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9780735524583

Children, Parents, and the Law

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  • ISBN13:

    9780735524583

  • ISBN10:

    0735524580

  • Format: Hardcover
  • Copyright: 2002-04-01
  • Publisher: Aspen Law & Business
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List Price: $99.00

Summary

Ideally suited for child-focused courses that deal with the juvenile justice system or child-parent issues. This concise new casebook offers a perfect balance of scope and depth. Developed from the authors' successful Family Law casebook, Children, Parents, And The Law zeroes in on: Rights of Children, Parents, And The State Decisions About Medical Care the Juvenile Court Child Abuse and Neglect the authors draw on their own classroom experience and: utilize a series of problems throughout the book some short, others longer and more complex to explore each topic take an interdisciplinary approach, drawing information from psychology and sociology where appropriate maintain a balanced perspective in their coverage of the issues, with no ideological bias provide sufficient coverage of juvenile courts to make the book extremely effective in courses with that focus

Author Biography

Lee E. Teitelbaum is Allan R. Tessler Dean and Professor of Law, Cornell Law School.

Table of Contents

Preface xxvii
Acknowledgments xxix
I PARENT, CHILD, AND STATE: RIGHTS AND INTERESTS 1(312)
Rights of Children, Parents, and the State: The Education and Rearing of Children
3(126)
Introduction
3(15)
The Rights of Children
5(1)
Teitelbaum, Foreword: The Meanings of Rights of Children
5(4)
The Rights of Parents
9(1)
Archard, Children: Rights and Childhood
10(3)
Schoeman, Rights of Children, Rights of Parents, and the Moral Basis of the Family
13(2)
Lacher v. Venus
15(1)
Fried, Right and Wrong
16(1)
Garvey, Freedom and Choice in Constitutional Law
16(1)
Goldstein, Freud, & Solnit, Beyond the Best Interests of the Child
17(1)
Rights and Interests in Connection with Education
18(111)
The Child's ``Right'' to Education
18(1)
Plyler v. Doe
19(6)
Notes and Questions
25(2)
Problems
27(1)
Note: Bilingual Education
28(2)
Board of Education v. Rowley
30(6)
Notes and Questions
36(3)
Problems
39(1)
Cedar Rapids Community School District v. Garret F.
39(4)
Notes and Questions
43(1)
Problem
44(1)
Parental Authority and the Right to Education
44(1)
Teitelbaum, Family History and Family Law
44(2)
Galston, Liberal Purposes
46(1)
Gutmann, Democratic Education
47(3)
McConnell, Old Liberalism, New Liberalism, and People of Faith
50(1)
Notes and Questions
51(1)
Meyer v. Nebraska
52(2)
Pierce v. Society of Sisters
54(1)
Woodhouse, ``Who Owns the Child?'': Meyer and Pierce and the Child as Property
55(2)
Notes and Questions
57(1)
Prince v. Commonwealth of Massachusetts
58(4)
Notes and Questions
62(1)
Wisconsin v. Yoder
63(9)
Notes and Questions
72(3)
Problem
75(1)
Parental Choice and the Public School Curriculum
75(2)
Duro v. District Attorney
77(3)
Notes and Questions
80(3)
Problems
83(2)
Brown v. Hot, Sexy, and Safer Productions
85(4)
Notes and Questions
89(4)
Problem
93(1)
Swanson v. Guthrie Independent School District No. 1-L
94(4)
Notes and Questions
98(2)
Mitchell v. Helms
100(9)
Problem
109(2)
Friedman, Capitalism and Freedom
111(3)
Heise, Equal Educational Opportunity and Constitutional Theory: Preliminary Thoughts on the Role of School Choice and the Autonomy Principle
