A Look At In Re Fabian A.: Examining The Extension Of Due Process Protections And Failure To Object As Waiver In The Juvenile Justice System,
2011
University of Connecticut School of Law
A Look At In Re Fabian A.: Examining The Extension Of Due Process Protections And Failure To Object As Waiver In The Juvenile Justice System, Elizabeth Bannon
Connecticut Public Interest Law Journal
Vol. 11, No. 1
Out Of The Strike Zone: Why Graham V. Florida Makes It Unconstitutional To Use Juvenile-Age Convictions As Strikes To Mandate Life Without Parole Under § 841(B)(1)(A),
2011
American University Washington College of Law
Out Of The Strike Zone: Why Graham V. Florida Makes It Unconstitutional To Use Juvenile-Age Convictions As Strikes To Mandate Life Without Parole Under § 841(B)(1)(A), Christopher J. Walsh
American University Law Review
No abstract provided.
The Removability Of Non-Citizen Parents And The Best Interests Of Citizen Children: How To Balance Competing Imperatives In The Context Of Removal Proceedings?,
2011
Georgetown University Law Center
The Removability Of Non-Citizen Parents And The Best Interests Of Citizen Children: How To Balance Competing Imperatives In The Context Of Removal Proceedings?, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
The massive influx of illegal immigrants over the preceding decades has combined with the United States’ jus soli citizenship regime to produce a growing class of removable aliens: non-citizen parents of United States citizen children. The removability of parents obviously places the citizen children in the unfortunate position of having to leave their country of citizenship behind to accompany the parents, or arrange for living situations within the United States, perhaps with a relative, but be separated from their parents. The compelling interests raised by the removability of parents in such circumstances have given rise to distinct forms of relief …
Representing Children On Appeal: Changed Circumstances, Changed Minds,
2011
University of Arkansas Little Rock
Representing Children On Appeal: Changed Circumstances, Changed Minds, Judith Waksberg
The Journal of Appellate Practice and Process
No abstract provided.
Assessment Of International Efforts To Protect The Rights Of Unaccompanied Minors,
2011
SIT Study Abroad
Assessment Of International Efforts To Protect The Rights Of Unaccompanied Minors, Kyla Gaines
Independent Study Project (ISP) Collection
Children’s rights have been violated for centuries. These violations of children’s rights may include but are not limited to a child's access to education, adequate food or quality health care. Over the last few years there have been a rising number of prevalent issues that impact children, including trafficking, slave labor, and unaccompanied minors (UAM) migrating from their countries of origin to new host states in North America and Europe. The issue of unaccompanied minors migrating to Europe has been prevalent for years. "In most EU member states arrivals started during the 1990's. I'd say the issue became prevalent at …
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?,
2011
University at Buffalo School of Law (Student)
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti
Buffalo Public Interest Law Journal
No abstract provided.
Front Matters - Vol. 11, No. 1,
2011
University of Connecticut School of Law
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Connecticut Public Interest Law Journal
No abstract provided.
Explicating Correlates Of Juvenile Offender Detention Length: The Impact Of Race, Mental Health Difficulties, Maltreatment, Offense Type, And Court Dispositions,
2011
Cleveland State University
Explicating Correlates Of Juvenile Offender Detention Length: The Impact Of Race, Mental Health Difficulties, Maltreatment, Offense Type, And Court Dispositions, Christopher A. Mallett, Patricia A. Stoddard Dare, Mamadou M. Seck
Social Work Faculty Publications
Detention and confinement are widely acknowledged juvenile justice system problems which require further research to understand the explanations for these outcomes. Existing juvenile court, mental health, and child welfare histories were used to explicate factors which predict detention length in this random sample of 342 youth from one large, urban Midwestern county in the United States. Data from this sample revealed eight variables which predict detention length. Legitimate predictors of longer detention length such as committing a personal crime or violating a court order were nearly as likely in this sample to predict detention length as other extra-legal predictors such …
Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?,
2011
University of San Diego
Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny
San Diego Law Review
The media has recently been highlighting a rash of prosecutions of teenagers who engage in "sexting"--sending nude or sexually explicit images of themselves or their peers--under child pornography laws. These prosecutions have led to mass criticism for threatening teens with long prison terms and registration as sex offenders for activities that are perceived to be relatively innocent. Many, if not most, of these sexting teens are legally permitted to engage in sexual activities through their states' statutory rape laws, which leads to an absurd situation in which teens are permitted to engage in sex but not photograph it. This mismatch …
Holding Schools Accountable For Their Sex-Ed Curricula,
2011
Liberty University
Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen
Faculty Publications and Presentations
This article examines the legal and policy implications that arise when a school district decides to instruct students on issues concerning same-sex attractions. As more states afford legal recognition to same-sex relationships and adopt non-discrimination codes that include sexual orientation, schools are faced with the decision of what, when, and how to teach children about same-sex attractions. Providing instruction on this divisive issue is fraught with conflict as views and beliefs on the topic are deeply-held, diverse, and often politically charged. In disputes concerning other sensitive topics, courts long have afforded schools broad discretion to implement curriculum without interference from …
With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying,
2011
University of Richmond
With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko
Law Student Publications
This comment will examine Virginia’s statutory response to the growing problem of cyberbullying, focusing particularly on the bills introduced in the most recent Virginia General Assembly session. Section II will define cyberbullying and other cybercrimes, as well as discuss the effects of this form of harassment and the importance of regulating speech in this manner. Section III will describe current statutes that regulate cyberbullying, as well as the three bills that came before the Virginia General Assembly in its 2011 session. Particularly important is House Bill 2059, which differs from the other two bills not only because it was the …
