Juvenile Law Commons^™

Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals, David H. King

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore

Washington and Lee Law Review

The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to …

Mitigating Risk, Eradicating Slavery, Ramona Lampley

Faculty Articles

For U.S. companies with forced labor or child labor in the supply chain, litigation is on the rise. This Article surveys the current litigation landscape involving forced labor in the supply chain. It ultimately concludes that domestic corporations that source from international suppliers should adopt the Model Contract Clauses drafted by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts ("Working Group"). This Article traces the origins of cases involving supply chain forced labor, beginning with the early employee negligence cases that form the backdrop of existing case law and the cornerstone of …

Discretionary Life Sentences For Juveniles: Resolving The Split Between The Virginia Supreme Court And The Fourth Circuit, Daniel M. Coble

Washington and Lee Law Review Online

At the age of 17, Donte Lamar Jones shot and killed a store clerk as she laid down on the floor during a robbery. He was spared the death penalty by agreeing instead to die in prison at the end of his life. Two years later in Virginia, 12 individuals were murdered for doing nothing more than being in the wrong place at the wrong time. Those individuals were killed by Lee Malvo and John Muhammad, better known as the “D.C. Snipers.” While John Muhammad was given the death penalty for his heinous crimes, Lee Malvo, who was 17 during …

Best Training Practices For Probation Officers And Staff Toward Building A More Sophisticated, Fair, And Effective System Of Juvenile Justice In San Diego County, Carissa Carrasquillo

Ethnic Studies Senior Capstone Papers

This report illustrates how probation leadership, officers, and staff in San Diego County can adopt best training practices to address and alleviate incidents in juvenile detention facilities and build a sophisticated, fair, and effective system of juvenile justice. The goal of implementing best training practices for probation officers and staff is to build a knowledgeable workforce to better serve youth and families and reduce racial and ethnic disparities in the juvenile justice system. This report analyzes how innovations in management and the introduction of new programs has proven effective through research- and evidence-based practices and direct community involvement. In particular, …

A Child Litigant's Right To Counsel, Kevin Lapp

Loyola of Los Angeles Law Review

As the Supreme Court put it a half century ago, the right tocounsel for juveniles reflects “society’s special concern for children” and “is of the essence of justice.” In a variety of legal proceedings, from delinquency matters to child welfare proceedings to judicial bypass hearings, the law requires the appointment of counsel to child litigants. While coherent in the whole, the law regarding counsel for child litigants is a patchwork of state and federal constitutional rulings by courts and statutory grants. Legal scholarship about a child litigant’s right to counsel is similarly fragmented. Predominantly, legal scholars have examined arguments for …

Puffing Away Parental Rights: A Survey And Analysis Of Whether Secondhand Smoke Exposure Is Child Abuse, Karly Huml

Journal of Law and Health

The steps taken thus far to protect children in public areas, custody cases, and in vehicles show the legislature's awareness of the chemical harms of secondhand smoke for children. This article will analyze those steps and discuss what they mean for both parents' and children's constitutional rights. This article proposes that the legislature take a vital fourth step by including secondhand smoke exposure in child abuse laws. Section II of this article provides the history of smoking tobacco and its transition from a trendy social status to an unpopular, harmful habit. Section II also introduces the steps that have been …

Resilience And Native Girls: A Critique, Addie C. Rolnick

BYU Law Review

No abstract provided.

The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola

Pace Law Review

The tragic and unsettling story of Kalief Browder has notably emerged as a prominent illustration of our criminal justice system’s historical failure to protect our youth. Kalief’s story gained massive media attention with the help of a TIME documentary series featured on Netflix and famous A-listers such as music artist Jay-Z and TV host Rosie O’Donnell. It is hard to ignore the fact that Kalief Browder was cheated by the system; he chose suicide to escape his demons, which developed after undeserved time spent at Riker’s – a place he would have never experienced had he initially been tried as …

Perspectives On Community Policing Of Durban Juveniles Living On The Streets, Dena Cheng

Independent Study Project (ISP) Collection

The aim of this project is to critically analyze the structure and performance of the South African Police Service (SAPS) at the nexus of juvenile criminal justice and homelessness. Facing issues of social discord, legitimacy, and patterns of corruption following the era of apartheid, SAPS plays a critical role in both preventing as well as eliminating crime. Therefore, this project focuses on a particularly marginalized community, under-aged street children, since the treatment of youth crime and/or criminality in Durban serves as a microcosm of a larger system of practices implemented by SAPS. Through in-depth interviews with local social workers, a …

Sexual Ageplay In Virtual Reality: Practicing Free Speech Or Producing Child Pornography?, Lillian Esposito

Cardozo Law Review

A man's thoughts are his own; he may sit in his armchair and think salacious thoughts, murderous thoughts, discriminatory thoughts, whatever thoughts he chooses, free from the "thought police." It is only when the man gets out of his armchair and acts upon his thoughts that the law may intervene

In my ignorance, I have to accept the possibility that if we had to decide today just what the First Amendment should mean in cyberspace, we would get it fundamentally wrong.

Toward A Just System For Juveniles, Karl A. Racine, Elizabeth Wilkins

University of the District of Columbia Law Review

Each year as a nation we prosecute over 800,000 children-nearly three percent of the juvenile population2 and detain over 200,000 of them.3 That is, we saddle almost three percent of our youth with the experience of being a defendant in court, with the label of delinquency. And we separate over a quarter of those youth from family and community for some period of time. The overwhelming majority of these children have experienced life-altering trauma in their young lives, and these experiences with the juvenile justice system can exacerbate that trauma.4 Yet,while we are affecting our young people on this massive …

In Search Of Juvenile Justice: From Star Chamber To Criminal Court, Hon. Patrick R. Tamilia

Akron Law Review

No abstract provided.

Treatment And Rehabilitation Or Hard Time: Is The Focus Of Juvenile Justice Changing?, Hon. John B. Leete

Akron Law Review

No abstract provided.

The Impact Of The Uniform Child Custody Jurisdiction Act On Juvenile Court Jurisdiction, Hon. Viola J. Taliaferro

Akron Law Review

No abstract provided.

The Laws Of Unintended Results, Hon. W. Don Reader

Akron Law Review

No abstract provided.

A Dilemma For The Juvenile Justice System, Judith L. Hunter

Akron Law Review

No abstract provided.

Perspectives On Keeping Kids In Classrooms Not Courtrooms, Gerard Lawson, Laura E. Welfare, Tameka O. Grimes, Ariann Robino

National Youth Advocacy & Resilience Conference

The school to prison pipeline begins with school disciplinary incidents that result in suspensions and/or referrals to law enforcement. With the support of the National Institutes of Justice, the presenters explored factors that inform decision-making about exclusionary discipline practices and law enforcement referrals in Virginia. Educators and School Resource Officers are invited to discuss strategies for promoting well-being of youth-at-risk.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.