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Full-Text Articles in Juvenile Law

Decisional Dignity: Teenage Abortion, Bypass Hearings, And The Misuse Of Law, Carol Sanger Jan 2009

Decisional Dignity: Teenage Abortion, Bypass Hearings, And The Misuse Of Law, Carol Sanger

Faculty Scholarship

How might we think about reforming abortion regulation in a world in which the basic legality of abortion may, as a matter of constitutional law, at last be relatively secure? I have in mind the era just upon us in which the overturn of Roe v. Wadeno longer looms so threateningly over the reproductive rights community in the United States and is no longer necessarily its central concern. There is now a general and seemingly well-founded optimism that under the Obama administration, those who support and rely on reproductive rights will not have to pray nightly for the health …


Judicial Oversight Over The Interstate Placement Of Foster Children: The Missing Element In Current Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran Jan 2009

Judicial Oversight Over The Interstate Placement Of Foster Children: The Missing Element In Current Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran

Articles

This article argues that current efforts to reform the Compact are flawed because they lack an essential element: judicial oversight of agency decision-making. The first section explores the important role that juvenile court judges play in making placement decisions for foster children. Next, an examination of the current problems in the interstate placement process demonstrates the vital need for judicial oversight of the system. Finally, a specific proposal is put forth on how best to incorporate judicial oversight without interfering with the sovereignty of states.


Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Mary Eschelbach Hansen, Joshua Gupta-Kagan Jan 2009

Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Mary Eschelbach Hansen, Joshua Gupta-Kagan

Faculty Scholarship

This article begins with the context: despite increases in the number of adoptions from foster care achieved in the 1990s, tens of thousands of children remain in foster care awaiting adoption or permanent guardianship. The following section provides background on subsidy law and policy. The section describes the recent history of federal and state subsidies for parents who adopt children from the state foster care systems; the section describes state subsidies for caregivers who become legal permanent guardians of children in the state child welfare systems, and the section describes the disparities between adoption and guardianship subsidies and the subsidies …


Protecting A Parent's Right To Counsel In Child Welfare Cases, Vivek Sankaran Jan 2009

Protecting A Parent's Right To Counsel In Child Welfare Cases, Vivek Sankaran

Articles

A national consensus is emerging that zealous leagal representation for parents is crucial to ensure that the child welfare system produces just outcomes for children. Parents' lawyers protect important constitutional rights, prevent the unnecessary entry of children into foster care and guide parents through a complex system.


Violence Attribution Errors Among Low-Risk And High-Risk Offenders, Vicki Waytowich Jan 2009

Violence Attribution Errors Among Low-Risk And High-Risk Offenders, Vicki Waytowich

UNF Graduate Theses and Dissertations

Juvenile offenders have numerous factors that contribute to their delinquency, including family dysfunction, drug and alcohol abuse, negative peer influences, and social cognitive development. One area of social cognitive development linked to deviant behavior is attributional biases. Based on the prior research of Daley and Onwuegbuzie (2004), the purpose of the present concurrent mixed methods study was to explore the differences in the frequency of violence attribution errors among juvenile delinquents; the extent that peer-victimization, self-esteem, and demographic variables predict violence attribution errors among juveniles; and the differences in the types of violence attribution errors between incarcerated (high-risk) and probation …


The Upc Addresses The Class-Gift And Intestacy Rights Of Children Of Assisted Reproduction Technologies, Lawrence W. Waggoner, Sheldon F. Kurtz Jan 2009

The Upc Addresses The Class-Gift And Intestacy Rights Of Children Of Assisted Reproduction Technologies, Lawrence W. Waggoner, Sheldon F. Kurtz

Articles

Editor's Synopsis: Recent years' advances in assisted reproduction technology have enabled the conception of children in ways in addition to the traditional way. The Uniform Probate Code was amended last year to address the status of children born from assisted reproductive technologies for intestacy and class-gift purposes. This article discusses the relevant UPC provisions and offers several hypothetical cases to show how they operate. The article concludes expressing the hope that states will consider the new UPC approach.


When Child Protective Services Comes Knocking, Vivek Sankaran Jan 2009

When Child Protective Services Comes Knocking, Vivek Sankaran

Articles

A child protective services (CPS) worker knocks on the door of your client, a 36-year-old mother involved in a contentious child custody case. The worker reveals only that she received an anonymous phone call alleging that your client physically abused her son and now she must investigate those allegations under state law. The worker demands to enter the house, interview the children, and inspect the premises. She threatens that a lack of cooperation may result in the filing of a court petition and the possible removal of the child. Your panicked client calls with a plethora of questions: Can CPS …


What’S Wrong With Victims’ Rights In Juvenile Court?: Retributive V. Rehabilitative Systems Of Justice, Kristin N. Henning Jan 2009

What’S Wrong With Victims’ Rights In Juvenile Court?: Retributive V. Rehabilitative Systems Of Justice, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

