Juvenile Law Commons^™

Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler

UIC Law Open Access Faculty Scholarship

Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …

The Baby Richard Amendments And The Law Of Unintended Consequences, 22 Child. Legal Rts. J. 2 (2002), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Indecency Of Unsolicited Sexually Explicit Email: A Comment On The Protection Of Free Speech V. The Protection Of Children, Monique Redford

Seattle University Law Review

Because the state of Washington has a compelling interest in protecting the moral and psychological welfare of its children, the current spam law should be amended to also proscribe the transmission of unsolicited sexually explicit commercial email within its borders. This article argues that such an amendment would not violate either the dormant Commerce Clause or the First Amendment. In support of this thesis, section II first addresses the pervasive problem of children-not just adults-receiving sexually explicit material via unsolicited email. Then, sections III through V discuss the implications of the dormant Commerce Clause, the First Amendment, and the policy …

Pathways To Juvenile Detention Reform: Reducing Racial Disparities In Juvenile Detention, Brenda V. Smith, Eleanor Hinton Hoytt, Vincent Schiraldi, Jason Ziedenberg

Research Reports & White Papers

Many years ago, Jim Casey, a founder and long-time CEO of the United Parcel Service, observed that his least prepared and least effective employees were those unfortunate individuals who, for various reasons, had spent much of their youth in institutions or who had been passed through multiple foster care placements. When his success in business enabled him and his siblings to establish a philanthropy (named in honor of their mother, Annie E. Casey), Mr. Casey focused his charitable work on improving the circumstances of disadvantaged children, in particular by increasing their chances of being raised in stable, nurturing family settings. …

The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson

UIC Law Review

No abstract provided.

Illinois' Weakened Attempt To Prevent False Confessions By Juveniles: The Requirement Of Counsel For The Interrogations Of Some Juveniles, Jennifer J. Walters

Loyola University Chicago Law Journal

No abstract provided.

Book Review, Dena S. Davis

Law Faculty Articles and Essays

This is a review of Women and Jewish Law: The Essential Texts, Their History, and Their Relevance for Today by Rachel Biale (1995). It is a minor miracle. It is readable and free of unnecessary jargon, and accessible to the educated reader who has only some introduction to the nature of Jewish law (Halakhah). At the same time, it is serious and scholarly and would work very well as a text for a graduate seminar on Jewish law, women and law, or religion and law. The author celebrates the increasing power and visibility of women in all denominations of Judaism, …

So Young And So Untender: Remorseless Children And The Expectations Of The Law, Martha Grace Duncan

Faculty Articles

A nine-year-old speaks with apparent callousness as he walks by the body of the girl he has killed. A fourteen-year-old jokes about "body parts in her pocket" after bashing in her mother's head with a candlestick holder. And a fifteen-year-old laughingly names his accomplice ''Homicide" after participating in a robbery that culminated in the victim's death. Seemingly remorseless acts such as these can have a crucial impact on the way a child or adolescent fares in the juvenile justice or criminal system. Yet, when one looks closely at what the courts interpret as indicators of remorselessness -- ­taking into account …

Juvenile Justice Systems: A Need For Improved Research And Treatment, Tenethrea Thompson, Jean Turner

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

The characteristics of juveniles who commit crimes and a variety of treatment philosophies for juvenile offenders were examined through literature and individual case studies. The literature review and three case studies provided insight into the difficult challenge of providing effective treatment programs for juvenile offenders.

The Fiction Of Juvenile Right To Counsel: Waiver In Juvenile Courts, Mary E. Berkheiser

Scholarly Works

Although a number of juvenile justice advocates and scholars have decried the prevalence of juvenile waiver of right to counsel, no one has undertaken a comprehensive study of the problem. This Article attempts to fill that gap. The Article begins with a review of the historical context in which juvenile right to counsel arose and proceeds to a discussion of the landmark In re Gault decision and the due process underpinnings of juvenile right to counsel. The Article then chronicles the long-standing practice of permitting juveniles to waive their right to counsel and shows that the vast majority of nearly …

“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin

Scholarly Works

In this essay, the authors seek to dispel the myth that the juvenile court was never intended to deal with serious and violent offenders; a myth that has largely been unchallenged, especially in the mainstream media, and one that critics of the juvenile court have used to undermine its legitimacy. The discovery of homicide data from the Chicago police department from the early twentieth century, the era in which modern juvenile justice came of age, provides us with new historical date with which to put this dangerous myth to rest, by showing that the nation’s model juvenile court—the Cook County …

Illinois Supreme Court To Solve Child Custody Issues, Lanetta Haynes

Public Interest Law Reporter

No abstract provided.