114(3)
Aldana, When the Free-Market Visits Public Schools: Answering the Roll Call for Disadvantaged Students
117(2)
Program on Educational Policy and Governance, Harvard University, An Evaluation of the Cleveland Voucher Program
119(2)
Prayer and Religious Curricula in Public Schools
121(1)
Santa Fe Independnent School District v. Doe
122(4)
Notes and Questions
126(3)
Rights of Children, Parents, and the State: Children's Rights as Autonomy Claims
129(102)
Children's Rights as Autonomy Claims
129(102)
Introduction
129(1)
Mill, On Liberty
130(1)
Locke, The Second Treatise on Government
131(1)
Hart, Are There Any Natural Rights?
131(1)
The Speech Rights of Minors
132(1)
In General
132(1)
Emerson, The System of Freedom of Expression
132(1)
Notes and Questions
133(1)
Ginsberg v. New York
134(3)
Notes and Questions
137(3)
Reno v. American Civil Liberties Union
140(7)
Ross, Anything Goes: Examining the State's Interest in Protecting Children from Controversial Speech
147(2)
Notes and Questions
149(1)
In Schools Smalla, Smolla and Nimmer on Freedom of Speech
150(1)
Buss, School Newspapers, Public Forum, and the First Amendment
151(1)
Tinker v. Des Moines Independent Community School District
152(4)
Notes and Questions
156(2)
Problems
158(1)
Bethel School District No. 403 v. Fraser
159(3)
Notes and Questions
162(1)
Problems
162(1)
Hazelwood School District v. Kuhlmeier
163(7)
Notes and Questions
170(3)
Problems
173(1)
Rights to Reproductive Decision-Making
174(1)
Planned Parenthood of Central Missouri v. Danforth
174(2)
Notes and Questions
176(2)
Carey v. Population Services International
178(2)
Notes and Questions
180(2)
Problem
182(1)
Bellotti v. Baird
183(7)
Notes and Questions
190(6)
Hodgson v. Minnesota
196(12)
Notes and Questions
208(1)
Problems
209(1)
Minow, Rights for the Next Generation: A Feminist Approach to Children's Rights
210(1)
Teitelbaum, Children's Rights and the Problem of Equal Respect
211(5)
Problem
216(1)
Gonzalez v. Reno
216(7)
Polovchak v. Meese
223(4)
Dworkin, Consent, Representation, and Proxy Consent
227(4)
Decisions About Medical Care
231(82)
The Constitutional Framework
232(12)
Parham v. J.R.
232(7)
Teitelbaum & Ellis, The Liberty Interest of Children: Due Process Rights and Their Application
239(1)
Notes and Questions
240(3)
Schmidt, Note & Comment: ``Who Are You to Say What My Best Interest Is?'' Minors' Due Process Rights When Admitted by Parents for Inpatient Mental Health Treatment
243(1)
State Authority When Parents Decline Medical Treatment
244(12)
In re Phillip B.
244(3)
Guardianship of Phillip B.
247(4)
Notes and Questions
251(3)
Problem
254(1)
In re Nikolas E.
255(1)
A.D.H. v. State Department of Human Resources
256(1)
The Role of Religious Belief
256(15)
In the Matter of Tara Cabrera
256(8)
Weisbrod, Communal Groups and the Larger Society: Legal Dilemmas in Community Societies
264(2)
Dwyer, Spiritual Treatment Exemptions to Child Medical Neglect Laws: What We Outsiders Should Think
266(2)
Notes and Questions
268(3)
Are the Rules for Infants Different?
271(10)
Dialog on the Question of Baby Doe
273(2)
U.S. Commission on Civil Rights, Medical Discrimination Against Children with Disabilities
275(1)
Fine, Government as God: An Update on Federal Intervention in the Treatment of Critically Ill Newborns
275(3)
Problem
278(3)
Adolescents' Views About Their Own Care
281(10)
Wadlington, Medical Decision Making for and by Children: Tensions Between Parent, State, and Child
