Adolescent Medical Decision Making And The Law Of The Horse,
2012
University of Maryland Francis King Carey School of Law
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Faculty Scholarship
Legal and ethical regimes relating to adolescent medical decision making resemble what Judge Frank H. Easterbrook derisively called “the Law of the Horse”: Many laws deal with horses, he wrote, but there is no such field as “horse law.” Similarly, even though the United States has juvenile and family courts, as well as pediatric and adolescent medical departments, there is not a distinct field of “adolescent medical decision-making law” or ethics; there are just many disparate policies that implicate or impinge upon decisions made by adolescents. These include state laws ranging from those that permit minors to seek treatment for …
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders,
2012
University of Maryland Francis King Carey School of Law
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Fear Of The Queer Child,
2012
S.J. Quinney College of Law, University of Utah
Fear Of The Queer Child, Clifford Rosky
Utah Law Faculty Scholarship
This article is about the fear of the queer child — the fear that exposing children to homosexuality and gender variance makes them more likely to develop homosexual desires, engage in homosexual acts, deviate from traditional gender norms, or identify as lesbian, gay, bisexual, or transgender. This fear is thousands of years old, but it has undergone a remarkable transformation in the last half-century, in response to the rise of the LGBT movement. For centuries, the fear had been articulated specifically in sexual terms, as a belief that children would be seduced into queerness by adults. Since the 1970s, it …
Adjudicated Juveniles And Post-Conviction Litigation,
2012
Northwestern University School of Law
Adjudicated Juveniles And Post-Conviction Litigation, Joshua A. Tepfer, Laura H. Nirider
Faculty Working Papers
Post-conviction relief is a vital part of the American justice system. By filing post-conviction petitions after the close of direct appeal, defendants can raise claims based on evidence outside the record that was not known or available at the time of trial. One common use of post-conviction relief is to file a claim related to a previously unknown constitutional violation that occurred at trial, such as ineffective assistance of counsel. If a defendant's trial attorney performed ineffectively by failing to call, for instance, an alibi witness, then that omission is unlikely to be reflected in the trial record -- but …
Adolescents In Society: Their Evolving Legal Status, Introduction,
2012
Brooklyn Law School
Adolescents In Society: Their Evolving Legal Status, Introduction, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012),
2012
UIC School of Law
"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Nature And Nurture: Revisiting The Infant Adoption Process,
2012
Elisabeth Haub School of Law at Pace University
Nature And Nurture: Revisiting The Infant Adoption Process, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
Adopted children constitute approximately two percent of the United States' childhood population, but are disproportionately represented in mental health settings, where they make up an estimated four to fifteen percent of the population. Science suggests that for those adopted at birth, this discrepancy may be due in part to their abrupt removal from the biological parents. We are now beginning to understand the importance of the bonding that takes place in utero and the infant's awareness at birth. This article suggests three changes to the infant adoption process to align it with scientific knowledge. First, all adults involved in the …
Introduction: Adolescent Medical Decision Making And The Law Of The Horse,
2012
University of Maryland Francis King Carey School of Law
Introduction: Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Journal of Health Care Law and Policy
No abstract provided.
Body Modification And Adolescent Decision Making: Proceed With Caution,
2012
University of Maryland Francis King Carey School of Law
Body Modification And Adolescent Decision Making: Proceed With Caution, Alicia Ouellette
Journal of Health Care Law and Policy
No abstract provided.
Mommy, Where Is Home: Imputing Parental Immigration Status And Residency For Undocumented Immigrant Children, 45 J. Marshall L. Rev. 991 (2012),
2012
UIC School of Law
Mommy, Where Is Home: Imputing Parental Immigration Status And Residency For Undocumented Immigrant Children, 45 J. Marshall L. Rev. 991 (2012), Johanna K.P. Dennis
UIC Law Review
No abstract provided.
Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012),
2012
UIC School of Law
Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012), Jordan Franklin
UIC Law Review
No abstract provided.
Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012),
2012
UIC School of Law
Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012), Laura Hoffman
UIC Law Review
No abstract provided.
