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Juvenile Law Commons

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Articles 2761 - 2790 of 3286

Full-Text Articles in Juvenile Law

The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis May 1995

The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis

Penn State International Law Review (1982 - 2011)

No abstract provided.


On The Duties And Rights Of Parents, Carl E. Schneider May 1995

On The Duties And Rights Of Parents, Carl E. Schneider

Articles

The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …


Serious And Habitual Juvenile Offender Statutes: Reconciling Punishment And Rehabilitation Within The Juvenile Justice System, Julianne P. Sheffer Mar 1995

Serious And Habitual Juvenile Offender Statutes: Reconciling Punishment And Rehabilitation Within The Juvenile Justice System, Julianne P. Sheffer

Vanderbilt Law Review

In early 1994, an American teenager was caned by Singapore authorities after his conviction for various acts of vandalism. This highly publicized punishment sparked sharp controversies in the United States. Amnesty International, along with many columnists, condemned Michael Fay's sentence as too harsh, given his youth and the non-violent nature of the crime.' The American public, by contrast, strongly supported the punishment. Apparently, many Americans felt that if tougher sanctions were imposed on youths who committed criminal acts in this country, our delinquency levels would more closely resemble Singapore's almost negligible offense rates. Given the widely held perception that America's …


Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight Jan 1995

Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight

UIC Law Review

No abstract provided.


Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez Jan 1995

Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez

UIC Law Review

No abstract provided.


Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance Jan 1995

Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance

UIC Law Review

No abstract provided.


School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland Jan 1995

School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland

UIC Law Review

No abstract provided.


Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim Jan 1995

Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim

UIC Law Review

No abstract provided.


A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray Jan 1995

A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray

UIC Law Review

No abstract provided.


Are The Children Of Illinois Protected From Sex Offenders, 28 J. Marshall L. Rev. 883 (1995), Matthew J. Herman Jan 1995

Are The Children Of Illinois Protected From Sex Offenders, 28 J. Marshall L. Rev. 883 (1995), Matthew J. Herman

UIC Law Review

No abstract provided.


Legal Responses To Teen Dating Violence, Stacy Brustin Jan 1995

Legal Responses To Teen Dating Violence, Stacy Brustin

Scholarly Articles

The problem of domestic violence is not limited to adult relationships. In fact, the number of teenagers involved in abusive and violent relationships is alarming. Research suggests that approximately one out of ten high school students experiences physical violence in a dating relationship.


Advancing The Rights Of Children And Adolescents To Be Altruistic: Bone Marrow Donation By Minors, Jennifer K. Robbennolt, Victoria Weisz, Craig M. Lawson Jan 1995

Advancing The Rights Of Children And Adolescents To Be Altruistic: Bone Marrow Donation By Minors, Jennifer K. Robbennolt, Victoria Weisz, Craig M. Lawson

Journal of Law and Health

This article examines the standards used for answering the question of whether minors should be allowed to donate bone marrow. Part II introduces the legal background and the standards currently used by courts. Part III explores the unsatisfactory nature of these standards. Part IV presents an empirical study that is intended to provide some help in understanding what might be a useful and respectful standard. Part V concludes the article with a discussion of two alternative revised standards grounded in the doctrines of substituted judgment and the best interests of the child.


Cruel & Unusual Punishment Jan 1995

Cruel & Unusual Punishment

Touro Law Review

No abstract provided.


Power Of Courts Jan 1995

Power Of Courts

Touro Law Review

No abstract provided.


But Do You Have To Tell My Parents - The Dilemma For Minors Seeking Hiv-Testing And Treatment, 27 J. Marshall L. Rev. 493 (1994), William Adams Jan 1995

But Do You Have To Tell My Parents - The Dilemma For Minors Seeking Hiv-Testing And Treatment, 27 J. Marshall L. Rev. 493 (1994), William Adams

UIC Law Review

No abstract provided.


The Juvenile Death Penalty: In The Best Interests Of The Child?, Suzanne D. Strater Jan 1995

The Juvenile Death Penalty: In The Best Interests Of The Child?, Suzanne D. Strater

Loyola University Chicago Law Journal

No abstract provided.


The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling Jan 1995

The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling

Cleveland State Law Review

This Note discusses the issue of childhood sexual abuse and challenges the appropriateness of Ohio's current statute of limitations for prosecuting a civil claim of childhood sexual abuse. Part II of this Note describes the problem of child sexual abuse in our society. Part III examines the short-and long-term effects of childhood sexual abuse, particularly memory repression. Part IV reviews the theory of recovered memories and the associated problems with reliability. Part V addresses Ohio's governing statute of limitations for civil claims of childhood sexual abuse. Part VI reviews the history of the discovery rule in Ohio and its application …


Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie Jan 1995

Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

This response to Justice Sondra Miller’s article will first discuss the competing interests and expectations of the parties to a relocation dispute, and briefly outline the national view or views. In fact, there is no national standard, or anything approaching a consensus among the states. The New York experience under the exceptional circumstances standard will then be analyzed and appraised. My conclusion is that the standard should be maintained, although I believe that the Court of Appeals should revisit the issue to clarify the factors and criteria relevant to a determination.


