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Juvenile Law Commons

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Articles 1381 - 1410 of 3286

Full-Text Articles in Juvenile Law

Interview With: Miranda Johnson, Associate Director Of The Education Law And Policy Institute, Loyola University Chicago School Of Law, Jenessy Rodriguez Jan 2015

Interview With: Miranda Johnson, Associate Director Of The Education Law And Policy Institute, Loyola University Chicago School Of Law, Jenessy Rodriguez

Children's Legal Rights Journal

No abstract provided.


Stateless And Fleeing Persecution: The Situation Of The Rohingya In Thailand, Amanda Crews Slezak, Thalia Roussos Singer, Rupa Ramadurai Jan 2015

Stateless And Fleeing Persecution: The Situation Of The Rohingya In Thailand, Amanda Crews Slezak, Thalia Roussos Singer, Rupa Ramadurai

Children's Legal Rights Journal

No abstract provided.


Oversight Hearing On Juvenile Justice In Indian Country: Challenges And Promising Strategies, Addie C. Rolnick Jan 2015

Oversight Hearing On Juvenile Justice In Indian Country: Challenges And Promising Strategies, Addie C. Rolnick

Congressional Testimony

In her testimony before the United States Senate Committee on Indian Affairs, Prof. Rolnick describes her research and recommendations concerning how to improve juvenile justice for American Indian and Alaska Native youth.


Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke Jan 2015

Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke

Faculty Scholarship

Curfew laws seek to provide general protection to youth and adults by restricting the times that children of certain ages are allowed to occupy public places or streets. These laws often contain exemptions for youth accompanied by an adult, responding to an emergency, or traveling to or from school, work, or a religious service, among others. However, the actual language used and exemptions included vary by locality. As a result, courts have reached different results—several courts upheld curfew laws as constitutional, while others overturned these laws. Although not the original reason behind juvenile curfew enactment, several studies have found that …


Legislative Intent: The Convention On The Rights Of The Child: Is Thailand To Blame?, Jamie Collins Jan 2015

Legislative Intent: The Convention On The Rights Of The Child: Is Thailand To Blame?, Jamie Collins

Children's Legal Rights Journal

No abstract provided.


"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik Jan 2015

"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik

Faculty Scholarship

Legal models of adolescent autonomy and responsibility in various domains of law span a spectrum from categorical prohibitions of certain behaviors to recognitions of total adolescent autonomy. The piecemeal approach to the limited decision-making capacity of adolescents lacks an empirical foundation in the differences between adolescent and adult decision-making, leading to counterintuitive and inconsistent legal outcomes. The law limits adolescent autonomy with respect to some decisions that adolescents are perfectly competent to make, and in other areas, the law attributes adult responsibility and imposes adult punishments on adolescents for making decisions that implicate their unique volitional vulnerabilities. As developmental neuroscientists …


Youth Charged As Adults: The Use And Outcomes Of Transfer In Baltimore City, Jason R. Tashea, Al Passarella Jan 2015

Youth Charged As Adults: The Use And Outcomes Of Transfer In Baltimore City, Jason R. Tashea, Al Passarella

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Teen Pregnancy In Charter Schools: Pregnancy Discrimination Challenges Under The Equal Protection Clause And Title Ix, Kaylee Niemasik Jan 2015

Teen Pregnancy In Charter Schools: Pregnancy Discrimination Challenges Under The Equal Protection Clause And Title Ix, Kaylee Niemasik

Michigan Journal of Gender & Law

Until three years ago, a policy at Delhi Charter School in Louisiana required that any pregnant student be effectively expelled. A pregnant sixteen-year-old student’s expulsion caught the attention of national media in 2012. The ACLU sued and the school quickly rescinded the policy. Although the policy was revoked, the un-adjudicated nature of the resolution leaves teen girls at the school and nationwide without any final court order to protect them against the (re)enactment of similar discriminatory policies. This Article analyzes the Delhi Charter School policy in order to make three related arguments. First, the Court should adopt a rebuttable presumption …


Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles Jan 2015

Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles

Michigan Journal of Gender & Law

Recent scholarship and media attention has focused on the prevalence of sexually harassing behavior directed at working teenagers, and the emergence of sexual harassment lawsuits by these minors against their employers. Although many of the legal issues concerning workplace sexual harassment and adult workers (and the various state and federal jurisprudence prohibiting it) have been widely discussed, there is surprisingly little discourse, research, and precedent addressing the problem of workplace sexual harassment and teen workers. Currently, most sexual harassment cases brought by adolescent workers are litigated using the doctrinal framework for adult workers. Only the Seventh Circuit has developed an …


Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba Jan 2015

Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba

Children's Legal Rights Journal

No abstract provided.


The Icwa’S Pre-Existing Custody Requirement: A Flexible Approach To Better Protect The Interests Of Indian Fathers, Children, And Tribes, Jeffrey A. Parness, Amanda Beveroth Jan 2015

The Icwa’S Pre-Existing Custody Requirement: A Flexible Approach To Better Protect The Interests Of Indian Fathers, Children, And Tribes, Jeffrey A. Parness, Amanda Beveroth

Children's Legal Rights Journal

No abstract provided.


Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan Jan 2015

Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan

Children's Legal Rights Journal

No abstract provided.


Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen Jan 2015

Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen

Children's Legal Rights Journal

No abstract provided.


Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn Jan 2015

Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn

Children's Legal Rights Journal

No abstract provided.


In The Courts: Sentencing Juvenile Offenders, Hsin-Hisn Lee Jan 2015

In The Courts: Sentencing Juvenile Offenders, Hsin-Hisn Lee

Children's Legal Rights Journal

No abstract provided.


Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder Jan 2015

Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder

Children's Legal Rights Journal

No abstract provided.


The Double-Edged Sword Of Justice: The Need For Prosecutors To Take Care Of Child Victims, Alexandra Emily Bochte Jan 2015

The Double-Edged Sword Of Justice: The Need For Prosecutors To Take Care Of Child Victims, Alexandra Emily Bochte

Children's Legal Rights Journal

No abstract provided.


Opposing Viewpoints: The Sixth Amendment And Child Witnesses, Sarah Kroll Jan 2015

Opposing Viewpoints: The Sixth Amendment And Child Witnesses, Sarah Kroll

Children's Legal Rights Journal

No abstract provided.


Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana Jan 2015

Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Scholarly Articles

Many scholars have called for the acknowledgement and treatment of children's rights as constitutionally protected and enforceable, and Supreme Court precedent establishes that the government may not punish children for matters beyond children's control. Same-sex marriage bans and non-recognition laws, which are collectively referred to as marriage bans, impose prohibited punishment on children for being born into, or parented by, same-sex families. States argue that marriage is the optimal familial environment for children, yet marriage bans categorically exclude an entire class of children -- children in same-sex families -- from the legal, economic, and social benefits of marriage. In response …


Recent Development: In Re Tyrell A.: Trial Courts Generally May Not Order Restitution To An Individual Whose Voluntary Participation In A Crime Or Delinquent Act Results In Injury, Andrew Middleman Jan 2015

Recent Development: In Re Tyrell A.: Trial Courts Generally May Not Order Restitution To An Individual Whose Voluntary Participation In A Crime Or Delinquent Act Results In Injury, Andrew Middleman

University of Baltimore Law Forum

The Court of Appeals of Maryland held that Sections 11-601(j) and 11- 603(a) of the Maryland Code, Criminal Procedure Article, do not authorize trial courts to order restitution to an individual who suffers an injury while voluntarily participating in a crime or delinquent act, “absent exceptional circumstances.” In re Tyrell A., 442 Md. 354, 383, 112 A.3d 468, 485 (2015). Accordingly, the court of appeals vacated a juvenile court’s restitution order to an individual who suffered nasal injuries while participating in the common law offense of affray.


Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado Jan 2015

Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado

Criminal Law Practitioner

No abstract provided.


