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Juvenile Law Commons™

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3,291 full-text articles. Page 102 of 102.

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer 2010 New York Law School

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

NYLS Law Review

No abstract provided.


Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim 2010 American Civil Liberties Union

Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim

NYLS Law Review

No abstract provided.


Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald 2010 Strategies for Youth

Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald

NYLS Law Review

No abstract provided.


The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody 2010 Juvenile Law Center, Philadelphia, Pennsylvania

The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody

NYLS Law Review

No abstract provided.


Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie 2010 University of Richmond

Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie

Richmond Journal of Law and the Public Interest

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-toteen sexting. The General Assembly may soon seek to adjust the Code of Virginia to better address teen-on-teen sexting. The second part of this comment will consider the options put forth by the Virginia State Crime Commission report and at different legislative "fixes" that have …


The Child As Victim And Perpetrator: Laws Punishing Juvenile "Sexting", Joanna L. Barry 2010 Vanderbilt University Law School

The Child As Victim And Perpetrator: Laws Punishing Juvenile "Sexting", Joanna L. Barry

Vanderbilt Journal of Entertainment & Technology Law

As penalties for child pornography increase in severity across the United States, new technologies and teenage ingenuity are creating problems that legislatures never considered. In response to the "sexting" phenomenon, prosecutors are charging minors under traditional child pornography laws--originally intended to punish adult behavior--with creating, possessing, and distributing child pornography. These charges carry severe penalties, including sex offender registration, and unfairly punish impulsive juveniles. Some states, conscious of prosecutors' and parents' struggle to respond to this behavior, are proposing new legislation, such as supplementing traditional child pornography charges with a new offense for sexting and allowing prosecutors to choose from …


Reauthorizing Schip: Only A Starting Point, Pamela Newell 2010 University at Buffalo School of Law

Reauthorizing Schip: Only A Starting Point, Pamela Newell

Journal Articles

No abstract provided.


The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear 2010 University of Kentucky

The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear

Kentucky Law Journal

No abstract provided.


Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion, John E.B. Myers 2010 Pacific McGeorge School of Law

Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


What Does Graham Mean In Michigan?, Kimberly A. Thomas 2010 University of Michigan Law School

What Does Graham Mean In Michigan?, Kimberly A. Thomas

Articles

In Graham v. Florida, the United States Supreme Court held that life without parole could not be imposed on a juvenile offender for a nonhomicide crime.1 In this context, the Graham Court extensively discussed the diminished culpability of juvenile criminal defendants, as compared to adults. The Court relied on current scientific research regarding adolescent development and neuroscience. While the narrowest holding of Graham has little impact in Michigan, the science it relies on, and the potential broader implications for adolescents in Michigan, are significant.


Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency, Joshua Gupta-Kagan 2010 Columbia Law School

Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency, Joshua Gupta-Kagan

Faculty Scholarship

Abuse and neglect cases involve constantly changing facts. They “are unlike civil cases, which typically involve only facts gone by ... The ultimate parties in interest are the [children] themselves. And for them, their lives are ... ongoing event[s].” A child’s need to return to his parent may ebb or flow. His parent’s fitness may improve, regress, or remain the same. Federal law, followed in all states that wish to receive federal funds to support foster care, requires regular permanency hearings so family courts can make decisions based on evolving factual situations. These decisions, and the lack of greater procedural …


The Contradictions Of Juvenile Crime & Punishment, Jeffery Fagan 2010 Columbia Law School

The Contradictions Of Juvenile Crime & Punishment, Jeffery Fagan

Faculty Scholarship

Juvenile incarceration in the United States is, at first glance, distinctly different from its adult counterpart. While some juvenile facilities retain the iconic aesthetic of adult incarceration – orange jumpsuits, large cellblocks, uniformed guards, barbed wire, and similar heavy security measures – others have trappings and atmospherics more reminiscent of boarding schools, therapeutic communities, or small college campuses. These compact, benign settings avoid the physical stigmata of institutional life and accord some autonomy of movement and intimacy in relations with staff. They also give primacy to developmentally appropriate and therapeutic interventions.


The Contradictions Of Juvenile Crime & Punishment, Jeffrey Fagan 2010 Columbia Law School

The Contradictions Of Juvenile Crime & Punishment, Jeffrey Fagan

Faculty Scholarship

This essay explores the contradictions and puzzles of modern juvenile justice, and illustrates the enduring power of the child-saving philosophy of the juvenile court in an era of punitiveness toward offenders both young and old. The exponential growth in incarceration in the U.S. since the 1970s has been more restrained for juveniles than adults, even in the face of a youth violence epidemic that lasted for nearly a decade. Rhetoric has grown harsher in the wake of moral panics about youth crime, juvenile codes now express the language of retribution and incapacitation, yet the growth in incarceration of juveniles was …


Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg 2010 Columbia Law School

Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg

Faculty Scholarship

The question of how lawmakers should respond to developmental differences between adolescents and adults in formulating juvenile crime policy has been the subject of debate for a generation. A theme of the punitive law reforms that dismantled the traditional juvenile justice system in the 1980s and 1990s was that adolescents were not different from adults in any way that was relevant to criminal punishment – or at least that any differences were trumped by the demands of public safety. But this view has been challenged in recent years; scholars and courts have recognized that adolescents, due to their developmental immaturity, …


What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar 2010 Duke Law School

What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar

Faculty Scholarship

No abstract provided.


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