Check Out: Volume 88.4 [Authors, Previews, and Full-text PDFs Inside]
Articles:
- Preface
- Robert G. Schwartz, Cofounder and Executive Director Emeritus, Juvenile Law Center
- This preface provides a brief overview of the history of Juvenile Law Center.
- Introduction
- Theresa Glennon, Professor of Law, Beasley School of Law at Temple University and Emily C. Keller, Supervising Attorney, Juvenile Law Center
- On October 2 and 3, 2015, the Temple Law Review and Juvenile Law Center hosted a Symposium titled, “Court-Involved Youth in the 21st Century: Empowerment vs. Protection.” This introduction provides an overview of the articles produced by the panelists at that Symposium.
- Advancing the Rights of Young People in Juvenile Justice: The Impact of Juvenile Law Center
- Ursula Kilkelly, Professor, School of Law, University College Cork, Ireland
- This Article explores the work of Juvenile Law Center (JLC) in two ways. First, it presents an analysis of some of the important issues litigated by JLC in recent years, outlining the reforms achieved. Second, it examines JLC’s use of litigation, discusses the “how” of bringing about legal change and reform, and presents a reflection on the wider impact of this strategic approach to public interest litigation.
- Selling Kids Short: How “Rights for Kids” Turned into “Kids for Cash”
- Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law, New York University School of Law and Randy Hertz, Vice Dean and Professor of Clinical Law, New York University School of Law
- The Article argues that trial advocacy and evidence professors should capitalize on their collective knowledge and influence and propose to the Advisory Committee on the Federal Rules of Evidence a set of uniform, analytically sound Model Rules for Demonstrative Evidence.
- Juvenile Sentencing Reform in a Constitutional Framework
- Elizabeth Scott, Harold R. Medina Professor of Law, Columbia University; Thomas Grisso, Professor of Psychiatry (Clinical Psychology) Emeritus, University of Massachusetts Medical School; Marsha Levick, Deputy Director and Chief Counsel, Juvenile Law Center; and Laurence Steinberg, Distinguished University Professor and Laura H. Carneal Professor of Psychology, Temple University
- This Article provides guidance based on the Supreme Court’s recent Eighth Amendment analysis and on the principles the Court has articulated and addresses the key issues facing courts and legislatures under this new constitutional regime.
- “Bitch,” Go Directly To Jail: Student Speech and Entry into the School-To-Prison Pipeline
- Catherine J. Ross, Professor of Law at the George Washington University Law School
- This Article examines the nexus that connects constitutionally protected expression, violations of school speech codes, and school exclusion.
- Developmental Jurisprudence
- Emily Buss, Mark and Barbara Fried Professor of Law, University of Chicago Law School
- This Article focuses on the limitations of the “developmental approach” to handling juvenile defenders. It suggests that the relational aspect of development and its relevance to law should be acknowledged, and calls for a “developmental jurisprudence” that recognizes law as a developmental agent.
- When Does a Juvenile Become an Adult? Implications for Law and Policy
- Alexandra O. Cohen, Sackler Institute, Weill Cornell Medical College; Richard J. Bonnie, University of Virginia School of Law; Kim Taylor-Thompson, New York University School of Law; and BJ Casey, Psychology Department, Yale University; Sackler Institute, Weill Cornell Medical College
- This Article examines the implications of recent developmental science for the legal definition of adulthood for ongoing reforms of the juvenile justice system and possibly for other social policies.
- Juveniles Adjudicated for Sexual Offenses: Fallacies, Facts, and Faulty Policy
- Amanda M. Fanniff, Ph.D., Palo Alto University; Alex R. Piquero, Ph.D., University of Texas at Dallas; Edward P. Mulvey, Ph.D., University of Pittsburgh Medical Center; Carol A. Schubert, MPH, University of Pittsburgh Medical Center; and Anne-Marie R. Iselin, Ph.D., University of North Carolina-Wilmington
- This Article provides a brief overview of the specialized social control policies applied to juveniles adjudicated for sexual offenses (JSOs), followed by a review of the existing literature regarding whether this population presents unique risk or treatment needs meriting specialized approaches.
- “You’re on the Right Track!” Using Graduated Response Systems to Address Immaturity of Judgment and Enhance Youths’ Capacities to Successfully Complete Probation
- Naomi E.S. Goldstein, Associate Professor of Psychology at Drexel University; Amanda NeMoyer, doctoral candidate in the JD/PhD Program in Law and Psychology at Drexel University; Elizabeth Gale-Bentz, doctoral student in clinical psychology at Drexel University; Marsha Levick, Deputy Director and Chief Counsel for the Juvenile Law Center; Jessica Feierman, Associate Director of the Juvenile Law Center and adjunct faculty member at University of Pennsylvania and Temple University Law Schools
- This Article proposes a developmentally informed probation model utilizing existing research on adolescent development and behavior modification. It then considers the broader legal and policy contexts of such a model.
- Foster Care Reentry Laws: Mending the Safety Net for Emerging Adults in the Transition to Independence
- Bruce A. Boyer, Clinical Professor and Director, Civitas ChildLaw Clinic, Loyola University Chicago School of Law
- The Article examines of the concept of emerging adulthood and the challenges unique to youth transitioning from foster care to independence. It considers the reasons why some youth—despite the weight of the burdens they will carry while trying to stand on their own—still choose to leave the relative security of foster care prematurely. Finally, it examines the growing number of states that have experimented with permitting older youth to reenter care after trial independence, and ends with recommendations for states that have yet to consider whether to extend this critical safety net for some of the nation’s most vulnerable youth as they seek to stand on their own.
- Adverse Consequences and Constructive Opportunities for Immigrant Youth in Delinquency Proceedings
- Theo Liebmann, Clinical Professor of Law and Director of Clinical Programs, Maurice A. Deane School of Law at Hofstra University
- For lawyers representing youth in juvenile delinquency cases, providing sound, knowledgeable counsel on immigration issues can empower clients to make informed decisions and help protect clients from potential adverse immigration consequences. This Article closely examines those consequences and opportunities.
- Balancing Autonomy and Protection in Children’s Rights: A South African Account
- Ann Skelton, Director, Centre for Child Law and Professor of Law, University of Pretoria
- This Article tells the story of two South African Constitutional Court cases. The first dealt with minimum sentences for sixteen- and seventeen-year-olds, the second with the criminalization of consensual sex between adolescents aged twelve to sixteen years. The decision about whether to rely on neuroscientific evidence in the first case was affected by the fact that the legal team already knew that the second case would be brought.
- Child-Friendly Justice: Protection and Participation of Children in the Justice System
- Ton Liefaard, UNICEF Professor of Children’s Rights at Leiden Law School, the Netherlands
- This Article aims to explore the meaning of the concept of child-friendly justice for the legal status of children subject to (juvenile) criminal justice proceedings and the meaning of the Guidelines on Child-Friendly Justice in furthering this legal status.
- The Developmental Perspective and Intersectionality
- Theresa Glennon, Professor of Law, Beasley School of Law at Temple University
- This Article discusses two crucial aspects of the story of the lust for punishment directed at juveniles over the past forty years. First, why did the dominant society fail to see the adolescent development issues? How did it fall prey to the “superpredator” theory and other mythologies about our children and youth? Second, how should we think about development issues with populations in which most youth diverge from “normal” adolescent development?
- Interview with Emily Bazelon
- Emily Bazelon, staff writer at The New York Times Magazine and Truman Capote fellow for creative writing and law at Yale Law School
- Juvenile Law Center co-founder Bob Schwartz discusses issues of juvenile justice with author and journalist Emily Bazelon.