A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction ,
2013
Pepperdine University
A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin
Pepperdine Law Review
The juvenile court's power to waive jurisdiction which entails the transfer of juvenile offenders to adult courts presents a topic of longstanding controversy. It's rationale, one of protection of the public, has been labeled by the authors as untenable. Moreover, it is asserted that waiver of jurisdiction in such cases contravenes the very cornerstone of the juvenile court process--the doctrine of parens patriae. Three methods of transfer are seen to exist--legislative, prosecutorial, and judicial. Focusing on the latter, the authors posit an argument advocating the abrogation of the concept of waiver. Justification for this proposition is seen to flow from …
Juvenile Discovery: A Developing Trend And A Word Of Caution,
2013
Pepperdine University
Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty
Pepperdine Law Review
The use of discovery is acknowledged as essential to the efficient administration of justice and to the fairness of the adversary system in both civil and criminal proceedings. However, the juvenile court system has been slow to implement various means of discovery, largely as a result of the doctrine of parens patriae and the unique nature of the juvenile process. Although a discernible trend indicates acceptance of pretrial discovery, there has been considerable experimentation at decisional and statutory levels to develop procedurally protective discovery mechanisms. Professor Geraghty traces the use of discovery in juvenile proceedings and devotes particular attention to …
Procedural Rights In The Juvenile Court: Incorporation Or Due Process?,
2013
Pepperdine University
Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark
Pepperdine Law Review
The landmark Supreme Court decision in In re Gault established, among other things, a juvenile's right to counsel in delinquency prosecutions. However, the decision left unanswered certain questions relating to the nature and scope of that right. In this article, the author examines whether or not Gault initiated a special due process right to counsel for juveniles apart from that body of sixth amendment law previously developed in criminal cases. Alternatively, he wonders whether Gault was meant to initiate a process of selective incorporation of the Bill of Rights into the juvenile justice system. The author critically analyzes the resulting …
Enacting Legislation To Identify And Treat Children With Conduct Disorders,
2013
Pepperdine University
Enacting Legislation To Identify And Treat Children With Conduct Disorders, Donald J. Barnett, Ola Barnett
Pepperdine Law Review
The identification of conduct disordered children, that is, those children who are susceptible to becoming delinquent, is the first necessary step that must be undertaken if society's efforts to control a spiraling crime rate are to be successful. It is the authors' underlying premise that since the traditional approaches to rehabilitation have proven ineffective, it is incumbent upon the various state legislatures to become receptive to new methods and programs designed to prevent delinquency. The distinguishing feature of these alternatives would be early intervention and treatment. Admittedly, the authors note, many of these programs are experimental and based on the …
From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory ,
2013
Pepperdine University
From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib
Pepperdine Law Review
The Supreme Court's reliance upon research and scholarly commentaries which examine the sociological factors that contribute to delinquent behavior has declined considerably during the last fourteen years. The author, in an effort to explain this decline, analyzes the seven major juvenile cases which have been considered by the Court since 1966. He conducts this analysis by focusing upon the subject matter of each decision, the importance of the issues arising therein and the author of each opinion. While some similarities appear, no consistent pattern emerges from this analysis. The article concludes that while juvenile law is an area which is …
The Utilization Of Intermediate Scrutiny In Establishing The Right To Education For Undocumented Alien Children: Plyler V. Doe,
2013
Pepperdine University
The Utilization Of Intermediate Scrutiny In Establishing The Right To Education For Undocumented Alien Children: Plyler V. Doe, Diane I. Osifchok
Pepperdine Law Review
The recent decision in the case of Plyer v. Doe has seemingly solidified the use of the intermediate level of scrutiny as a legitimate standard of review. The Supreme Cour4 in its refusal to apply both the harsh level of strict scrutiny and the often inadequate lower level of a rational basis standard, sought a mid-level analysis. Thus, the intermediate level of review enabled the Court to hold the Texas statute which denied undocumented alien children a free public education constitutionally infirm.