Displaced Mothers, Absent And Unnatural Fathers: Lgbt Transracial Adoption,
2012
Gonzaga University School of Law
Displaced Mothers, Absent And Unnatural Fathers: Lgbt Transracial Adoption, Kim H. Pearson
Michigan Journal of Gender & Law
While some might believe that Black versus gay discourse only surfaces in highly politicized settings like the military and marriage, it holds sway in the area of LGBT transracial adoption. LGBT transracial adoptions are a relatively small percentage of all adoptions, which include private adoptions, LGBT second-parent adoptions, and step-parent adoptions, but they are an important site for interrogating the Black versus gay discourse because adoption and custody decisions often address parent-child transmission. When claims intersect, as they do in a case where a White LGBT foster parent and a Black maternal grandmother dispute the adoption of a Black child, …
Proving Medical Child Abuse: The Time Is Now For Ohio To Focus On The Victim And Not The Abuser,
2012
Cleveland State University
Proving Medical Child Abuse: The Time Is Now For Ohio To Focus On The Victim And Not The Abuser, Tiffany S. Allison
Journal of Law and Health
Part I of this Note will discuss the history of Munchausen's Syndrome by Proxy and how the medical community is trying to make the general public aware of medical child abuse. Part II provides a history of Munchausen's Syndrome by Proxy and medical child abuse. It also highlights the differences in how litigation was previously handled under the nomenclature of Munchausen's Syndrome by Proxy and how litigation should be handled in the future under the nomenclature of medical child abuse. Part III identifies Ohio's current statutes and federal legislation that have an effect on child abuse. Part III also identifies …
Juvenile Neurolaw: When It's Good It Is Very Good Indeed, And When It's Bad It's Horrid,
2012
University of Maryland Francis King Carey School of Law
Juvenile Neurolaw: When It's Good It Is Very Good Indeed, And When It's Bad It's Horrid, Abigail A. Baird, Christy L. Barrow, Molly K. Richard
Journal of Health Care Law and Policy
No abstract provided.
Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles,
2012
University of Maryland Francis King Carey School of Law
Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles, B. Jessie Hill
Journal of Health Care Law and Policy
No abstract provided.
Adolescent Decision Making: Legal Issues With Respect To Treatment For Substance Misuse And Mental Illness,
2012
University of Maryland School of Law
Adolescent Decision Making: Legal Issues With Respect To Treatment For Substance Misuse And Mental Illness, Richard C. Boldt
Journal of Health Care Law and Policy
No abstract provided.
Decision Making For Children With Life-Limiting Illnesses: A Clinical Approach,
2012
University of Maryland Francis King Carey School of Law
Decision Making For Children With Life-Limiting Illnesses: A Clinical Approach, Yoram Unguru
Journal of Health Care Law and Policy
No abstract provided.
A Choice To Which Adolescents Should Not Be Exposed: Cosmetic Surgery As Satire,
2012
University of Maryland Francis King Carey School of Law
A Choice To Which Adolescents Should Not Be Exposed: Cosmetic Surgery As Satire, Dan O'Connor
Journal of Health Care Law and Policy
No abstract provided.
Understanding Jurors’ Judgments In Cases Involving Juvenile Defendants: Effects Of Confession Evidence And Intellectual Disability,
2012
University at Albany, State University of New York
Understanding Jurors’ Judgments In Cases Involving Juvenile Defendants: Effects Of Confession Evidence And Intellectual Disability, Cynthia J. Najdowski, Bette L. Bottoms
Psychology Faculty Scholarship
Juveniles are at heightened risk for falsely confessing to crimes, particularly if they are intellectually disabled. We conducted a mock trial experiment to investigate the effects of a juvenile defendant’s confession and status as intellectually disabled on jurors’ decision making. As expected, jurors discounted a juvenile’s coerced confession: Jurors’ judgments were similar for a juvenile who was perceived to have confessed under coercion and a juvenile who did not confess. In general, these effects were explained by the fact that, compared to a juvenile who was perceived as having confessed voluntarily, a juvenile who was perceived as having confessed under …