While scholars have written extensively about the victims’ rights movement in capital and criminal cases, there has been very little discussion about the intersection of victims’ rights and the juvenile justice system. Statutes that allow victims to attend juvenile hearings and present oral and written impact statements have shifted the juvenile court’s priorities and altered the way judges think about young offenders. While judges were once primarily concerned with the best interests of the delinquent child, victims’ rights legislation now requires juvenile courts to balance the rehabilitative needs of the child with other competing interests such as accountability to the …


Boys, Masculinities And Juvenile Justice, Nancy E. Dowd Dec 2008

Boys, Masculinities And Juvenile Justice, Nancy E. Dowd

UF Law Faculty Publications

Culture and tradition are part of the macrosystem of ideas and beliefs that have a dramatic effect on children and families. One aspect of culture is gender beliefs, values and roles. Feminist analysis has explored the incorporation of gender in a wide range of structures, challenging gender bias and advocating reform of a range of laws, structural systems, and social practices. Masculinities analysis, an outgrowth of feminist analysis that focuses on men as gendered subjects, provides a perspective to consider those areas in which men are disproportionately present either in positions of power and privilege, or in positions of disadvantage. …


Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini Oct 2008

Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini

School of Law Faculty Publications and Presentations

No court has addressed the constitutional significance of sentencing juvenile murder accomplices who play a minimal role in the underlying killing to life in prison without parole. Indeed, no precedent makes clear whether it is cruel and unusual to impose that sentence on juvenile offenders convicted of first-degree murder pursuant to either the felony-murder doctrine or an accomplice theory of liability, notwithstanding their minimal involvement in the victim’s death. To investigate this unanswered question, Part I of this Article explores the imposition of life without parole sentences on juvenile non-killers convicted of murder via either the felony-murder doctrine or accomplice …


Lessons In Access To Justice: Racialized Youths In Ontario's Safe Schools, Janet E. Mosher Oct 2008

Lessons In Access To Justice: Racialized Youths In Ontario's Safe Schools, Janet E. Mosher

Osgoode Hall Law Journal

Access to justice is often equated with access to institutionalized dispute resolution processes, and the objective barriers that hinder such access-costs and delay most particularly-are commonly identified as the primary objects of reform efforts. In sharp contrast, when interviews and focus groups were conducted with racialized youths in Toronto regarding their experiences of access to justice in the context of school disciplinary matters, accounts of access to dispute resolution processes being impeded by costs and delay did not figure prominently. The interviews and focus groups revealed that many racialized youths scarcely ever considered accessing institutionalized dispute resolution processes largely because …


Young People On Remand, Mairéad Seymour, Michelle Butler Sep 2008

Young People On Remand, Mairéad Seymour, Michelle Butler

Reports

The aim of this study is to examine the services and supports required by young people to promote greater compliance with the conditions of bail and reduce the use of detention on remand. The research addresses three main areas: • to establish the service and support needs of young people by investigating the circumstances of their life circumstances; • to examine the specific services and supports required by young people and their families during the remand process, in the courtroom and in the period between adjournments; • to address the issues and barriers to delivering services and supports to young …


Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro Sep 2008

Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer Jul 2008

Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer

Faculty Publications

No abstract provided.


Brief Of Amici Curiae American Academy Of Pediatrics Et Al. In Support Of Neither Party, Federal Communications Commission V. Fox Television Stations, No. 07-582 (U.S. June 9, 2008), Angela J. Campbell, Coriell Wright Jun 2008

Brief Of Amici Curiae American Academy Of Pediatrics Et Al. In Support Of Neither Party, Federal Communications Commission V. Fox Television Stations, No. 07-582 (U.S. June 9, 2008), Angela J. Campbell, Coriell Wright

U.S. Supreme Court Briefs

No abstract provided.


Child Pornography's Forgotten Victims, Audrey Rogers Jun 2008

Child Pornography's Forgotten Victims, Audrey Rogers

Pace Law Review

No abstract provided.


Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense May 2008

Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense

Brigham Young University Journal of Public Law

No abstract provided.


Adolescents Under International Law: Autonomy As The Key To Reproductive Health, Aliya Haider Apr 2008

Adolescents Under International Law: Autonomy As The Key To Reproductive Health, Aliya Haider

William & Mary Journal of Race, Gender, and Social Justice

As a matter of policy, the reproductive and sexual health of adolescents matter because they comprise almost one half of the world's population. As a matter of international human rights law, adolescents have reproductive and sexual health rights. This article outlines how the international community must ensure adolescents' access to and exercise of those reproductive health rights. Governments must enable informed decision-making while also offering state protections for this vulnerable population. Without laws and policies that uphold adolescent health worldwide, future generations will needlessly suffer.