281(1)
Commonwealth v. Nixon
282(6)
Notes and Questions
288(2)
Problems
290(1)
Beyond Treatment - Organ Donation and Medical Experimentation
291(22)
Organ Donation
Curran v. Bosze
292(7)
Notes and Questions
299(1)
Research with Children
299(1)
Part 46---Protection of Human Subjects, Subpart D---Additional Protections for Children Involved as Subjects in Research
300(3)
Notes and Questions
303(1)
T.D. v. New York State Office of Mental Health
304(7)
Notes and Questions
311(2)
II JUVENILE COURTS AND DELINQUENCY 313(418)
The Theory of the American Juvenile Court
315(184)
Introduction
315(5)
The Theory of the American Juvenile Court
320(44)
The Origins and Method of the Juvenile Court
320(1)
Rothman, Conscience and Convenience: The Asylum and Its Alternatives in Progressive America
320(3)
Lathrop, The Background of the Juvenile Court in Illinois
323(1)
Mack, The Juvenile Court
324(1)
Notes and Questions
325(2)
Substance and Procedure in the Traditional Juvenile Court
327(1)
The Scope of Jurisdiction and Progressive Policy
327(2)
Sanctions and Progressive Policy
329(2)
Procedure and Progressive Policy
331(1)
In re Gault
332(3)
Notes and Questions
335(3)
The Questioning of Juvenile Court Theory and Practice
338(1)
Stapleton & Teitelbaum, In Defense of Youth: A Study of the Role of Counsel in American Juvenile Courts
338(2)
In re Gault
340(7)
Notes and Questions
347(2)
Early Interpretations of Gault
349(3)
Notes and Questions
352(1)
Consolidation or Retrenchment
352(1)
McKeiver v. Pennsylvania
353(2)
Notes and Questions
355(2)
Schall v. Martin
357(2)
Notes and Questions
359(2)
Reno v. Flores
361(3)
Notes and Questions
364(1)
Juvenile Court Jurisdiction Over Misconduct by Children
364(33)
The Responsibility of Youths for Criminal Misconduct
364(2)
State v. Griffith
366(1)
Notes and Questions
367(2)
In re Devon T.
369(5)
Melton, Taking Gault Seriously: Toward a New Juvenile Court
374(2)
Scott, Reppucci, & Woodlard, Evaluating Adolescent Decision Making in Legal Contexts
376(1)
Notes and Questions
376(1)
Problem
377(2)
Kadish, Complicity, Cause and Blame: A Study in the Interpretation of Doctrine
379(1)
State v. Toscano
380(2)
Fletcher, The Individualization of Excusing Conditions
382(1)
Jackson & McBride, Understanding Street Gangs
383(1)
U.S. Department of Justice, U.S. Marshall's Service, Street Gangs: Bloods and Crips
384(1)
The Responsibility of Parents for Delinquent Behavior
385(2)
Williams v. Garcetti
387(7)
Notes and Questions
394(1)
Problems
395(2)
Rethinking the Juvenile Court Experiment: Removal of Minors from the Juvenile Court
397(39)
Feld, Juvenile and Criminal Justice Systems' Responses to Youth Violence
400(2)
The Importance of the Transfer Decision
402(1)
Kent v. United States
402(1)
Commonwealth v. Wayne W.
403(4)
Notes and Questions
407(3)
Mechanisms for Transferring Jurisdiction
410(1)
Judicial Waiver
410(1)
In the Interest of C.A.H. and B.A.R.
410(6)
Notes and Questions
416(2)
Problem
418(1)
Curtailing or Eliminating Juvenile Court Jurisdiction: A Problem in Law and Policy
418(1)
Problem
418(3)
Office of Juvenile Justice and Delinquency Prevention, Comprehensive Strategy for Serious, Violent, and Chronic Offenders
421(1)
Butts, Offenders in Juvenile Court
422(1)
Suffredini, Note, Juvenile Gunslingers: A Place for Punitive Philosophy in Rehabilitive Juvenile Justice
423(1)
Hirschi & Gottfredson, Rethinking the Juvenile Justice System
