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Juvenile Law Commons

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2016

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Institution
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Articles 31 - 60 of 117

Full-Text Articles in Juvenile Law

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward Apr 2016

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee Apr 2016

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.


A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases, Katherine I. Puzone Apr 2016

A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases, Katherine I. Puzone

Pace Law Review

Many people believe that juvenile adjudications of delinquency are automatically expunged upon the youth reaching the age of majority. In reality, a juvenile adjudication of delinquency—especially for a felony—can significantly limit a teenager’s future ability to obtain student loans and scholarships, join the military, participate in athletics, become a firefighter or a law enforcement officer or obtain one of many jobs. As discussed herein, the majority of youth facing charges in delinquency court are suffering from severe socio-economic deprivation, are victims of emotional, physical or sexual abuse, or have serious mental health issues. Many youth caught up in the delinquency …


The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan Apr 2016

The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan

Pace Law Review

This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in …


Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz Apr 2016

Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz

Fordham Urban Law Journal

No abstract provided.


Defending One-Parent Sijs, Rodrigo Bacus Apr 2016

Defending One-Parent Sijs, Rodrigo Bacus

Fordham Urban Law Journal

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck Apr 2016

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


When Children Object: Amplifying An Older Child’S Objection To Termination Of Parental Rights, Brent Pattison Apr 2016

When Children Object: Amplifying An Older Child’S Objection To Termination Of Parental Rights, Brent Pattison

University of Michigan Journal of Law Reform

Each year, thousands of children become wards of the state when a court terminates the legal rights of their parents. Between 2010 and 2014, more than 307,000 children lost their legal relationships to their parents in Termination of Parental Rights (TPR) proceedings. A growing percentage of child welfare cases involve older children. At the same time, too many young people lose their legal relationships with their parents without a family waiting to adopt them. The stakes are high for children in TPR cases; nonetheless, many children—even older children—cannot meaningfully participate in proceedings. Moreover, TPR cases threaten parents’ and children’s rights …


A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows, Nicholas Bittner Apr 2016

A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows, Nicholas Bittner

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis Mar 2016

Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis

Catholic University Law Review

Forming a positive attorney-client relationship with a child is a complex process that involves many considerations. Although it offers guidance on effectively communicating and creating a safe environment, the legal system has neglected to form appropriate standards governing physical touch of juvenile clients. There are numerous benefits to physical touch of clients. However, a lack of guidance on the appropriate ways to use physical touch creates the risk negative effects will result from the touch. Drawing from the standards of other child-focused professions, this Article provides guidelines for attorneys contemplating using physical touch to develop a positive rapport with child …


Utilizing Prosecutorial Discretion To Reduce The Number Of Juveniles With Disabilities In The Juvenile Justice System, Mary Willis Mar 2016

Utilizing Prosecutorial Discretion To Reduce The Number Of Juveniles With Disabilities In The Juvenile Justice System, Mary Willis

Brigham Young University Education and Law Journal

No abstract provided.


Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith Mar 2016

Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith

Nevada Supreme Court Summaries

The Supreme Court denied petitioners’ application for a writ of mandamus for abuse of the district court’s discretion. If granted, this writ would have compelled the district court to grant the petitioners’ application to intervene under Rule 24 of the Nevada Rule of Civil Procedure as defendants in a constitutional challenge to a program that awards grants to children who are educated by entities other than public schools. The State is presumed to adequately represent the interests of those who support the bill. Since they did not demonstrate a conflict of interest with the State’s position or present an argument …


Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse, Lindsay Gochnour Mar 2016

Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse, Lindsay Gochnour

Pepperdine Law Review

This Comment seeks to explore the effect that the admissibility of prior bad acts evidence would have on child maltreatment cases and the benefits that would be afforded to child abuse victims if they were provided the same legal protections as victims of other crimes. This Comment argues that expanding the California Evidence Code to allow the admission of prior acts of psychological and emotional child maltreatment would make great progress for the protection of child abuse victims and the prosecution of their (often losing) cases.


“One Of The Worst:” The School-To-Prison Pipeline In Richmond, Virginia, Cassie Powell Mar 2016

“One Of The Worst:” The School-To-Prison Pipeline In Richmond, Virginia, Cassie Powell

Law Student Publications

Virginia tops the nation in the rate of referrals of students to law enforcement, at three times the national average. Students with disabilities and children of color are far more likely to be referred. Some Richmond area school districts and local government leaders are taking steps to counteract this trend.


Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour Mar 2016

Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour

University of Richmond Law Review

The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …


Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance Mar 2016

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance

University of Richmond Law Review

No abstract provided.


Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Mar 2016

Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner

Faculty Publications

No abstract provided.


The Peril Of Paroline: How The Supreme Court Made It More Difficult For Victims Of Child Pornography, Janet Lawrence Feb 2016

The Peril Of Paroline: How The Supreme Court Made It More Difficult For Victims Of Child Pornography, Janet Lawrence

BYU Law Review

No abstract provided.


The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher Feb 2016

The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher

William & Mary Law Review

No abstract provided.


