Juvenile Law Commons^™

An Abused Child's Right To Life, Liberty, And Property In The Home: Constitutional Approval Of State Inaction, Michael J. Florio

West Virginia Law Review

No abstract provided.

Stanford V. Kentucky: Upholding Juvenile Capital Punishment--A Confirmation Of Society's Evolving Standards Of Decency, Jeffery L. Robinette

West Virginia Law Review

No abstract provided.

At A Tender Age: Violent Youth And Juvenile Justice, Patrick Gallagher

Michigan Law Review

A Review of At a Tender Age: Violent Youth and Juvenile Justice by Rita Kramer

Juvenile Law, Elizabeth E. Clarke, Jacqueline Jacobson

Loyola University Chicago Law Journal

No abstract provided.

Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers

UIC Law Review

No abstract provided.

God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, 58 Fordham L. Rev. 383 (1989), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The past year was significant on several fronts where delinquency was concerned. The General Assembly responded positively to fifteen years of advocacy for a separate administrative agency to deal with delinquent youths. There were several important Virginia decisions governing the transfer process in an era of growing concern about serious offenses by juveniles, and the Supreme Court of the United States brought some closure to constitutional attacks on the death penalty for minors.

Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler

Cleveland State Law Review

AIDS is a unique disease with unknown, unproven risks and undetermined potential for affecting our society's well-being. Due to the age and uncertainty of the disease, it must be addressed differently from any other diseases with which we have been faced in the past. The problems are severe, and barriers facing both victims and non-victims in the school setting are phenomenal. We must not be without compassion for the victims, children innocently contaminated by this devastating disease, for the victims in this country may soon outweigh the unaffected citizens. Presently, we have a duty to prevent the spread of this …

Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan

Faculty Scholarship

Family violence research has only recently begun to investigate desistance. Recent developments in the study of behaviors other than family violence, such as the use of addictive substances, suggest that common processes can be identified in the cessation of disparate behaviors involving diverse populations and occurring in different settings. Desistance is the outcome of processes that begin with aversive experiences leading to a decision to stop. Desistance apparently follows legal sanctions in nearly three spouse abuse cases in four, but the duration of cessation is unknown beyond short study periods. Batterers with shorter, less severe histories have a higher probability …

Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler

Seattle University Law Review

This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …

Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin

Washington Law Review

This article addresses the legal dimensions of an important and difficult problem sometimes faced by social workers employed with child protection agencies: noncooperation with investigations. This problem can arise when the child's family denies access to the home or the child, or when others, such as schools and health providers, decline to cooperate with the investigation. This article identifies the constitutionally based procedural requirements that are applicable to child abuse investigations. It then proposes specific legislative reforms consistent with these constitutional requirements. The discussion of procedural requirements for child protection proceedings necessarily considers whether existing criminal and administrative procedures apply …

Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin

Washington Law Review

This article addresses the legal dimensions of an important and difficult problem sometimes faced by social workers employed with child protection agencies: noncooperation with investigations. This problem can arise when the child's family denies access to the home or the child, or when others, such as schools and health providers, decline to cooperate with the investigation. This article identifies the constitutionally based procedural requirements that are applicable to child abuse investigations. It then proposes specific legislative reforms consistent with these constitutional requirements. The discussion of procedural requirements for child protection proceedings necessarily considers whether existing criminal and administrative procedures apply …

Families In Peril, Nellie Pappas

Michigan Law Review

A Review of Families in Peril by Marian Wright Edelman

Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis

Michigan Law Review

A Review of In the Best Interests of the Child by Joseph Goldstein, Anna Freud, Albert J. Solnit, and Sonja Goldstein

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

Terminating The Rights Of Mentally Retarded Parents: Severing The Ties That Bind, 22 J. Marshall L. Rev. 133 (1988), Patricia Werner

UIC Law Review

No abstract provided.

Confrontation In The Balance: The Protection Of Child Witnesses In West Virginia, Tamara J. Defazio

West Virginia Law Review

No abstract provided.

Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim

UIC Law Review

No abstract provided.

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.

Hazelwood School District V. Kuhlmeier: How Useful Is Public Forum Analysis In Evaluating Restrictions On Student Expression In The Public Schools, 22 J. Marshall L. Rev. 403 (1988), Mark N. Bonaguro

UIC Law Review

No abstract provided.

The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.

Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

The six sections of this Article present the case for direct federal court involvement in aiding foster children who are at risk of abuse and neglect while in foster care. Section I discusses the extent of abuse and neglect in foster care as well as the structural causes of this maltreatment. It also explains the inevitable failure of the political branches of government to confront the problem. Section II describes the constitutional right to safety and surveys the judicial treatment of that right, including the lack of development of the right for children in foster care. Section III discusses differences …

Juvenile Law, Anita Weinberg, Lucia Nale

Loyola University Chicago Law Journal

No abstract provided.

The School Pays The Piper, But How Much? Attorneys Fees In Special Education Cases After The Handicapped Children’S Protection Act Of 1986, Thomas F. Guernsey

Law Faculty Publications

The Education for All Handicapped Children Act of 1975 (the EHA) imposes significant responsibilities on local and state educational authorities to ensure that handicapped children are receiving free and appropriate public education. To protect this substantive right to education, Congress mandated extensive procedural protections, including the right to file a judicial action following exhaustion of administrative remedies. The EHA did not provide for the recovery of attorneys' fees, however, until the statute was recently amended. ...

When The Teachers And Parents Can’T Agree, Who Really Decides? Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey

Law Faculty Publications

In 1975, the United States Congress passed, and President Ford signed into law, the Education for All Handicapped Children Act (hereinafter the Act or EAHCA). The key provision of the Act was that each handicapped child was entitled to a Free and Appropriate Public Education (hereinafter FAPE). Congress provided extensive procedural protections to ensure that the school authorities provided children with a FAPE. The extensive procedural protections included parental participation in most decisions affecting the child's educational program. ...

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

This article last year noted the disturbing increase in the number of reported cases involving individuals prosecuted for the sexual abuse of children, and the persistence of legislative efforts to address the profound difficulties encountered by young children called as witnesses in those cases. This year, the General Assembly finally yielded to the urgings of those seeking changes in the law, and to the recommendations of a joint legislative subcommittee created in 1987 to study the problem of child abuse victims as witnesses in the courtroom. The subcommittee recommended the enactment of four bills in an effort to minimize the …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Children's Preference In Adjudicated Custody Decisions, Elizabeth S. Scott, N. Dickon Reppucci, Mark Aber

Faculty Scholarship

Historically, courts usually paid little attention to the child's wishes in deciding which parent should have custody upon divorce. Today, statutes in many states direct courts to consider the child's preference, often as one among several factors that guide decisionmaking. With some exceptions, the law gives only general guidance and does not specify under what circumstances and to what extent the child's desire should affect the decision. Little is known about how important this factor is, what variables influence the weight accorded the child's preference, or how courts obtain and evaluate evidence about the child's wishes.

This Article began as …