424(1)
Tracy, Wolfgang, & Figlio, Delinquency in Two Birth Cohorts: Executive Summary
425(1)
OJJDP, Comprehensive Strategy
426(1)
Snyder & Sickmund, Juvenile Offenders and Victims: 1999 National Report
426(1)
Feld, Violent Youth and Public Policy: A Case Study of Juvenile Justice Law Reform
427(1)
Allen, Foreword: The Changing Borders of Juvenile Justice: Transfer of Adolescents to the Criminal Court
428(1)
Singer & McDowall, Criminalizing Delinquency: The Deterrent Effect of the New York Juvenile Offender Law
428(2)
Jensen & Metsger, A Test of the Deterrent Effect of Legislative Waiver on Violent Juvenile Crime
430(1)
Feld, Juvenile and Criminal Justice Systems' Responses to Youth Violence
430(3)
Bishop & Frazier, Consequences of Transfer
433(2)
Amorose, Reforming the Juvenile Justice System
435(1)
McShane & Williams, The Prison Adjustment of Juvenile Offenders
436(1)
Parent-Child Conflict and Status Offenses in the Juvenile Court
436(63)
Status Offense Jurisdiction
437(1)
Teitelbaum, Juvenile Status Offenders
437(4)
District of Columbia v. B.J.R.
441(3)
Notes and Questions
444(1)
In the Matter of Lori M.
444(3)
Mahoney, Pins and Parents
447(2)
Notes and Questions
449(1)
Chesney-Lind, Will the Juvenile Court System Survive?: Challenging Girls' Invisibility in Juvenile Court
450(3)
Teitelbaum, Status Offenses and Status Offenders
453(3)
Hutchins v. District of Columbia
456(13)
Notes and Questions
469(3)
City of Chicago v. Morales
472(6)
Notes and Questions
478(3)
People ex rel. Gallo v. Acuna
481(7)
Livingston, Police Discretion and the Quality of Life in Public Places: Courts, Communities, and the New Policing
488(6)
Emancipation
494(1)
``Common Law'' Emancipation
494(1)
Legislative Approaches
494(2)
Notes and Questions
496(1)
Problems
497(2)
The Juvenile Court: Rights and Procedures Prior to Trial
499(102)
Children, Police, and the State
499(66)
Arrest, Search, and Seizure
499(1)
Lanes v. State
499(7)
In the Matter of Bernard G.
506(3)
Notes and Questions
509(2)
Problem
511(1)
New Jersey v. T.L.O.
511(10)
Vernonia School District 47J v. Acton
521(5)
Notes and Questions
526(1)
Joy v. Penn-Harris-Madison School Corp.
527(8)
Notes and Questions
535(3)
Problems
538(1)
Note: Consent
539(1)
In the Interest of Salyer
540(4)
Notes and Questions
544(1)
Interrogations and Confessions
545(1)
Fare v. Michael C.
546(8)
Notes and Questions
554(1)
State v. Fernadez
555(6)
Notes and Questions
561(3)
Problem
564(1)
Pre-Adjudication Processes
565(36)
Intake and Diversion
565(5)
State v. Quiroz
570(4)
Notes and Questions
574(3)
Detention
577(1)
Schall v. Martin
578(5)
Notes and Questions
583(2)
Fagan & Guggenheim, Preventive Detention and the Judicial Prediction of Dangerousness of Juveniles: A Natural Experiment
585(4)
State v. M.L.C.
589(3)
Notes and Questions
592(2)
H.C. v. Jarrard
594(4)
Notes and Questions
598(3)
The Juvenile Court: Rights and Procedures at Adjudication and Disposition
601(130)
Adjudication
601(37)
Notice of Charges
601(2)
Notes and Questions
603(1)
Competence to Stand Trial
604(1)
In the Matter of the Welfare of D.D.N.
604(4)
Grisso, The Competence of Adolescents as Trial Defendants
608(5)
Notes and Questions
613(2)
Problem
615(1)
Double Jeopardy
616(1)
Breed v. Jones
616(4)
Notes and Questions
620(1)
In the Interest of R.L.K., a Minor
621(2)
Notes and Questions
623(1)
Jury Trial
624(1)
In the Interest of J.F. and G.G.
624(6)
Notes and Questions
630(1)
Speedy Trial
631(1)