An Eighth Amendment Analysis Of Statutes Allowing Or Mandating Transfer Of Juvenile Offenders To Adult Criminal Court In Light Of The Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience, Katherine I. Puzone Jan 2015

An Eighth Amendment Analysis Of Statutes Allowing Or Mandating Transfer Of Juvenile Offenders To Adult Criminal Court In Light Of The Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience, Katherine I. Puzone

Faculty Scholarship

No abstract provided.


The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum Jan 2015

The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …


Juvenile Sentencing Post-Miller: Preventive And Corrective Measures, Cara H. Drinan Jan 2015

Juvenile Sentencing Post-Miller: Preventive And Corrective Measures, Cara H. Drinan

Scholarly Articles

At the end of the twentieth century, the United States was an international outlier in the severity of its juvenile sentencing practices despite having invented the juvenile court model one century earlier. Today, juvenile sentencing reform is underway, particularly in the wake of recent Supreme Court decisions that have cabined the states’ capacity to impose extreme sentences on juveniles. In this Article, I propose two additional reform measures that would help to rationalize the sentences imposed on children in the American criminal justice system—one on the front end of the system and one on the back end. In particular, on …


Against Professing: Practicing Critical Criminal Procedure, Mae Quinn Jan 2015

Against Professing: Practicing Critical Criminal Procedure, Mae Quinn

Journal Articles

No abstract provided.


(Re-)Grasping The Opportunity Interest: Lehr V. Robertson And The Terminated Parent, Lashanda Taylor Adams Jan 2015

(Re-)Grasping The Opportunity Interest: Lehr V. Robertson And The Terminated Parent, Lashanda Taylor Adams

Journal Articles

In 1997, an Ohio court terminated Peggy Fugate’s parental rights to her sixyear-old daughter, Selina. At the time, Ms. Fugate, an incarcerated drug abuser, did not fight the order, believing her daughter would be adopted into a clean, stable home.1 However, Selina was never adopted. For the next seven years, Selina had trouble with the police and ran away from her foster home numerous times. While Selina’s life was going downhill in many respects, her mother was rehabilitating. She entered recovery, married, obtained full-time employment and was living in stable housing with enough room for her daughter. Recognizing the strides …


Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones Jan 2015

Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay challenges the conventional wisdom that prohibitions against government-condoned child-sex slavery have attained non- derogable, peremptory status under international law. Much to the utter shock of field investigators and human rights experts, boy sex slavery has evolved into a constitutive and central feature of the Islamic Republic of Afghanistan (Afghanistan) because of a customary practice commonly referred to as bacha bazi.


The Supreme Court And The Rehabilitative Ideal, Chad Flanders Jan 2015

The Supreme Court And The Rehabilitative Ideal, Chad Flanders

Georgia Law Review

Graham v. Florida was a watershed decision, not least because of the centrality of the "rehabilitative ideal" to its holding that life in prison for juveniles convicted of nonhomicide crimes was cruel and unusual. The Court's emphasis on rehabilitation was surprising both because rehabilitation was barely included as a 'purpose of punishment" in prior decisions of the Court, but also in terms of the history of academic and legislative skepticism toward rehabilitation. Courts and commentators have struggled to make sense of both the meaning and the scope of Graham's rehabilitative holding. This Article places Graham in the context of the …


But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson Jan 2015

But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson

Seattle Journal for Social Justice

No abstract provided.


Children's Health In A Legal Framework, Elizabeth S. Scott, Clare Huntington Jan 2015

Children's Health In A Legal Framework, Elizabeth S. Scott, Clare Huntington

Faculty Scholarship

The interdisciplinary periodical Future of Children has dedicated an issue to children’s health policy. This contribution to the issue maps the legal landscape influencing policy choices. The authors demonstrate that in the U.S. legal system, parents have robust rights, grounded in the Constitution, to make decisions concerning their children’s health and medical treatment. Following from its commitment to parental rights, the system typically assumes the interests of parents and children are aligned, even when that assumption seems questionable. Thus, for example, parents who would limit their children’s access to health care on the basis of the parents’ religious belief have …