University Of Richmond Law Review Jan 1995

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


The Age Of Criminal Responsibility In An Era Of Violence: Has Great Britain Set A New International Standard?, Stephanie J. Millet Jan 1995

The Age Of Criminal Responsibility In An Era Of Violence: Has Great Britain Set A New International Standard?, Stephanie J. Millet

Vanderbilt Journal of Transnational Law

With the alarming rise of juvenile crime and violence during the past decade, policymakers across the international community have struggled to develop effective juvenile criminal justice systems apart from the existing systems tailored to adults. The wide variations in methods and philosophies utilized in different states indicate that there is no consensus on the proper treatment of young offenders. Using the recent Bulger case as a focus, this Note examines two competing paradigms of juvenile justice found within the British juvenile justice system, with particular emphasis on the age of criminal responsibility. After discussing recent developments in Great Britain's juvenile …


Juvenile Detention Law In The District Of Columbia: A Practitioner’S Guide, Paul Holland, John Copacino, Milton Lee Jan 1995

Juvenile Detention Law In The District Of Columbia: A Practitioner’S Guide, Paul Holland, John Copacino, Milton Lee

Faculty Articles

On each and every day of the year (excluding Sundays), children are presented for an initial hearing in the Family Division, Juvenile Branch of the Superior Court of the District of Columbia. Because of unusually broad and often misapplied preventive detention laws, children charged with property offenses such as theft, or status offenses such as truancy and ungovernability, are subject to detention for an indefinite period of time through summary procedures which do not adequately ensure the reliability of the detention decision. Because the detention of juveniles has become routine in superior court, its potential harm to the child is …


Whatever Happened To The Right To Treatment: The Modern Quest For An Historical Promise, Paul Holland, Wallace Mlyniec Jan 1995

Whatever Happened To The Right To Treatment: The Modern Quest For An Historical Promise, Paul Holland, Wallace Mlyniec

Faculty Articles

Since the creation of the first juvenile court in 1899, state training schools have been the primary place of confinement for children removed from their homes. In theory such places were supposed to be home-like and rehabilitative in their facilities and care. In reality they were usually impersonal, understaffed, unhealthy, and even dangerous institutions, devoid of rehabilitative programs. From the late 1960s to the early 1980s, advocates for children pursued legislative and other policy reforms. They argued that children in state institutions had both a statutory and constitutional €œright to treatment. In this context, the authors of this article reassess …


Fathers, The Welfare System, And The Virtues And Perils Of Child-Support Enforcement, David L. Chambers Jan 1995

Fathers, The Welfare System, And The Virtues And Perils Of Child-Support Enforcement, David L. Chambers

Articles

For half a century, Aid to Families with Dependent Children ("AFDC")' -the program of federally supported cash assistance to low-income families with children-has been oddly conceived. Congress has chosen to make assistance available almost solely to low-income single-parent families, not all low-income parents with children. At first many of the eligible single parents were women whose husbands had died. Over time, a growing majority were women who had been married to their children's father but who had separated or divorced. Today, to an ever increasing extent, they are women who were never married to the fathers of their children.2


Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field Jan 1995

Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field

Articles

Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …


Imagining Children's Rights, Suellyn Scarnecchia Jan 1995

Imagining Children's Rights, Suellyn Scarnecchia

Articles

Today, I will tell you some stories about real, live children, whose futures have been determined by our legal system. To speak of children's rights hypothetically, raises images of children suing to go live with their rich uncle or suing to demand a Nintendo system from their parents. I hope that by bringing you stories of the legal system's treatment of real children, you will have a better understanding of what I mean by children's rights and why they must be recognized. Although children's rights have been recognized in limited ways in the areas of free speech, criminal law and …


A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia Jan 1995

A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia

Articles

On August 2, 1993, I arrived at the home of Jan, Robby, and Jessica DeBoer' a few hours before the transfer. At 2:00 P.M. I would carry Jessica out of her home and deliver her to the parents who had won the case,2 her biological mother and father. This task probably would have been easier had I not spent eight days in the trial court listening to the experts explain that this transfer from one set of parents to another would harm Jessica.3 It would have been easier had I not recently obtained affidavits from other experts to persuade the …


Reflections On A Case (Of Motherhood), Jane M. Spinak Jan 1995

Reflections On A Case (Of Motherhood), Jane M. Spinak

Faculty Scholarship

She surveyed my office for signs of conspiracy. We had had two or three telephone conversations that had conveyed my ambivalence about representing her. A former colleague had urged her to call the clinic for help but I was reluctant to accept her case for the clinic: we rarely represented foster parents and the procedural complexity of the case convinced me that I would be unable to assign students to represent this client so late in the semester. I was resigned, however, to help her find a lawyer, both because a former colleague had sent her and because the snippets …


"Waiving" Goodbye To Juvenile Defendants, Getting Smart Vs. Getting Tough, Cynthia R. Noon Dec 1994

"Waiving" Goodbye To Juvenile Defendants, Getting Smart Vs. Getting Tough, Cynthia R. Noon

University of Miami Law Review

No abstract provided.


Warning: Television Violence May Be Harmful To Children; But The First Amendment May Foil Congressional Attempts To Legislate Against It, Laura B. Schneider Dec 1994

Warning: Television Violence May Be Harmful To Children; But The First Amendment May Foil Congressional Attempts To Legislate Against It, Laura B. Schneider

University of Miami Law Review

No abstract provided.


Juvenile Curfew: Legal Perspectives And Beyond, Jeremy Toth Sep 1994

Juvenile Curfew: Legal Perspectives And Beyond, Jeremy Toth

In the Public Interest

No abstract provided.