Martin R. Gardner
Brigham Young University Journal of Public Law
I undertake in this article the task of exploring the impact of the punishment cases in resolving one particular controversial family law issue involving the possible existence of a juvenile’s constitutional right to engage in sexual conduct prohibited by the state and against the wishes of that juvenile’s parents. While the Supreme Court has seldom decided cases involving direct claims by children of constitutional rights disfavored by their parents, assertions by minors of constitutionally protected sexual liberty have become more prevalent of late in light of the Supreme Court’s recognition in Lawrence v. Texas of a constitutionally protected right, at …
Snapchat And Sexting: A Snapshot Of Baring Your Bare Essentials, Nicole A. Poltash
Snapchat And Sexting: A Snapshot Of Baring Your Bare Essentials, Nicole A. Poltash
Law Student Publications
This comment explores sexting between minors and its inseparable link to Snapchat. Part II provides background information on the practice and prevalence of sexting. Part III explains the Snapchat application and its various uses. Part IV discusses the implications of sexting, legal and otherwise. Part V examines how Snapchat directly conflicts with current law.13 Lastly, Part VI proposes possible solutions.
A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington
Seattle University Law Review
In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history of Rule 60 as …
When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre
When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre
Seattle University Law Review
Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court …
Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North
Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North
Pepperdine Law Review
No abstract provided.
Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick
Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick
Pepperdine Law Review
No abstract provided.
Void For Vagueness: State Statutes Proscribing Conduct Only For A Juvenile, Edward R. Roybal
Void For Vagueness: State Statutes Proscribing Conduct Only For A Juvenile, Edward R. Roybal
Pepperdine Law Review
No abstract provided.
In Re N, Juvenile Court Must Inform Minor Of His Right To Appeal , John H. Paulsen
In Re N, Juvenile Court Must Inform Minor Of His Right To Appeal , John H. Paulsen
Pepperdine Law Review
No abstract provided.
A Dangerous Commitment , Jack Fleischli
Breed V. Jones: Double Jeopardy And The Juvenile , Jere Lamont Fox
Breed V. Jones: Double Jeopardy And The Juvenile , Jere Lamont Fox
Pepperdine Law Review
No abstract provided.
A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun
A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun
Pepperdine Law Review
No abstract provided.
Expanding The Neglected Role Of The Parent In The Juvenile Court , Raymond F. Vincent
Expanding The Neglected Role Of The Parent In The Juvenile Court , Raymond F. Vincent
Pepperdine Law Review
No abstract provided.
Certification Of Juveniles To Adult Court , Joseph N. Sorrentino, Gary K. Olsen
Certification Of Juveniles To Adult Court , Joseph N. Sorrentino, Gary K. Olsen
Pepperdine Law Review
No abstract provided.
Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne
Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne
Pepperdine Law Review
No abstract provided.
First Annual Juvenile Law Thematic Journal Pepperdine Law Review: Introduction, John L. Roche
First Annual Juvenile Law Thematic Journal Pepperdine Law Review: Introduction, John L. Roche
Pepperdine Law Review
No abstract provided.
Juvenile Justice In Transition , Julian C. Dixon
Juvenile Justice In Transition , Julian C. Dixon
Pepperdine Law Review
No abstract provided.
People V. Olivas: Equalizing The Sentencing Of Youthful Offenders With Adult Maximums, William E. Harris
People V. Olivas: Equalizing The Sentencing Of Youthful Offenders With Adult Maximums, William E. Harris
Pepperdine Law Review
No abstract provided.
Legislative Response To In Re Ronald S.: Cal. A.B. 958, Richard E. Boehm
Legislative Response To In Re Ronald S.: Cal. A.B. 958, Richard E. Boehm
Pepperdine Law Review
No abstract provided.
Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker
Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker
Pepperdine Law Review
No abstract provided.
The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier
The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier
Pepperdine Law Review
No abstract provided.
Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder
Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder
Pepperdine Law Review
No abstract provided.
Child Abuse Victims: Are They Also Victims Of An Adversarial And Hierarchial Court System?, Lorraine Adler
Child Abuse Victims: Are They Also Victims Of An Adversarial And Hierarchial Court System?, Lorraine Adler
Pepperdine Law Review
No abstract provided.