School Bullies—They Aren't Just Students: Examining School Interrogations And The Miranda Warning, Elizabeth A. Brandenburg Mar 2008

School Bullies—They Aren't Just Students: Examining School Interrogations And The Miranda Warning, Elizabeth A. Brandenburg

Mercer Law Review

In the first few weeks of working at the Macon Circuit Public Defender's Office in Macon, Georgia, I represented a juvenile client who was charged with possession of a weapon on school grounds. She was a fourteen-year-old public high school student accused of bringing a knife to school. She did not mean to bring the knife to school, having that morning switched purses, and when she realized the knife was in her bag, she did not know what to do. She did not get caught with the knife in a fight, nor were there ever allegations that she was involved …


The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead Mar 2008

The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead

Washington and Lee Law Review

No abstract provided.


Alternatives For Youth’S Advocacy Program:Reducing Minority Youth Incarceration Placements In Cleveland, Ohio, Christopher A. Mallett, Linda Julian Jan 2008

Alternatives For Youth’S Advocacy Program:Reducing Minority Youth Incarceration Placements In Cleveland, Ohio, Christopher A. Mallett, Linda Julian

Social Work Faculty Publications

Detaining and incarcerating juvenile delinquents is ineffective and costly juvenile justice policy. These placements, indicative of the “tough on crime” approach, become problematic for many of these youths who do not have the advantage of legal counsel because they waive this right. In addition, a majority of these youths have a mental health or special education disability that does not get addressed in correctional facilities. Alternatives for Youth's Advocacy Program (AFY) in Cleveland, Ohio (Cuyahoga County) is addressing these issues using a holistic approach that includes the provision of civil legal representation to assist youths in accessing disability services and …


Raising The Age For Juvenile Jurisdiction In Illinois: Medical Science, Adolescent Competency, And Cost, Richard F. Walsh Jan 2008

Raising The Age For Juvenile Jurisdiction In Illinois: Medical Science, Adolescent Competency, And Cost, Richard F. Walsh

Loyola University Chicago Law Journal

No abstract provided.


"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan Jan 2008

"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan

Campbell Law Review

This Comment explores victim-offender mediation and specifically the recidivism rates of the juveniles who participated in Campbell's Juvenile Justice Project (JJP). Part II gives a brief background on the different theories of justice and the move towards restorative justice. Part III explains how the JJP came to be and how it currently functions. Part IV outlines the methods used to determine the recidivism rates of the program. Part V displays the results of the study and illustrates the differences with charts. Part VI discusses the possible explanations for the differences in the recidivism rates. Part VII concludes with closing remarks …


Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall Jan 2008

Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall

UIC Law Review

No abstract provided.


What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore Jan 2008

What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore

UIC Law Review

No abstract provided.


Another Day In The Life Of The Juvenile Justice System: The Fight Againt The Abolishment Of The System, Antwaneisha Gray Jan 2008

Another Day In The Life Of The Juvenile Justice System: The Fight Againt The Abolishment Of The System, Antwaneisha Gray

Richmond Journal of Law and the Public Interest

This article seeks to evaluate that family focused approach of Florida. The first part of the article examines the history and evolution of the juvenile justice system. Part III, surveys the current method of transferring youthful offenders to adult courts and the criticisms of those methods. Lastly, the article considers the reasons that individuals advocate for the abolishment of the juvenile justice system and the family focused model.


A ‘Call To Arms:’ A Gender Sensitive Approach To The Plight Of Female Child Soldiers In International Law, Priya Pillai Jan 2008

A ‘Call To Arms:’ A Gender Sensitive Approach To The Plight Of Female Child Soldiers In International Law, Priya Pillai

Human Rights Brief

No abstract provided.


Prosecuting Children In Times Of Conflict: The West African Experience, David M. Crane Jan 2008

Prosecuting Children In Times Of Conflict: The West African Experience, David M. Crane

Human Rights Brief

No abstract provided.


Water Leadership And The Rights Of Youth To Sustainable Development, Elizabeth Burleson Jan 2008

Water Leadership And The Rights Of Youth To Sustainable Development, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Sloppy Joe, Slop, Sloppy Joe: How Usda Commodities Dumping Ruined The National School Lunch Program, J. Amy Dillard Jan 2008

Sloppy Joe, Slop, Sloppy Joe: How Usda Commodities Dumping Ruined The National School Lunch Program, J. Amy Dillard

All Faculty Scholarship

Just as the scales beneath the feet of our nation's children are reaching a tipping point, so too is the social movement of providing local, organic foods for America's schoolchildren. This is welcome news to Alice Waters and others who have long-promoted the health and lifestyle benefits of consuming whole, organic, locally grown and produced foods. Change is under way in many districts around the country; one of the most promising is the Berkeley Unified School District (BUSD), which has undergone a complete overhaul of its school lunch program under the leadership of the "Renegade Lunch Lady," Chef Ann Cooper. …