Adding Value To Families: The Potential Of Model Family Courts, Jane M. Spinak

Faculty Scholarship

The Harlem Community Justice Center (Justice Center) officially opened in July 2000 with all the fanfare of a major civic event. The Chief Judge of the State of New York, Judith Kaye, and the Mayor of the City of New York, Rudolph Guiliani, were keynote speakers, lauding the combined efforts of private administrators and public officials in reopening a deteriorating but magnificent 1892 court building in the center of Harlem. The ceremony began and ended with gospel sung by the Addicts Rehabilitation Center Choir, a musical reflection of one component of the Justice Center's jurisdiction. The new Juvenile Intervention Court …

War And The Problem Of Child Soldiers, Meng Yoong Yong

Student Works (2000-2009)

Askar kanak-kanak mernpakan satu fenomena yang jarang didebatkan di Malaysia. fetapi di banyak negara dunia ketiga ia mernpakan satu perkara biasa. Yang dikatakan askar anak-kanak adalah pejuang yang bernmur Japan belas tahun ke bawah. Apa yang menakjubkan alah seramai 300,000 kanak-kanak di sebanyak 60 buah negara melibatkan diri secara aktif di ialam konflik dan peperangan. Di Afrika sahaja terdapat lebih kurang 120,000. Jika dahulu canak-kanak ditugaskan dalam sektor sokongan dan logistik seperti tukang masak, pengangkut )arangan, penghantar mesej dan pengintip, kini oleh kerana teknologi pesat dalam bidang Jersenjataan, kanak-kanak ditugaskan di barisan hadapan bersama pejuang dewasa yang lain. Kanak-kanak perempuan …

This Will Hurt Me More Than It Hurts You: Social And Legal Consequences Of Criminalizing Delinquency, Jeffrey Fagan

Faculty Scholarship

What happens to adolescents once placed in the criminal justice system and the potential violations of human rights that ensue is the focus of this essay. The pace of change, the severity of the new laws, the potential for unintended negative outcomes, and the empirical reality of adult punishment of juvenile offenders creates new urgency to these questions. Unfortunately, there has been little analysis of the comparative effects of statutes and administrative laws that relocate juvenile offenders to the adult court, and there has been virtually no research on the efficacy, impact and consequences of sentencing juveniles as adults. There …

Policing Guns And Youth Violence, Jeffrey A. Fagan

Faculty Scholarship

To combat the epidemic of youth gun violence in the 1980s and 1990s, law enforcement agencies across the United States adopted a variety of innovative strategies. This article presents case studies of eight cities' efforts to police gun crime. Some cities emphasized police-citizen partnerships to address youth violence, whereas others focused on aggressive enforcement against youth suspected of even minor criminal activity. Still others attempted to change youth behavior through "soft" strategies built on alternatives to arrest. Finally, some cities used a combination of approaches. Key findings discussed in this article include:

• Law enforcement agencies that emphasized police-citizen cooperation benefited …

The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman

Articles

The adjudication of child abuse claims poses an excruciatingly difficult conundrum. The crime is a terrible one, but false convictions are abhorrent. Often the evidence does not support a finding of guilt or innocence with sufficient clarity to allow a decision free of gnawing doubt. In many cases, a large part of the problem is that the prosecution's case depends critically on the statement or testimony of a young child. Even with respect to adult witnesses, the law of hearsay and confrontation is very perplexing, as anyone who has studied American evidentiary law and read Supreme Court opinions on the …

Measured Interpretation: Introducing The Method Of Correspondence Analysis To Legal Studies, Bernard E. Harcourt

Faculty Scholarship

Professor Harcourt develops and advocates a method to more rigorously measure and evaluate how qualitative “social meaning” variables relate to legal practices and public policies. The method integrates in-depth qualitative interviews with an experimental free associational component, map analysis of the interviews, and a methodology, correspondence analysis, that remains little known in the United States despite its acceptance in other parts of the world. Correspondence analysis, according to Professor Harcourt, is a tool that allows researchers to visually represent the relationship between structures of social meaning and the contexts and practices within which they are embedded. This method opens up …

