Juvenile Law Commons^™

Freedom From Compulsion, Tess Slattery

Chicago-Kent Law Review

A recent Eleventh Circuit case, Frazier ex rel. Frazier v. Winn, upheld as facially constitutional a Florida statute that requires a student to obtain parental permission before abstaining from participation in the Pledge of Allegiance. This note argues that the court reached the wrong conclusion because it failed to properly weigh the students' right to free speech against the parents' right to control the upbringing of their children. This note argues that Justice Breyer's framework for balancing conflicting rights should be adopted for use in this context. By applying Justice Breyer's balancing test, the Florida statute should be found …

A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi

Federal Communications Law Journal

This Article addresses both the constitutionality and the efficacy of the FCC's current rules that require broadcasters to air children's educational programming. It argues that, even though the rules would probably pass muster under the First Amendment, they should nevertheless be substantially revised.

Empirical studies show mixed results, with substantial amounts of educationally insufficient programming. This is predictable-attributable to broadcaster incentives, limits on the FCC's enforcement capacities, and audience factors. Instead, the Article advises a turn away from programming mandates. It proposes a "pay or play" approach that allows broadcasters to pay a fee to a fund for high-quality public …

Pity The Child: The Age Of Delinquency In New York, Merril Sobie

Pace Law Review

No abstract provided.

Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sex offender registration laws are very controversial. All fifty states require adult sex offenders to register. Twenty-eight states have extended registration and community notification requirements to juveniles (Hiller, 1998). These states seem to have failed to look at the uniqueness of juvenile sex offending. Juveniles have a very low recidivism rate and complex issues of culpability from age-of-consent laws. Applying Megan's Law to juveniles could have considerable negative consequences for juveniles' social development, particularly because one of the main stipulations of the law requires the juvenile to notify their school. Rehabilitation is a key factor of the juvenile justice system …

An Offer They Can't Refuse: Racial Disparity In Juvenile Justice And Deliberate Indifference Meet Alternatives That Work, Edgar Cahn, Cynthia Robbins

University of the District of Columbia Law Review

While young people of all races commit delinquent acts, some are provided treatment while others are detained and incarcerated. Once incarcerated, these youth begin their slide down a slippery slope; they lack an equal opportunity to gather evidence and prepare their cases. Furthermore, they will be effectively deprived of the opportunity and the resources to develop the educational and employment skills necessary to progress to productive adult lives. It is well documented that juveniles of color are more likely than their white counterparts to be arrested,1 referred to juvenile court rather than to diversion programs, charged,waived to adult court, detained …

Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Browning Of America—Multicultural And Bicultural Families In Conflict: Making Culture A Customary Factor For Consideration In Child Custody Disputes, Cynthia R. Mabry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Arresting Development: Convictions Of Innocent Youth, Joshua A. Tepfer, Laura H. Nirider, Lynda M. Tricarico

Faculty Working Papers

This is the first quantitative study documenting and analyzing a dataset of wrongfully convicted individuals who were teenagers or younger when first accused. The article explores the causes and factors leading to these wrongful convictions and offers reasons why youth may be particularly vulnerable to being convicted for crimes they did not commit. The data shows that these young exonerees falsely confessed at a rate almost double that of an adult dataset of exonerees, and that police-induced false statements from youth play a role in more than half of the cases. The article also proposes reforms to prevent future wrongful …

Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz

Law Faculty Publications

No abstract provided.

Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio

Richmond Journal of Law and the Public Interest

The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner's right to "meaningful access" to the courts from both an adult and juvenile's perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of "meaningful access" and shows …

The State Of The American Child: Securing Our Children’S Future: Hearing Before The Subcomm. On Children & Families Of The S. Comm On Health, Educ., Labor & Pensions, 111th Cong., Nov. 18, 2010 (Statement Of Professor Peter B. Edelman, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

You have asked me to reflect on the achievements and disappointments of recent decades with regard to child poverty in our country, on lessons learned, and on what we need to do going forward.

It is impossible to understand child poverty trends without placing them in a context of what has happened to the American economy and to the distribution of income and wealth. Except for the last half of the 1990s, the economic history of the past four decades has been one of near‐stagnation for people with jobs that pay below the median wage in the country ‐‐ the …

Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio

Faculty Scholarship

No abstract provided.

Specialization Has The Potential To Lead To Uneven Justice: Domestic Violence Cases In The Juvenile And Domestic Violence Courts, Allison Cleveland

The Modern American

No abstract provided.

Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas

UIC Law Review

No abstract provided.

International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar

UIC Law Review

No abstract provided.

Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

This article examines the Supreme Court’s student speech framework and argues that, in focusing exclusively on the types of student speech that can be restricted, the framework fails to build in any differentiation as to how such speech can be restricted. This is true even though there are two very distinct types of speech restrictions in schools: suppression of the speech itself; and after-the-fact punishment of the student speaker. As the student speech landscape itself gets more complex – given schools’ experimentation with new disciplinary regimes along with the tremendous rise in student cyber-speech – the blurring of that distinction …

Sex Education And Rape, Michelle J. Anderson

Michigan Journal of Gender & Law

In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …

Resurrecting Parents Of Legal Orphans: Un-Terminating Parental Rights, Lashanda Taylor Adams

Journal Articles

Despite federal and state legislation that requires termination of parental rights when a child has remained in foster care for a specified period of time, studies indicate that relationships with their biological parents (and other relatives) remain important to children in foster care.3 Especially for children whose parents’ parental rights have been terminated, the connection with their biological parent remains central to their development and these children make efforts to maintain that connection. Once it becomes clear that the purpose for terminating the parental rights (i.e., freeing the child for adoption) will not be served, in an increasing number of …

The Indian Child Welfare Act., Frank Vandervort

Book Chapters

Few child welfare lawyers routinely confront the application of the Indian Child Welfare Act (ICWA or "the Act"). When the statute applies, however, it is crucial that its provisions be strictly followed. There are at least three reasons why counsel should attempt to ensure that ICWA's provisions are carefully applied. First, ICWA's provisions are jurisdictional. Failure to abide by its requirements invalidates the proceeding from its inception. Indeed, any party or the court may invoke ICWA at any time in the proceeding, including for the first time on appeal. Second, unlike most federal child welfare legislation which provides funding streams …

Representing Parents In Child Welfare Cases, Vivek Sankaran

Book Chapters

A parent's constitutional right to raise his or her child is one of the most venerated liberty interests safeguarded by the Constitution and the courts.2 The law presumes parents to be fit, and it establishes that they do not need to be model parents to retain custody of their children.3 If the state seeks to interfere with the parent-child relationship, the Constitution mandates that the state: (1) prove parental unfitness, a standard defined by state laws; and (2) follow certain procedures protecting the due process rights of parents. The constitutional framework for child welfare cases is premised on the belief …