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

Juvenile Law Commons™

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

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2701 - 2730 of 3286

Full-Text Articles in Juvenile Law

The Child's Right To An Open Future: Yoder And Beyond, Dena S. Davis Jan 1997

The Child's Right To An Open Future: Yoder And Beyond, Dena S. Davis

Law Faculty Articles and Essays

Every time I teach a class on church and state, I am reminded again of how much we owe to the religious minorities in our midst. If it were not for Amish, Quakers, Jews, Santerians and especially Jehovah's Witnesses, what an impoverished understanding we would have, not only of the religion clauses of the First Amendment, but also of the Free Speech Clause. The original parents in Wisconsin v. Yoder are now grandparents, and their children, with or without the benefit of a high school education, have grown to adulthood and probably have children of their own. But 25 years …

Go to article

The Hague Convention On The Civil Aspects Of International Child Abduction: Commencing A Proceeding In New York For The Return Of A Child Abducted From A Foreign Nation, Custody, Background And Purpose Of The Hague Convention,, Stephanie Vullo Jan 1997

The Hague Convention On The Civil Aspects Of International Child Abduction: Commencing A Proceeding In New York For The Return Of A Child Abducted From A Foreign Nation, Custody, Background And Purpose Of The Hague Convention,, Stephanie Vullo

Touro Law Review

No abstract provided.

Go to article

The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson Jan 1997

The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson

University of Richmond Law Review

Before allowing a child who has alleged that he or she has been abused to testify at trial, a judge must be satisfied that the child is competent. In other words, the judge must find that the child has the ability to "observe, record, recollect and recount as well as an understanding of the duty to tell the truth." Determining whether children with certain developmental disorders are competent to testify has recently presented the courts with some difficult issues, as evidenced by a recent case in which the Supreme Court of Kansas upheld a conviction based primarily on the apparent …

Go to article

Austin Owen Lecture: Reassessment Should Not Lead To Wholesale Rejection Of The Juvenile Justice System, Lawrence L. Koontz Jr. Jan 1997

Austin Owen Lecture: Reassessment Should Not Lead To Wholesale Rejection Of The Juvenile Justice System, Lawrence L. Koontz Jr.

University of Richmond Law Review

While coming into the twenty-first century will be a new experience for all of us, we should be conscious of the intersections of the past, present, and future as we near the year 2000.

Go to article

Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem Jan 1997

Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Go to article

An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia Jan 1997

An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia

Articles

Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …

Go to article

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso Jan 1997

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

The legal response to juvenile crime is undergoing revolutionary change, and its ultimate shape is uncertain. The traditional juvenile court, grounded in optimism about the potential for rehabilitation of young offenders, has long been the target of criticism, and even its defenders have been forced to acknowledge that it has failed to meet its objectives. Beginning in the late 1960s, when the Supreme Court introduced procedural regularity to delinquency proceedings in In re Gault, courts and legislatures began to slowly chip away at the foundations of the juvenile justice system. Recent developments have accelerated and intensified that process, as …

Go to article

Reflections On The Juvenile Death Penalty: Contravention Of Precedent And Public Opinion, Kim A. Lechner Sep 1996

Reflections On The Juvenile Death Penalty: Contravention Of Precedent And Public Opinion, Kim A. Lechner

In the Public Interest

No abstract provided.

Go to article

One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika Jul 1996

One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika

Law Faculty Articles and Essays

This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.

Go to article

A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk Jun 1996

A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk

University of Michigan Journal of Law Reform

Recent studies by the U.S. Department of Justice have found that, while adult violent crime rates continue to drop, today's juvenile offenders are the fastest growing segment among violent criminals. The unprecedented increase in juvenile criminality is expected to result in a dramatic increase in the overall rate of violent crime as these juveniles approach majority. Funk argues that most states have not adapted to the troubling reality that the juvenile offenders of today are not the hubcap-stealing youths of days gone by, and that chronic adult criminality is predicated on violent and repeated acts of juvenile delinquency. These jurisdictions …

Go to article

Guardians: A Research Note, Chris Guthrie, Lawrence M. Friedman, Joanna L. Grossman Apr 1996

Guardians: A Research Note, Chris Guthrie, Lawrence M. Friedman, Joanna L. Grossman

Vanderbilt Law School Faculty Publications

Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while dividing the world into those who are, and those who are not, sui juris-that is, fully capable of acting on their own. The boundaries between these two domains can be quite indistinct. Defining who is insane or incompetent can be especially problematic because these categories are socially and culturally variable. Most people committed in 1900, for example, would hardly be considered insane today; they …

Go to article

Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins Mar 1996

Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins

Washington and Lee Law Review

No abstract provided.