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies,
2013
Pepperdine University
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki
Pepperdine Dispute Resolution Law Journal
The article presents information on the reforms in the juvenile justice system of the U.S. through alternative dispute resolution-based strategies which has been illustrated with the U.S. Supreme Court cases Roper v. Simmons, and Graham v. Florida. It discusses rationale of the U.S. Supreme Court in Graham case and analyzes Graham's current and future impact. A proportionality standard expressed in legislative enactments and state practice was applied by the U.S. Supreme Court in Graham case.
Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform,
2013
Pepperdine University
Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote
Pepperdine Law Review
No abstract provided.
Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions,
2013
Pepperdine University
Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons
Pepperdine Law Review
No abstract provided.
Coy V. Iowa: A Constitutional Right Of Intimidation,
2013
Pepperdine University
Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers
Pepperdine Law Review
No abstract provided.
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools ,
2013
Pepperdine University
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Pepperdine Law Review
No abstract provided.
A Review Of Pennsylvania's Child Abuse Reporting Law,
2013
Duquesne School of Law, Class of 2014
A Review Of Pennsylvania's Child Abuse Reporting Law, Matthew J. Mcclelland
Law Student Papers
No abstract provided.
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency,
2013
University of Nebraska-Lincoln
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Lisa PytlikZillig Publications
Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …
School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity,
2013
University of Maryland Francis King Carey School of Law
School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity, Barbara Fedders, Jason Langberg
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Equal Protection For Children Of Same-Sex Parents,
2013
Washington and Lee University School of Law
Equal Protection For Children Of Same-Sex Parents, Catherine E. Smith
Scholarly Articles
Gay rights litigation and advocacy traditionally have focused on the unequal treatment of gay and lesbian individuals and couples; less attention has been dedicated explicitly to the legal rights of the children of gay and lesbian parents. This Article asserts that a child of same-sex parents denied a government benefit has a cognizable equal protection challenge—a legal claim that is separate and distinct from that of the child’s gay or lesbian parents. It is well-settled equal protection law that the government may not treat nonmarital children differently than marital children because of moral disdain for their parents’ relationship, and laws …
Cyberbullying In Schools: Chapter 157 Updates The Law On Suspension For Online Conduct,
2013
Pacific McGeorge School of Law
Cyberbullying In Schools: Chapter 157 Updates The Law On Suspension For Online Conduct, Sydney Smith
McGeorge Law Review
No abstract provided.
Getting A Break From Forever: Chapter 828 Provides An Opportunity For Juveniles Sentenced To Life Without Parole To Get Their Lives Back,
2013
Pacific McGeorge School of Law
Getting A Break From Forever: Chapter 828 Provides An Opportunity For Juveniles Sentenced To Life Without Parole To Get Their Lives Back, Roman Edwards
McGeorge Law Review
No abstract provided.
Meaningless Opportunities: Graham V. Florida And The
Reality Of De Facto Lwop Sentences,
2013
Pacific McGeorge School of Law
Meaningless Opportunities: Graham V. Florida And The Reality Of De Facto Lwop Sentences, Mark T. Freeman
McGeorge Law Review
No abstract provided.
Beginning To Seize The Instrumentalities Of Human
Trafficking: Chapter 514 Allows Criminal Forfeiture Of
Property Used To Facilitate The Sex Trafficking Of Minors,
2013
Pacific McGeorge School of Law
Beginning To Seize The Instrumentalities Of Human Trafficking: Chapter 514 Allows Criminal Forfeiture Of Property Used To Facilitate The Sex Trafficking Of Minors, Scott Davidson Dyle
McGeorge Law Review
No abstract provided.
“When In Doubt, Sit Them Out”: Chapter 173 Effectively Supplements California Concussion Law And Raises Awareness Among Coaches,
2013
Pacific McGeorge School of Law
“When In Doubt, Sit Them Out”: Chapter 173 Effectively Supplements California Concussion Law And Raises Awareness Among Coaches, Josh Hunsucker
McGeorge Law Review
No abstract provided.
