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Juvenile Law Commons

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Interview With: Miranda Johnson, Associate Director Of The Education Law And Policy Institute, Loyola University Chicago School Of Law, Jenessy Rodriguez 2015 Loyola University Chicago, School of Law

Interview With: Miranda Johnson, Associate Director Of The Education Law And Policy Institute, Loyola University Chicago School Of Law, Jenessy Rodriguez

Children's Legal Rights Journal

No abstract provided.


Stateless And Fleeing Persecution: The Situation Of The Rohingya In Thailand, Amanda Crews Slezak, Thalia Roussos Singer, Rupa Ramadurai 2015 Loyola University Chicago, School of Law

Stateless And Fleeing Persecution: The Situation Of The Rohingya In Thailand, Amanda Crews Slezak, Thalia Roussos Singer, Rupa Ramadurai

Children's Legal Rights Journal

No abstract provided.


Oversight Hearing On Juvenile Justice In Indian Country: Challenges And Promising Strategies, Addie C. Rolnick 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Oversight Hearing On Juvenile Justice In Indian Country: Challenges And Promising Strategies, Addie C. Rolnick

Congressional Testimony

In her testimony before the United States Senate Committee on Indian Affairs, Prof. Rolnick describes her research and recommendations concerning how to improve juvenile justice for American Indian and Alaska Native youth.


Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke 2015 University of Maryland - Baltimore

Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke

Faculty Scholarship

Curfew laws seek to provide general protection to youth and adults by restricting the times that children of certain ages are allowed to occupy public places or streets. These laws often contain exemptions for youth accompanied by an adult, responding to an emergency, or traveling to or from school, work, or a religious service, among others. However, the actual language used and exemptions included vary by locality. As a result, courts have reached different results—several courts upheld curfew laws as constitutional, while others overturned these laws. Although not the original reason behind juvenile curfew enactment, several studies have found that …


Legislative Intent: The Convention On The Rights Of The Child: Is Thailand To Blame?, Jamie Collins 2015 Loyola University Chicago, School of Law

Legislative Intent: The Convention On The Rights Of The Child: Is Thailand To Blame?, Jamie Collins

Children's Legal Rights Journal

No abstract provided.


"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik 2015 University of Maryland - Baltimore

"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik

Faculty Scholarship

Legal models of adolescent autonomy and responsibility in various domains of law span a spectrum from categorical prohibitions of certain behaviors to recognitions of total adolescent autonomy. The piecemeal approach to the limited decision-making capacity of adolescents lacks an empirical foundation in the differences between adolescent and adult decision-making, leading to counterintuitive and inconsistent legal outcomes. The law limits adolescent autonomy with respect to some decisions that adolescents are perfectly competent to make, and in other areas, the law attributes adult responsibility and imposes adult punishments on adolescents for making decisions that implicate their unique volitional vulnerabilities. As developmental neuroscientists …


Youth Charged As Adults: The Use And Outcomes Of Transfer In Baltimore City, Jason R. Tashea, Al Passarella 2015 University of Maryland Francis King Carey School of Law

Youth Charged As Adults: The Use And Outcomes Of Transfer In Baltimore City, Jason R. Tashea, Al Passarella

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Teen Pregnancy In Charter Schools: Pregnancy Discrimination Challenges Under The Equal Protection Clause And Title Ix, Kaylee Niemasik 2015 Emory University School of Law

Teen Pregnancy In Charter Schools: Pregnancy Discrimination Challenges Under The Equal Protection Clause And Title Ix, Kaylee Niemasik

Michigan Journal of Gender & Law

Until three years ago, a policy at Delhi Charter School in Louisiana required that any pregnant student be effectively expelled. A pregnant sixteen-year-old student’s expulsion caught the attention of national media in 2012. The ACLU sued and the school quickly rescinded the policy. Although the policy was revoked, the un-adjudicated nature of the resolution leaves teen girls at the school and nationwide without any final court order to protect them against the (re)enactment of similar discriminatory policies. This Article analyzes the Delhi Charter School policy in order to make three related arguments. First, the Court should adopt a rebuttable presumption …


Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles 2015 University of Arkansas, Little Rock, William H. Bowen School of Law

Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles

Michigan Journal of Gender & Law

Recent scholarship and media attention has focused on the prevalence of sexually harassing behavior directed at working teenagers, and the emergence of sexual harassment lawsuits by these minors against their employers. Although many of the legal issues concerning workplace sexual harassment and adult workers (and the various state and federal jurisprudence prohibiting it) have been widely discussed, there is surprisingly little discourse, research, and precedent addressing the problem of workplace sexual harassment and teen workers. Currently, most sexual harassment cases brought by adolescent workers are litigated using the doctrinal framework for adult workers. Only the Seventh Circuit has developed an …


Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba 2015 Loyola University Chicago, School of Law

Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba

Children's Legal Rights Journal

No abstract provided.


The Icwa’S Pre-Existing Custody Requirement: A Flexible Approach To Better Protect The Interests Of Indian Fathers, Children, And Tribes, Jeffrey A. Parness, Amanda Beveroth 2015 Northern Illinois University College of Law

The Icwa’S Pre-Existing Custody Requirement: A Flexible Approach To Better Protect The Interests Of Indian Fathers, Children, And Tribes, Jeffrey A. Parness, Amanda Beveroth

Children's Legal Rights Journal

No abstract provided.


Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan 2015 Loyola University Chicago, School of Law

Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan

Children's Legal Rights Journal

No abstract provided.


Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen 2015 Loyola University Chicago, School of Law

Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen

Children's Legal Rights Journal

No abstract provided.


Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn 2015 Loyola University Chicago, School of Law

Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn

Children's Legal Rights Journal

No abstract provided.


In The Courts: Sentencing Juvenile Offenders, Hsin-Hisn Lee 2015 Loyola University Chicago, School of Law

In The Courts: Sentencing Juvenile Offenders, Hsin-Hisn Lee

Children's Legal Rights Journal

No abstract provided.


Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder 2015 Loyola University Chicago, School of Law

Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder

Children's Legal Rights Journal

No abstract provided.


The Double-Edged Sword Of Justice: The Need For Prosecutors To Take Care Of Child Victims, Alexandra Emily Bochte 2015 Loyola University Chicago, School of Law

The Double-Edged Sword Of Justice: The Need For Prosecutors To Take Care Of Child Victims, Alexandra Emily Bochte

Children's Legal Rights Journal

No abstract provided.


Opposing Viewpoints: The Sixth Amendment And Child Witnesses, Sarah Kroll 2015 Loyola University Chicago, School of Law

Opposing Viewpoints: The Sixth Amendment And Child Witnesses, Sarah Kroll

Children's Legal Rights Journal

No abstract provided.


Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana 2015 Georgia State University College of Law

Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Scholarly Articles

Many scholars have called for the acknowledgement and treatment of children's rights as constitutionally protected and enforceable, and Supreme Court precedent establishes that the government may not punish children for matters beyond children's control. Same-sex marriage bans and non-recognition laws, which are collectively referred to as marriage bans, impose prohibited punishment on children for being born into, or parented by, same-sex families. States argue that marriage is the optimal familial environment for children, yet marriage bans categorically exclude an entire class of children -- children in same-sex families -- from the legal, economic, and social benefits of marriage. In response …


Recent Development: In Re Tyrell A.: Trial Courts Generally May Not Order Restitution To An Individual Whose Voluntary Participation In A Crime Or Delinquent Act Results In Injury, Andrew Middleman 2015 University of Baltimore Law

Recent Development: In Re Tyrell A.: Trial Courts Generally May Not Order Restitution To An Individual Whose Voluntary Participation In A Crime Or Delinquent Act Results In Injury, Andrew Middleman

University of Baltimore Law Forum

The Court of Appeals of Maryland held that Sections 11-601(j) and 11- 603(a) of the Maryland Code, Criminal Procedure Article, do not authorize trial courts to order restitution to an individual who suffers an injury while voluntarily participating in a crime or delinquent act, “absent exceptional circumstances.” In re Tyrell A., 442 Md. 354, 383, 112 A.3d 468, 485 (2015). Accordingly, the court of appeals vacated a juvenile court’s restitution order to an individual who suffered nasal injuries while participating in the common law offense of affray.


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