Go to article

Conflicts Of Interests In The Representation Of Children, Nancy J. Moore Mar 1996

Conflicts Of Interests In The Representation Of Children, Nancy J. Moore

Faculty Scholarship

Conflicts of interests arise whenever the representation of a client may be materially limited by the lawyer's duties to either another client or a third person or by the interests of the lawyer herself.' Analyzing such conflicts typically requires identifying situations involving a potentially impermissible conflict, determining whether the conflict is consentable, and, if it is, obtaining consent after full disclosure.2 Conflicts analysis is difficult enough when the client is an adult.3 When the client is a child, however, the analysis is complicated by a number of factors. For example, in the wide variety of cases in which children (or …

Go to article

Similar Fact Evidence Of Child Sexual Abuse In English, United States, And Florida Law: A Comparative Study, Peter Mirfield Jan 1996

Similar Fact Evidence Of Child Sexual Abuse In English, United States, And Florida Law: A Comparative Study, Peter Mirfield

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Go to article

Disclosing The Identities Of Juvenile Felons: Introducing Accountability To Juvenile Justice, Arthur R. Blum Jan 1996

Disclosing The Identities Of Juvenile Felons: Introducing Accountability To Juvenile Justice, Arthur R. Blum

Loyola University Chicago Law Journal

No abstract provided.

Go to article

The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman Jan 1996

The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman

UIC John Marshall Journal of Information Technology & Privacy Law

This article addressed the constitutionality of the Child Pornography Prevention Act of 1995 (Hatch Bill) in regard to computer-generated child pornography. The Bill outlaws a visual depiction that is or appears to be of a minor engaging in sexually explicit conduct. The author claims the comments of David B. Johnson and John C. Scheller regarding the constitutionality of the Bill are analytically flawed because they focus on dicta from New York v. Ferber and Osborne v. Ohio. The author then engages in his own assessment of the Bill using a First Amendment approach and suggests what findings Congress should make …

Go to article

Making A Difference: The Attorney's Role As Child Advocate, Anne M. Burke Justice Jan 1996

Making A Difference: The Attorney's Role As Child Advocate, Anne M. Burke Justice

Loyola University Chicago Law Journal

No abstract provided.

Go to article

The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle Jan 1996

The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis Jan 1996

Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis

UIC Law Review

No abstract provided.

Go to article

God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer Jan 1996

God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer

UIC Law Review

No abstract provided.

Go to article

Killer Party: Proposing Civil Liability For Social Hosts Who Serve Alcohol To Minors, 30 J. Marshall L. Rev. 245 (1996), Matthew C. Houchens Jan 1996

Killer Party: Proposing Civil Liability For Social Hosts Who Serve Alcohol To Minors, 30 J. Marshall L. Rev. 245 (1996), Matthew C. Houchens

UIC Law Review

No abstract provided.

Go to article

Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz Jan 1996

Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz

Michigan Journal of Gender & Law

Part I of this Article will discuss some of the legal difficulties associated with co-parenting and why lesbian couples have sought second-parent adoptions. Part II will examine the particular statutory obstacles to second-parent adoptions and then analyze the various ways courts in several states have overcome these obstacles. Finally, Part III will discuss the implications of these decisions in terms of their creation of legal and social norms.

Go to article

Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field Jan 1996

Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field

Michigan Journal of Gender & Law

At issue is custody of three-and-a-half-year-old Maranda (date of birth: April 22, 1991). The trial court found that Maranda had an established custodial environment with her mother, Jennifer Ireland, but then nominally ordered custody changed to Steven Smith. The court's order changing custody was based on a determination that day care is an inappropriate choice for care of a preschool child, and that no one effectively can be a single parent and a student at the same time. Those findings have no factual basis in the record, no legal basis under Michigan law, and no logical or even common sense …

Go to article

The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi Jan 1996

The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi

Seattle University Law Review

Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …

Go to article

Washington's Becca Bill: The Costs Of Empowering Parents, Alison G. Ivey Jan 1996

Washington's Becca Bill: The Costs Of Empowering Parents, Alison G. Ivey

Seattle University Law Review

This Comment gives a practical overview of the Becca Bill and its provisions and addresses the potentially dangerous ramifications of the bill. Part II of this Comment gives a brief history of the trends in juvenile justice in this country, establishing a context for what led to the Becca Bill's passage. Part III of this Comment gives a brief history of Washington's statutes dealing with status offenders. This section then outlines the key portions of the Becca Bill, focusing primarily on the “lockup” provision and new petitions available to parents in order to obtain court intervention into the lives of …

Go to article

Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella Jan 1996

Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella

UIC Law Review

No abstract provided.

Go to article

Standards Of Appellate Review For Denial Of Counsel And Ineffective Assistance Of Counsel In Child Protection And Parental Severance Cases, William Wesley Patton Jan 1996

Standards Of Appellate Review For Denial Of Counsel And Ineffective Assistance Of Counsel In Child Protection And Parental Severance Cases, William Wesley Patton

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos Jan 1996

Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac Jan 1996

Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac

Law Faculty Articles and Essays

First, this Essay demonstrates that, because the "best interests" standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves.

Go to article

Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison Jan 1996

Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison

Faculty Scholarship

No abstract provided.

Go to article

First Prev Next Last