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Author: David S. Tanenhaus Publisher: University Press of Kansas ISBN: 0700625046 Category : Law Languages : en Pages : 192
Book Description
This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.
Author: David S. Tanenhaus Publisher: University Press of Kansas ISBN: 0700625046 Category : Law Languages : en Pages : 192
Book Description
This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.
Author: Trude Haugli Publisher: Brill Nijhoff ISBN: 9789004382800 Category : Children Languages : en Pages : 0
Book Description
This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.
Author: Jeffrey Shulman Publisher: Yale University Press ISBN: 0300206747 Category : Law Languages : en Pages : 358
Book Description
In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. Shulman’s illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility—as a sacred trust, not a sacred right—we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.
Author: Nancy E. Walker Publisher: SAGE ISBN: 0803951043 Category : Family & Relationships Languages : en Pages : 289
Book Description
The Rights of Children in the United States provides discussion on: the historical and contextual perspective on the rights of children; the UN Convention on the Rights of the Child; and the differing views on children's rights and competencies.
Author: Janet W. Steverson Publisher: Routledge ISBN: 1136066586 Category : Law Languages : en Pages : 478
Book Description
This is the third volume in the three volume collection Children and the Law. Volume three, Child v.s. State, explores the rights of children against the state. Areas treated in this volume include freedom of speech, (the restriction of newspapers, music, arm-bands, etc.) the right of a minor to refuse medical treatment, and a minor's right to contraception and abortion with ad without parental consent. This volume also includes the rights of minors to separate from their legal parents; the rights of children to know their biological parents in the case of adoption; and the rights of children resisting repatriation to relatives outside the United States.
Author: Kathleen Krull Publisher: HarperCollins ISBN: 0062352326 Category : Juvenile Nonfiction Languages : en Pages : 165
Book Description
Which 462 words are so important that they've changed the course of American history more than once? The Bill of Rights: the first ten amendments to the Constitution, the crucial document that spells out how the United States is to be governed. Packed with anecdotes, sidebars, case studies, suggestions for further reading, and humorous illustrations, Kathleen Krull's introduction to the Bill of Rights brings an important topic vividly to life. Whether you're a middle grader or high schooler or even an adult, and whether you're looking to expand your knowledge or to reearch a report, the format of this "kids' guide" makes the information understandable and interesting. Find out what the Bill of Rights is and how it affects your daily life in this fascinating look at the history, significance, and mysteries of these laws that are designed to protect the individual freedoms of Americans—including young people. Some of the questions addressed in this easy-to-follow book: Why did early American founders argue that individuals needed a Bill of Rights to protect them from government? Why is freedom of speech so thrilling and so controversial? What is religious intolerance, and when can it be fatal? What does it really mean to take the Fifth? How does the Bill of Rights affect the rights of kids?
Author: Jonathan Todres Publisher: Oxford University Press ISBN: 0190097620 Category : Law Languages : en Pages : 797
Book Description
Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.
Author: Martin Guggenheim Publisher: Harvard University Press ISBN: 9780674038028 Category : Law Languages : en Pages : 308
Book Description
"Children's rights": the phrase has been a legal battle cry for twenty-five years. But as this provocative book by a nationally renowned expert on children's legal standing argues, it is neither possible nor desirable to isolate children from the interests of their parents, or those of society as a whole. From foster care to adoption to visitation rights and beyond, Martin Guggenheim offers a trenchant analysis of the most significant debates in the children's rights movement, particularly those that treat children's interests as antagonistic to those of their parents. Guggenheim argues that "children's rights" can serve as a screen for the interests of adults, who may have more to gain than the children for whom they claim to speak. More important, this book suggests that children's interests are not the only ones or the primary ones to which adults should attend, and that a "best interests of the child" standard often fails as a meaningful test for determining how best to decide disputes about children.
Author: Trude Haugli Publisher: BRILL ISBN: 900438281X Category : Law Languages : en Pages : 440
Book Description
The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.
Author: David S. Tanenhaus
Author: David S. Tanenhaus
Author: Trude Haugli
Author: Jeffrey Shulman
Author: Nancy E. Walker
Author: Library of Congress. Congressional Research Service. American Law Division
Author: Janet W. Steverson
Author: Kathleen Krull
Author: Jonathan Todres
Author: Martin Guggenheim
Author: Trude Haugli