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 2941 - 2970 of 3286

Full-Text Articles in Juvenile Law

Exclusion Of Families With Children From Housing, George Palmer Schober Jun 1985

Exclusion Of Families With Children From Housing, George Palmer Schober

University of Michigan Journal of Law Reform

This Note attempts to resolve the most significant problems raised by discrimination against children in housing. Part I briefly analyzes the prevalence of child exclusion in different types of housing. It also provides a statistical analysis of the rental housing market to enable the reader to gauge the extent of the problem in one type of housing. Part II discusses policy arguments supporting both those who seek to exclude children and those who advocate government policies forbidding exclusion. Part III then examines the various approaches that states have adopted in this area, as well as federal implications of the issue. …


The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon E. Rush Mar 1985

The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon E. Rush

UF Law Faculty Publications

Developing a framework for analyzing children's rights issues is difficult due to the inherent tension between individual freedom and the traditional role of the family in society. The United States Supreme Court has failed to use a consistent framework in resolving conflicts among the child, parent, and the state. Because increasingly complex and controversial children's rights issues are arising, a consistent framework must be developed to assist courts adjudicating these conflicts. This Article proposes a methodology for resolving state-parent-child conflicts. This methodology reduces each state-parent-child conflict to either a state-parent or a state-child controversy. Under this framework, children are treated …


The Representation Of Children: A Summary And Analysis Of The Bar Association Law Guardian Study, Merril Sobie Feb 1985

The Representation Of Children: A Summary And Analysis Of The Bar Association Law Guardian Study, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The law guardian system constitutes a unique opportunity to protect the interests and rights of New York's children. Inaugurated in 1962 and expanded greatly in the past twenty years, the system's goals are laudatory. However, a lack of structure and responsibility has seriously compromised the effectiveness of counsel. Representation is frequently characterized by perfunctory preparation and a waiver of substantive and procedural rights. Moreover, the system is needlessly bifurcated and incapable of providing the education, experience and assistance required for effective counsel. The Bar Association study provides a blueprint for improvement. Legislative restructuring to establish an independent board and office …


Schall V. Martin: Preventive Detention And Dangerousness Through The Looking Glass, Charles Patrick Ewing Jan 1985

Schall V. Martin: Preventive Detention And Dangerousness Through The Looking Glass, Charles Patrick Ewing

Buffalo Law Review

No abstract provided.


Sociological And Human Developmental Explanations Of Crime: Conflict Or Consensus , Deborah W. Denno Jan 1985

Sociological And Human Developmental Explanations Of Crime: Conflict Or Consensus , Deborah W. Denno

Faculty Scholarship

This paper examines multidisciplinary correlates of delinquency in an attempt to integrate sociological and environmental theories of crime with human developmental and biological explanations of crime. Structural equation models are applied to assess links among biological, psychological, and environmental variables collected prospectively from birth through age 17 on a sample of 800 black children at high risk for learning and behavioral disorders. Results show that for both males and females, aggression and disciplinary problems in school during adolescence are the strongest predictors of repeat offense behavior. Whereas school achievement and family income and stability are also significant predictors of delinquency …


Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1985

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

University of Richmond Law Review

This section focuses on Virginia and federal developments affecting children from January 1984 through June 1985. The discussion will concentrate on legal developments impacting on juvenile delinquency; abused, neglected and missing children; paternity; child support; and the problems of educationally disadvantaged and handicapped children. Child custody developments are addressed in the section on Domestic Relations.


Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky Jan 1985

Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky

Center on Children, Families, and the Law: Faculty Publications

The assumption that job satisfaction and job performance are related has much intuitive appeal, despite the fact that reviewers of this literature have concluded there is no strong pervasive relation between these two variables. The present meta-analytic study demonstrates that (a) the best estimate of the true population correlation between satisfaction and performance is relatively low (.17); (b) much of the variability in results obtained in previous research has been due to the use of small sample sizes, whereas unreliable measurement of the satisfaction and performance constructs has contributed relatively little to this observed variability in correlations; and (c) nine …


Around And Around On Pennsylvania's Juvenile Confession Carousel: This Time The Police Get The Brass Ring, Paula D. Shaffner Jan 1985

Around And Around On Pennsylvania's Juvenile Confession Carousel: This Time The Police Get The Brass Ring, Paula D. Shaffner

Villanova Law Review (1956 - )

No abstract provided.


School Health Services For Handicapped Children: The Door Opens No Further, Joyce Palomar Jan 1985

School Health Services For Handicapped Children: The Door Opens No Further, Joyce Palomar

Faculty Articles

No abstract provided.


Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt Jan 1985

Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt

Seattle University Law Review

The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …


Chapter 39, The Florida Juvenile Justice Act: From Juvenile To Adult With The Stroke Of A Pen, Sue Carter Oct 1984

Chapter 39, The Florida Juvenile Justice Act: From Juvenile To Adult With The Stroke Of A Pen, Sue Carter

Florida State University Law Review

No abstract provided.


The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review Jun 1984

The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review

Michigan Law Review

This Note examines when judges deciding custody disputes may consider potential custodians' religious practices without violating the establishment clause of the first amendment to the Constitution. Although courts agree that they may not prefer one parent to another for religious reasons when both parents are religious and neither parent's religious practices threaten the child's health or safety, some courts believe that they may constitutionally prefer a religious parent to a nonreligious parent. Part I argues that courts violate the establishment clause by preferring religion to nonreligion when there is no showing that the child has personal religious convictions. Part II …


The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr. Apr 1984

The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.

University of Michigan Journal of Law Reform

This Note proposes that courts refuse to give further consideration to admitting the battering parent syndrome as evidence in both civil and criminal proceedings arising out of child abuse. Part I of the Note describes the syndrome as it appears in the psychological literature. Part II suggests that current judicial attitudes favor the future admissibility of the syndrome, conditioned only on an improved showing of scientific accuracy. Part III demonstrates that regardless of scientific accuracy, the character evidence rule forbids courts from admitting the battering parent syndrome. Part IV argues that the important policies underlying the character evidence rule override …


Reporter's Privilege And Juvenile Anonymity: Two Confidentiality Policies On A Collision Course, Diane Geraghty, Alan Raphael Jan 1984

Reporter's Privilege And Juvenile Anonymity: Two Confidentiality Policies On A Collision Course, Diane Geraghty, Alan Raphael

Loyola University Chicago Law Journal

No abstract provided.


Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank Jan 1984

Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank

Seattle University Law Review

This Comment first analyzes Washington’s hearsay exception Act in the light of the principles that form the basis for the hearsay rule and its exceptions. It then examines the effect of the Act on the preexisting hearsay rules. Next, it compares the concept of unavailability as used in the hearsay exceptions with the concept of incompetence; both concepts are then analyzed according to the requirements of the hearsay rules and the confrontation clause. The Comment concludes that the Act is unconstitutional because it permits admission of hearsay of testimonially incompetent children.


New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler Jan 1984

New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler

UIC Law Review

No abstract provided.


Too Many Rights Or Not Enough--A Study Of The Juvenile Related Decisions Of The West Virginia Supreme Court Of Appeals, Paul Mones Jan 1984

Too Many Rights Or Not Enough--A Study Of The Juvenile Related Decisions Of The West Virginia Supreme Court Of Appeals, Paul Mones

West Virginia Law Review

No abstract provided.


Juveniles, Linda S. Williams Jan 1984

Juveniles, Linda S. Williams

West Virginia Law Review

No abstract provided.


Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds Jan 1984

Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds

Seattle University Law Review

This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.


In Re S.R.H.: A Decline In The Juvenile's Right To Notice In Illinois, Katherine M. Bigane Jan 1984

In Re S.R.H.: A Decline In The Juvenile's Right To Notice In Illinois, Katherine M. Bigane

Loyola University Chicago Law Journal

No abstract provided.


After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi Jan 1984

After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi

University of Miami Law Review

No abstract provided.


The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg Jan 1984

The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg Jan 1984

Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg Jan 1984

Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


Visitation Beyond The Traditional Limitations, Michael J. Lewinsky Jan 1984

Visitation Beyond The Traditional Limitations, Michael J. Lewinsky

Indiana Law Journal

No abstract provided.


The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell Jan 1984

The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Rethinking Joint Custody, Elizabeth S. Scott, Andre Derdeyn Jan 1984

Rethinking Joint Custody, Elizabeth S. Scott, Andre Derdeyn

Faculty Scholarship

A small revolution has begun in child custody law, and as yet its dimensions and ultimate direction are uncertain. Joint custody, the sharing of legal authority by divorced or separated parents over their children, is gaining acceptance as the best arrangement for most children when their parents divorce. The legal system is embracing this arrangement with remarkable enthusiasm, although until recently it was viewed as being of questionable legality and antithetical to the best interest of the child. Today, thirty states have joint custody laws, most of which have been enacted since 1980. A growing number of the more recent …


Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers Jan 1984

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers

Articles

A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …


Schall V. Martin, Lewis F. Powell, Jr. Oct 1983

Schall V. Martin, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Arkansas Juvenile Courts: Do Lay Judges Satisfy Due Process In Delinquency Cases, Paula J. Casey Oct 1983

Arkansas Juvenile Courts: Do Lay Judges Satisfy Due Process In Delinquency Cases, Paula J. Casey

University of Arkansas at Little Rock Law Review

No abstract provided.