The American Bar Association Joint Task Force On Reversing The School-To-Prison Pipeline Preliminary Report, Sarah E. Redfield, Jason P. Nance Feb 2016

The American Bar Association Joint Task Force On Reversing The School-To-Prison Pipeline Preliminary Report, Sarah E. Redfield, Jason P. Nance

UF Law Faculty Publications

In 2014, the American Bar Association (ABA) Coalition on Racial and Ethnic Justice (COREJ) turned its attention to the continuing failures in the education system where certain groups of students — for example, students of color, with disabilities, or LGBTQ — are disproportionately over- or incorrectly categorized in special education, are disciplined more harshly, including referral to law enforcement for minimal misbehavior, achieve at lower levels, and eventually drop or are pushed out of school, often into juvenile justice facilities and prisons — a pattern now commonly referred to as the School-to-Prison Pipeline. While this problem certainly is not new, …


Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith Feb 2016

Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith

Research Reports & White Papers

Housing youth who are prosecuted and convicted as adults in adult facilities is challenging and creates significant dilemmas for correctional agencies. In particular, should such “youthful inmates” be treated as part of the regular adult population or should these youth be housed in facilities still under the purview of the adult corrections agency but in facilities designated for youth? More narrowly, should youthful inmates who remain in an adult facility be held in separate housing blocks? Or, should youthful inmates in adult correctional facilities be housed in protective custody or solitary confinement for their protection? How should agencies provide required …


In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner Feb 2016

In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner

Faculty Publications

This Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on May 29, 2015 the President signed legislation that would give preferential consideration for federal grants to states that have enacted a law that "discourages the charging or prosecution" of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, the sound …


Investigating The Role Of Race And Culture In The U.S. Juvenile Justice System, Brenda Mckinney Jan 2016

Investigating The Role Of Race And Culture In The U.S. Juvenile Justice System, Brenda Mckinney

Children's Legal Rights Journal

No abstract provided.


Around The World: Testimony Aids For Children In Canada, Matthew Gilbert Jan 2016

Around The World: Testimony Aids For Children In Canada, Matthew Gilbert

Children's Legal Rights Journal

No abstract provided.


Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin R. Gardner Jan 2016

Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin R. Gardner

Nebraska College of Law: Faculty Publications

To understand the potential scope of the Court's implicit conclusion that the punishment of adolescents is unconstitutional unless a meaningful opportunity for rehabilitation is afforded, it is necessary to carefully distinguish and clarify the distinction between the conflicting concepts of punishment and rehabilitation. I therefore begin Part I by analyzing this distinction. Since the logic of the Court's decisions impacts the punishment of adolescents in both the juvenile and criminal justice contexts, I contrast the two systems in Part II by tracing the development of the juvenile court movement from its original rehabilitative origins towards an increasingly punitive model, dispensing …


Spotlight On: Project Nia - Building Peaceful Communities, Emily Blumenstein Jan 2016

Spotlight On: Project Nia - Building Peaceful Communities, Emily Blumenstein

Children's Legal Rights Journal

No abstract provided.


Guardian Ad Litem, Legal Clinic Program Jan 2016

Guardian Ad Litem, Legal Clinic Program

Course Descriptions and Information

GUARDIAN AD LITEM (GAL): This clinic focuses on legal advocacy on behalf of children, while providing students with a strong foundation in lawyering skills and values. This clinic addresses constitutional, statutory, and common laws impacting children, the legal interests of parents, and the government and the law’s evolving conception of children’s rights.


Guardian Ad Litem Clinic, Legal Clinic Program Jan 2016

Guardian Ad Litem Clinic, Legal Clinic Program

Clinical Programs Brochures

The Guardian Ad Litem (GAL) clinic represents the “best interests” of children involved in dependency proceedings in the Juvenile Justice system in the State of Florida. We are designed to give students an overview and working knowledge of all aspects of representing children in dependency proceedings. The GAL Clinic addresses constitutional, statutory, and common laws impacting children, including the legal interests of parents and the government and the law’s evolving conception of children’s rights.


Obergefell'S Missed Opportunity, Catherine Smith Jan 2016

Obergefell'S Missed Opportunity, Catherine Smith

Scholarly Articles

Part I of this article delineates the harms to children from marriage bans, harms that the Obergefell Court relied upon to recognize the fundamental right to marry for same-sex couples. Part II explains how Obergefell missed an opportunity to advance the constitutional rights of children by failing to invoke well-established equal protection law. This discussion briefly catalogues the omitted child-centered cases that warranted a more robust analysis of children's rights. This series of cases begins with the Brown v. Board of Education decision, and then turns to a number of post-Brown equal protection cases that explicitly prohibited state practices that …


I Am Whoever You Say I Am: How The Custodial Decisions Of Parents Can Affect And Limit A Transgender Child's Freedom And State Of Mind, Kasia Szczerbinski Jan 2016

I Am Whoever You Say I Am: How The Custodial Decisions Of Parents Can Affect And Limit A Transgender Child's Freedom And State Of Mind, Kasia Szczerbinski

Children's Legal Rights Journal

No abstract provided.