Rethink The Laws Relating To Fathers (Change: With The Decline In Married Mothers And Traditional Families, The Legal Image Of Dads Needs Re-Examination), Jane C. Murphy

All Faculty Scholarship

This "marital presumption" permitted courts to assume a set of biological facts in the name of preserving the sanctity and stability of what was assumed to be the cornerstone of a healthy society — the traditional family of husband, wife and children. In the last decades of the 20th century, science developed paternity testing with results approaching certainty. Despite the availability of DNA testing, the marital presumption is still used in many courtrooms to answer the question of who is the legal father. What one scholar has called "the law's struggle to preserve the fiction of an older moral order" …

Toward Fundamental Fairness In The Kangaroo Courtroom: The Due Process Case Against Statutes Presumptively Closing Juvenile Proceedings, Stephen E. Oestreicher Jr.

Vanderbilt Law Review

Today's juvenile courtroom functions quite differently than did its 1899 Chicago ancestor. During every decade since the 1960s, the juvenile court system has undergone a number of fundamental, structural changes. The most recent of these "mega change[s]" came during the 1990s, when a number of states abandoned their existing presumptive closure statutes and mandated that juvenile delinquency proceedings be held in the open for the press and the public to see.

The policy reviews of this development have been mixed. Some commentators criticize the recent trend, asserting that open proceedings enervate the juvenile system's ultimate goal of rehabilitating wayward youths. …

Pinocchio In Littleton, William A. Kell

University of Michigan Journal of Law Reform

In this Article, Professor Kell proposes a substantial change in policy direction in the wake of school shootings and other tragedies involving young people's abilities to make mature decisions. First, the Article questions the current state of the law which exclusively deems young people to be mature based on "birthdays and bad acts, " rather than on any concept of demonstrated or earned levels of responsibility. Next, an alternative legal framework is envisioned recognizing young people as increasingly competent citizens who must develop psychosocial maturity, including learning how to judge and utilize advice from others such as parents and peers, …

Florida's Foster Care System Fails Its Children, Timothy L. Arcaro

Faculty Scholarship

This article will attempt to draw attention to the pervasive problem of child sexual abuse in foster care by identifying circumstances that contribute to sexual victimization. Hopefully the discussion will illuminate the plight of child victims of sexual abuse and generate discourse on a new paradigm of protection initiatives for foster children. Part I of the article will explain child protection proceedings and how children enter the foster care system. Part II will describe common characteristics of state foster care systems. Part III will discuss traditional notions of child sexual abuse and their illusory application in the context of sexual …

School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis

Brigham Young University Education and Law Journal

No abstract provided.

The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair

Michigan Journal of International Law

This article examines the extent to which international law has and will potentially influence the direction of the reform and implementation of adoption disclosure norms. Though it does not yet appear that international law mandates recognition of an absolute right to identifying information when such disclosure is opposed by a birth parent or adoptee, examination of these conventions and the response of the international community underscores the critical importance of identifying information to many adoptees, and a growing movement to afford primacy to their interests.

Policy Considerations In Determining The Habitual Residence Of A Child And The Relevance Of Context, Rhona Schuz

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Barbie Banished From The Small Screen: The Proposed European Ban On Children's Television Advertising, Janice H. Kang

Northwestern Journal of International Law & Business

This Comment first presents a brief history of European policy governing children's television advertising in Europe and lists the current regula-tions in the various EU member states, ranging from Britain's deferential guidelines to Sweden's draconian stance. The next two sections examine arguments both for and against the ban. Impassioned consumer advocates decry television advertising to children as preying upon young impressionable minds; indignant industry groups marshal arguments such as the increasing sophistication of children and the freedom of commercial speech. Finally, after forecasting a doubtful future for the proposed absolute ban on children's television across Europe, this Comment concludes that …

Harvest Of Danger: The Child Farmworker In The United States , Teresa Young Reeves

Human Rights Brief

No abstract provided.

Minors In Haiti's Prisons , Ismene Zarifis

Human Rights Brief

No abstract provided.

The Optional Protocols To The Un Convention On The Rights Of The Child On Sex Trafficking And Child Soldiers, Cris R. Revaz

Human Rights Brief

No abstract provided.

Guatemala: Children's Rights Case Wins Judgment At Iachr, Ismene Zarifis

Human Rights Brief

No abstract provided.