In the Matter of Darcy S.
631(5)
Notes and Questions
636(1)
The ``Guilty'' Plea
637(1)
Disposition
638(54)
Dispositional Standards
638(1)
Lou, Juvenile Courts in the United States
638(2)
In the Interest of A.M.H.
640(3)
In the Matter of the Welfare of J.A.J.
643(3)
Notes and Questions
646(1)
Feld, Juvenile and Criminal Justice Systems' Responses to Youth Violence
647(7)
Notes and Questions
654(2)
In the Matter of the Welfare of S.J.G.
656(7)
Notes and Questions
663(1)
Problem
663(1)
Taylor v. Robinson
664(5)
Notes and Questions
669(1)
Problem
669(1)
Dispositional Alternatives
670(1)
In the Matter of A.L.J.
670(3)
Notes and Questions
673(1)
Alexander S. v. Boyd
674(14)
Butterfield, U.S. and Georia in Deal to Improve Juvenile Prisons
688(2)
Notes and Questions
690(2)
Counsel for Children and Parents
692(39)
The Right to Counsel
692(1)
In re J.B.
693(1)
Notes and Questions
694(1)
In re Manuel R.
695(8)
Notes and Questions
703(1)
The Role of Counsel
703(1)
Institute for Judicial Administration---American Bar Association, Juvenile Justice Standards Project, Standards Relating to Counsel for Private Parties
703(4)
Federle, The Ethics of Empowerment: Rethinking the Role of Lawyers in Interviewing and Counseling the Child Client
707(2)
In re J.B.
709(4)
Notes and Questions
713(1)
In the Interest of LDO
714(3)
Notes and Questions
717(2)
Cooper, Puritz, & Shang, Fulfilling the Promise of In re Gault: Advancing the Role of Lawyers for Children
719(4)
Problem
723(8)
III CHILD ABUSE AND NEGLECT 731(198)
Defining and Discovering Child Abuse and Neglect
733(62)
The Meanings of Child Abuse and Neglect
733(41)
Sedlak & Broadhurst, Executive Summary of the Third National Incidence Study of Child Abuse and Neglect
734(4)
Problem
738(1)
State v. Kargar
738(4)
Notes and Questions
742(1)
Problems
742(3)
Physical Abuse
745(1)
State v. Kaimimoku
745(4)
Notes and Questions
749(2)
Problems
751(1)
Sexual Abuse
752(1)
Larson et al., Sexual Abuse of Children: Recommendations and Analysis
752(1)
John D. v. Department of Social Services
753(4)
Notes and Questions
757(1)
Problem
758(1)
Physical and Emotional Neglect
759(1)
In the Interest of N.M.W.
760(2)
Notes and Questions
762(1)
Problems
763(1)
Failure to Protect
764(1)
In The Matter of Glenn G.
764(5)
Notes and Questions
769(1)
Liang & MacFarlane, Murder by Omission: Child Abuse and the Passive Parent
770(1)
Miccio, A Reasonable Battered Mother? Redefining, Reconstructing, and Recreating the Battered Mother in Child Protective Proceedings
771(1)
Findlater & Kelly, Child Protective Services and Domestic Violence
771(2)
Problems
773(1)
Discovery and Investigation of Child Abuse and Neglect
774(21)
Child Abuse Reporting Statutes
774(1)
Agency Response to Reports
775(2)
Notes and Questions
777(1)
Tenenbaum v. Williams
778(14)
Notes and Questions
792(1)
Problems
793(2)
The Child Welfare System
795(90)
Schene, Past, Present, and Future Roles of Child Protective Services
795(5)
U.S. Department of Health and Human Services, Children's Bureau, Executive Summary, National Study of Protective, Preventive and Reunification Services Delivered to Children and Their Families
800(2)
Jurisdiction and Disposition
802(14)
National Institute for Juvenile Justice and Delinquency Prevention, A Comparative Analysis of Standards and State Practices: Abus and Neglect
803(1)
In re Smith
804(3)
Notes and Questions
807(3)
In re M.L.
810(4)
Notes and Questions
814(2)
Reaonable Efforts to Prevent Removal and Reunite
