Open Access. Powered by Scholars. Published by Universities.®

Juvenile Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2013

Discipline
Institution
Keyword
Publication
Publication Type

Articles 91 - 120 of 178

Full-Text Articles in Juvenile Law

Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena Feb 2013

Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena

Pepperdine Law Review

No abstract provided.


The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West Feb 2013

The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West

Pepperdine Law Review

No abstract provided.


Statement Of William S. White, William S. White Feb 2013

Statement Of William S. White, William S. White

Pepperdine Law Review

No abstract provided.


A Compendium Of Major California Juvenile Law Decisions With Brief Analyses, 1979, Michael T. Lubinski, Robert M. Triplett Feb 2013

A Compendium Of Major California Juvenile Law Decisions With Brief Analyses, 1979, Michael T. Lubinski, Robert M. Triplett

Pepperdine Law Review

Society has been plagued with the problem of whether the police, the courts and the correction agencies are to administer juveniles for their protection and treatment, or for their punishment. To facilitate a better understanding of juvenile administration the authors have analyzed the California juvenile law cases for the year 1979. The article consists of six major area of interest; parent-child custody, sentencing, procedure, jurisdiction, evidentiary and constitutional which will be used to highlight some of the more significant decisions in the past year, thus enabling the reader to assess changes occurring in the juvenile system.


Where For Art Thou Danforth: Bellotti V. Baird , David C. Boatwright Feb 2013

Where For Art Thou Danforth: Bellotti V. Baird , David C. Boatwright

Pepperdine Law Review

The author's focus is upon a Supreme Court opinion dealing with the constitutional parameters of a minor's right to make an independent decision with respect to abortion. The majority, in an attempt to balance the often conflicting interests of the minor, the minor's parents, and the state, sets forth the minimum requirements with which parental consent statutes must comply. The author emphasizes the significance of the high court's plurality split regarding this issue, and cautions the practitioner as to the possibility of inconsistent rulings on such statutes in the future.


Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff Feb 2013

Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff

Pepperdine Law Review

In the principal case, Fare v. Michael C., the United States Supreme Court rejects the position of the Supreme Court of California that a juvenile's request for the presence of his probation officer constitutes an invocation of the juvenile's right to remain silent within the meaning of the Miranda decision. The author examines the rationale applied by each court enroute to this split of opinion, and suggests a middle ground which would accommodate the concerns of both courts with respect to the protection of an accused juvenile at the custodial interrogation stage.


Status Offenders Should Be Removed From The Juvenile Court , Luke Quinn, Peter M. Hutchison Feb 2013

Status Offenders Should Be Removed From The Juvenile Court , Luke Quinn, Peter M. Hutchison

Pepperdine Law Review

Inadequate financial resources and overcrowded juvenile placement facilities have frequently been cited as grounds for the abrogation of the juvenile court's practice of retaining jurisdiction over status offenders. In this article, Judge Quinn suggests the existence of even more compelling reasons which support diversion of status offenders to programs better suited to their particular needs. The author contends that the juvenile court's jurisdiction should be confined to matters of fact-finding and adjudication, rather than intruding into areas within the domain of the parents, and into areas in which the court lacks the necessary expertise. It is argued that diversion of …


A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin Feb 2013

A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin

Pepperdine Law Review

The juvenile court's power to waive jurisdiction which entails the transfer of juvenile offenders to adult courts presents a topic of longstanding controversy. It's rationale, one of protection of the public, has been labeled by the authors as untenable. Moreover, it is asserted that waiver of jurisdiction in such cases contravenes the very cornerstone of the juvenile court process--the doctrine of parens patriae. Three methods of transfer are seen to exist--legislative, prosecutorial, and judicial. Focusing on the latter, the authors posit an argument advocating the abrogation of the concept of waiver. Justification for this proposition is seen to flow from …


Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty Feb 2013

Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty

Pepperdine Law Review

The use of discovery is acknowledged as essential to the efficient administration of justice and to the fairness of the adversary system in both civil and criminal proceedings. However, the juvenile court system has been slow to implement various means of discovery, largely as a result of the doctrine of parens patriae and the unique nature of the juvenile process. Although a discernible trend indicates acceptance of pretrial discovery, there has been considerable experimentation at decisional and statutory levels to develop procedurally protective discovery mechanisms. Professor Geraghty traces the use of discovery in juvenile proceedings and devotes particular attention to …


Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark Feb 2013

Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark

Pepperdine Law Review

The landmark Supreme Court decision in In re Gault established, among other things, a juvenile's right to counsel in delinquency prosecutions. However, the decision left unanswered certain questions relating to the nature and scope of that right. In this article, the author examines whether or not Gault initiated a special due process right to counsel for juveniles apart from that body of sixth amendment law previously developed in criminal cases. Alternatively, he wonders whether Gault was meant to initiate a process of selective incorporation of the Bill of Rights into the juvenile justice system. The author critically analyzes the resulting …


Enacting Legislation To Identify And Treat Children With Conduct Disorders, Donald J. Barnett, Ola Barnett Feb 2013

Enacting Legislation To Identify And Treat Children With Conduct Disorders, Donald J. Barnett, Ola Barnett

Pepperdine Law Review

The identification of conduct disordered children, that is, those children who are susceptible to becoming delinquent, is the first necessary step that must be undertaken if society's efforts to control a spiraling crime rate are to be successful. It is the authors' underlying premise that since the traditional approaches to rehabilitation have proven ineffective, it is incumbent upon the various state legislatures to become receptive to new methods and programs designed to prevent delinquency. The distinguishing feature of these alternatives would be early intervention and treatment. Admittedly, the authors note, many of these programs are experimental and based on the …


From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib Feb 2013

From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib

Pepperdine Law Review

The Supreme Court's reliance upon research and scholarly commentaries which examine the sociological factors that contribute to delinquent behavior has declined considerably during the last fourteen years. The author, in an effort to explain this decline, analyzes the seven major juvenile cases which have been considered by the Court since 1966. He conducts this analysis by focusing upon the subject matter of each decision, the importance of the issues arising therein and the author of each opinion. While some similarities appear, no consistent pattern emerges from this analysis. The article concludes that while juvenile law is an area which is …


The Utilization Of Intermediate Scrutiny In Establishing The Right To Education For Undocumented Alien Children: Plyler V. Doe, Diane I. Osifchok Feb 2013

The Utilization Of Intermediate Scrutiny In Establishing The Right To Education For Undocumented Alien Children: Plyler V. Doe, Diane I. Osifchok

Pepperdine Law Review

The recent decision in the case of Plyer v. Doe has seemingly solidified the use of the intermediate level of scrutiny as a legitimate standard of review. The Supreme Cour4 in its refusal to apply both the harsh level of strict scrutiny and the often inadequate lower level of a rational basis standard, sought a mid-level analysis. Thus, the intermediate level of review enabled the Court to hold the Texas statute which denied undocumented alien children a free public education constitutionally infirm.


Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki Feb 2013

Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki

Pepperdine Dispute Resolution Law Journal

The article presents information on the reforms in the juvenile justice system of the U.S. through alternative dispute resolution-based strategies which has been illustrated with the U.S. Supreme Court cases Roper v. Simmons, and Graham v. Florida. It discusses rationale of the U.S. Supreme Court in Graham case and analyzes Graham's current and future impact. A proportionality standard expressed in legislative enactments and state practice was applied by the U.S. Supreme Court in Graham case.


Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote Jan 2013

Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote

Pepperdine Law Review

No abstract provided.


Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons Jan 2013

Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons

Pepperdine Law Review

No abstract provided.


Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers Jan 2013

Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers

Pepperdine Law Review

No abstract provided.


Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead Jan 2013

Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead

Pepperdine Law Review

No abstract provided.


A Review Of Pennsylvania's Child Abuse Reporting Law, Matthew J. Mcclelland Jan 2013

A Review Of Pennsylvania's Child Abuse Reporting Law, Matthew J. Mcclelland

Law Student Papers

No abstract provided.


Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels Jan 2013

Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels

Lisa PytlikZillig Publications

Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …


School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity, Barbara Fedders, Jason Langberg Jan 2013

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.


Equal Protection For Children Of Same-Sex Parents, Catherine E. Smith Jan 2013

Equal Protection For Children Of Same-Sex Parents, Catherine E. Smith

Scholarly Articles

Gay rights litigation and advocacy traditionally have focused on the unequal treatment of gay and lesbian individuals and couples; less attention has been dedicated explicitly to the legal rights of the children of gay and lesbian parents. This Article asserts that a child of same-sex parents denied a government benefit has a cognizable equal protection challenge—a legal claim that is separate and distinct from that of the child’s gay or lesbian parents. It is well-settled equal protection law that the government may not treat nonmarital children differently than marital children because of moral disdain for their parents’ relationship, and laws …


Cyberbullying In Schools: Chapter 157 Updates The Law On Suspension For Online Conduct, Sydney Smith Jan 2013

Cyberbullying In Schools: Chapter 157 Updates The Law On Suspension For Online Conduct, Sydney Smith

McGeorge Law Review

No abstract provided.


Getting A Break From Forever: Chapter 828 Provides An Opportunity For Juveniles Sentenced To Life Without Parole To Get Their Lives Back, Roman Edwards Jan 2013

Getting A Break From Forever: Chapter 828 Provides An Opportunity For Juveniles Sentenced To Life Without Parole To Get Their Lives Back, Roman Edwards

McGeorge Law Review

No abstract provided.


Meaningless Opportunities: Graham V. Florida And The Reality Of De Facto Lwop Sentences, Mark T. Freeman Jan 2013

Meaningless Opportunities: Graham V. Florida And The Reality Of De Facto Lwop Sentences, Mark T. Freeman

McGeorge Law Review

No abstract provided.


Beginning To Seize The Instrumentalities Of Human Trafficking: Chapter 514 Allows Criminal Forfeiture Of Property Used To Facilitate The Sex Trafficking Of Minors, Scott Davidson Dyle Jan 2013

Beginning To Seize The Instrumentalities Of Human Trafficking: Chapter 514 Allows Criminal Forfeiture Of Property Used To Facilitate The Sex Trafficking Of Minors, Scott Davidson Dyle

McGeorge Law Review

No abstract provided.


“When In Doubt, Sit Them Out”: Chapter 173 Effectively Supplements California Concussion Law And Raises Awareness Among Coaches, Josh Hunsucker Jan 2013

“When In Doubt, Sit Them Out”: Chapter 173 Effectively Supplements California Concussion Law And Raises Awareness Among Coaches, Josh Hunsucker

McGeorge Law Review

No abstract provided.


Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Issues, Diane Geraghty Jan 2013

Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Issues, Diane Geraghty

Children's Legal Rights Journal

No abstract provided.


Child Maltreatment And Immigration Enforcement: Considerations For Child Welfare And Legal Systems Working With Immigrant Families, Alan J. Dettlaff, Megan Finno-Velasquez Jan 2013

Child Maltreatment And Immigration Enforcement: Considerations For Child Welfare And Legal Systems Working With Immigrant Families, Alan J. Dettlaff, Megan Finno-Velasquez

Children's Legal Rights Journal

No abstract provided.


Interview With: An American Dreamer Shaping The Land Of Opportunity, Thalia Roussos Jan 2013

Interview With: An American Dreamer Shaping The Land Of Opportunity, Thalia Roussos

Children's Legal Rights Journal

No abstract provided.