Members Only: The Need For Reform In U.S. Intercountry Adoption Policy,
2011
Seattle University School of Law
Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy
Seattle University Law Review
In the last five years, Americans have adopted nearly seventy thousand children from foreign countries. The trend of intercountry adoption, “the process by which a married couple or single individual of one country adopts a child from another country,” is representative of the new globalized world, where families are formed and dissolved beyond the bounds of national borders. Although intercountry adoption has enabled many adoptive parents to form loving families and provide caring living environments for countless children, intercountry adoption is not without its share of problems. Corruption and abuse, such as child trafficking, have in many cases marred the …
Why Do They Continue To Get The Worst Of Both Worlds? The Case For Providing Louisiana's Juveniles With The Right To A Jury In Delinquency Adjudications,
2011
American University Washington College of Law
Why Do They Continue To Get The Worst Of Both Worlds? The Case For Providing Louisiana's Juveniles With The Right To A Jury In Delinquency Adjudications, Sandra M. Ko
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Preliminary Report On Race And Washington's Criminal Justice System,
2011
Seattle University School of Law
Preliminary Report On Race And Washington's Criminal Justice System, Task Force On Race And The Criminal Justice System
Seattle University Law Review
For this Report, the Research Working Group reviewed evidence on disproportionality in Washington’s criminal justice system and considered whether crime commission rates accounted for this disproportionality. We found that crime commission rates by race and ethnicity are largely unknown and perhaps unknowable, but that some researchers simply take arrest rates as good proxies for underlying commission rates for all crimes.We found that use of arrest rates likely overstates black crime commission rates for several reasons.68 But even if arrest rates are used as a proxy for underlying crime commission rates, the extent of racial disproportionality is not explained by commission …
Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift,
2011
Liberty University
Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover
Senior Honors Theses
In the United States, an overtly selfish and sexual culture contributes to the spread of human trafficking, thereby requiring a complete culture shift in order to diminish this modern day slavery initiated by the aberrant culture. Sex trafficking of minors in the United States encompasses a variety of factors that facilitate the bondage and brutal enslavement of American children. These children are bought and sold hundreds of times, with no regard for their personal well-being. Major factors such as demand, vulnerability, and America’s induced culture of sex serve to increase the environment that trap children and youth in commercial sexual …
The Rights Of The Child,
2011
Washington and Lee University School of Law
The Rights Of The Child, Catherine Smith
Scholarly Articles
There are certainly upsides and downsides to pursuing the rights of children of LGBTs that must be thoroughly vetted. On one hand, a focus on the rights of children of gays and lesbians offers another avenue to push for equality by recognizing that discrimination extends to individuals because of their relationship to LGBTs, on the other hand, it may be viewed as bootstrapping or an end-run around lawful discrimination against LGBTs. On one hand, a child-centered approach to LGBT issues may contribute to the children’s rights movement, however, the same principles developed to seek recourse for these children could be …
Game Over: Violent Video Games And Juvenile Crimes,
2011
University of Georgia School of Law
Game Over: Violent Video Games And Juvenile Crimes, Randy Beck, Cheryl Olson, Gerry Weber, Dan Islett
Working in the Public Interest Conferences
Discussion of possible relationship between video games and childhood violence. Includes considerations of First-Amendment rights of manufacturers and implications of Schwarzenegger v. Entertainment Merchants Association.
Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated,
2011
Nova Southeastern University - Shepard Broad Law Center
Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated, Michael J. Dale
Faculty Scholarship
Florida's system for providing protection and safety to children in the State's child welfare system has changed over the past decade. Regretfully, the changes do not appear to have had a significant impact in two areas: increasing the safety and protection of children in the system' and providing children with independent attorneys to advocate on their behalf. Investigations, lawsuits, grand juries, amendments to court rules, and newspaper articles continue to demonstrate the myriad failures in the Florida system. Two notorious examples hi-lite the shortcomings: the cases of the foster child, Rilya Wilson, who disappeared in 2001, and Gabriel Myers, who …
Predictors Of Pre-Dispositional Juvenile Detention: Race Gender And Intersectionality,
2011
Old Dominion University
Predictors Of Pre-Dispositional Juvenile Detention: Race Gender And Intersectionality, Jennifer Lee Gebler
Sociology & Criminal Justice Theses & Dissertations
This research examines disproportionate minority contact (DMC) in a court service unit (CSU) in Virginia which has been implementing the Juvenile Detention Alternatives Initiative (JDAI) program since 2005. Using three years of intake data, the study also explores the impact of race and gender on the likelihood of receiving pre-dispositional secure detention. Finally, using intersectionality theory, the study analyzes the joint impact of being non-white and female on the pre-dispositional detention outcome. In this CSU, non-whites were found to be overrepresented in secure detention indicating the presence of DMC. In the multivariate model, race was not found to be a …
International Child Abduction And Children's Rights: Two Means To The Same End,
2011
University of Michigan Law School
International Child Abduction And Children's Rights: Two Means To The Same End, Eran Sthoeger
Michigan Journal of International Law
The Hague Convention aims to deter future abductors and demonstrate mutual respect for the laws of its member states, while presumably serving the best interests of the child. It operates as a jurisdictional mechanism by reinstating the status quo prior to the removal through the prompt return of the child to his or her place of habitual residence. This return, as clearly stated in the Hague Convention itself, bears no effect on the merits of any existing or future custody dispute between the parents. The Hague Convention demands that contracting states respect past or future decisions pertaining to custody decided …