816(11)
In the Interest of N.M.W.
817(2)
National Clearinghouse on Child Abuse and Neglect Information, Acts of Omission: An Overview of Child Neglect
819(1)
Notes and Questions
819(2)
Guggenheim, Somebody's Children: Sustaining the Family's Place in Child Welfare Policy
821(2)
Problems
823(1)
G.B. v. Dearborn County Division of Family and Children
823(4)
Notes and Questions
827(1)
Postdisposition - Implementing the Plan for Permanency
827(13)
The Supervisory Role of the Juvenile Court
829(1)
Harris, Rethinking the Relationship Between Juvenile Courts and Treatment Agencies - An Administrative Law Approach
830(1)
Suits to Enforce Rights Under Federal Child Welfare Statutes
831(1)
The Persistence of the Foster Care Issue and Continuing Reform Efforts
832(1)
U.S. Department of Health and Human Services, Children's Bureau, Executive Summary, National Study of Protective, Preventive and Reunification Services Delivered to Children and Their Families
832(1)
Smith v. Organization of Foster Families for Eqality and Reform
833(4)
Notes and Questions
837(2)
Department of Health and Human Services, Children's Bureau, Report to the Congress on Kinship Foster Care
839(1)
Termination of Parental Rights
840(28)
Grounds for Termination
841(2)
Daria D. v. Superior Court
843(3)
In re Casey D.
846(5)
Notes and Questions
851(1)
Problems
852(2)
Procedural Issues
854(1)
Santosky v. Kramer
854(4)
Notes and Questions
858(2)
Sinden, ``Why Won't Mom Cooperatie?'': A Critique of Informality in Child Welfare Proceedings
860(3)
Department of Health and Human Services, Children's Bureau, Adoption 2002: The President's Initiative on Adoption and Foster Care Guidelines for Public Policy and State Legislation Governing Permanence for Children
863(5)
Challenges and Alternatives to the Current System
868(9)
Gelles & Schwartz, Children and the Child Welfare System
868(1)
Roberts, Is There Justice in Children's Rights?: The Critique of Federal Family Preservation Policy
869(7)
Mangold, Extending Non-Exclusive Parenting and the Right to Protection for Older Foster Children: Creating Third Options in Permanency Planning
876(1)
Children's Advocates in Abuse and Neglect Cases
877(8)
Department of Health and Human Services, Children's Bureau, Adoption 2002: The President's Initiative on Adoption and Foster Care Guidelines for Public Policy and State Legislation Governing Permanence for Children
879(4)
Department of Health and Human Services, Children's Bureau, Adoption 2002: The President's Initative on Adoption and Foster Care Guidelines for Public Policy and State Legislation Governing Permanence for Children
883(2)
Criminal Prosecution of Child Abuse and Neglect
885(44)
When to Punish and Why?
885(11)
U.S. Attorney General's Task Force on Family Violence, Final Report
886(1)
Meyers, The Legal Response to Child Abuse: In the Best Interst of Children
887(3)
Barrett v. State
890(3)
Notes and Questions
893(3)
Problems
896(1)
Coordinating Criminal and Juvenile Court Proceedings
896(10)
Sprague & Hardin, Coordination of Juvenile and Criminal Court Child Abuse and Neglect Proceedings
896(4)
In the Matter of the Welfare of J.W. and A.W.
900(3)
Notes and Questions
903(3)
Special Evidentiary Problems
906(23)
State v. Tanner
907(6)
Notes and Questions
913(3)
Maryland v. Craig
916(5)
Notes and Questions
921(6)
Problem
927(2)
Table of Cases 929(6)
Index 935

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