Scrutinizing Juvenile Curfews: Constitutional Standards & the Fundamental Rights of Juveniles & Parents

I think I should be the one setting the curfew, not the town. \u27 Not surprisingly, juvenile curfew laws can elicit two opposing viewpoints. The first viewpoint, exemplified by the quote above, is that juvenile curfew laws, in any form, infringe on individual rights and are rarely, if ever, constitutional. The imposition is borne not only by the juveniles subject to the curfew, but also by their parents. The second viewpoint is that juvenile curfews serve at least two very important state purposes: they deter juveniles from committing crimes and protect them from being the victims of crimes perpetrated at night.! This conflict of viewpoints illustrates the battle between the individual rights of juveniles and their parents and the interests of the state in deterring crime and protecting its citizens. Courts have differing views on how to approach and analyze the validity and constitutionality of juvenile curfews.\u27 At the crux of this division among courts are the different standards of scrutiny applied by the courts when dealing with curfews. The Equal Protection Clause provides three possible standards for courts to use when deciding on the constitutionality of juvenile curfews: strict scrutiny, intermediate scrutiny, and rational basis review. As courts arrive at different conclusions as to which standard is appropriate in juvenile curfew cases, they likewise arrive at different, and often conflicting, holdings.\u27 This Note seeks to take a step back from the scholarship concerning juvenile curfews and analyze the possible standards of scrutiny under the Equal Protection Clause that are available to courts within the context of juvenile curfew laws and juvenile rights protected by the Equal Protection Clause. Instead of merely summarizing the decisions reached by courts on the issue\u27 or attempting to find a perfect and foolproof way to draft a curfew law or ordinance, this Note starts from the premise that the standard of analysis a court chooses to employ is more important than the exact wording of the curfew in question. The conflicting results reached by courts are in large part due to the different standards utilized by the courts and the lack of a unified approach in dealing with juvenile curfews. Lack of consistency in the selection of an appropriate judicial standard of analysis was demonstrated quite clearly in the opinions written by the judges in Hutchins ex rel. Owens v. District of Columbia. A three-judge panel reviewed the constitutionality of Washing- ton, D.C.\u27s juvenile curfew, and all three judges wrote a separate opinion, each judge using a different standard of scrutiny. This Note concludes that the appropriate standard of analysis for juvenile curfews is an intermediate standard of scrutiny. This standard takes into account the fact that the rights at issue when dealing with juvenile curfews should not trigger the highest level of scrutiny available. The intermediate level of analysis, requiring a significant [state] interest and a substantial fit, provides the most appropriate standard for courts to use when deciding the constitutionality of juvenile curfews because it strikes the appropriate balance between protection of the rights at issue and the interests the state has in protecting its citizens. In Part II, this Note provides a brief introduction to juvenile curfew ordinances, examining their common characteristics and the states\u27 reasons for their implementation. Part III then describes the three levels of scrutiny available to courts when deciding a curfew\u27s constitutionality under the Equal Protection Clause. It begins with rational basis review, the most deferential standard available. Fol- lowing the discussion of rational basis review, Part III then addresses both strict and, finally, intermediate scrutiny. After a discussion of each standard, Part III examines the specific application of each to juvenile curfew ordinances. Part IV explores the rights implicated by juvenile curfew ordinances and focuses on the rights of the children and young adults subject to the restriction. This Part also examines the claims of juveniles to fundamental rights, such as the right to freedom of movement, often claimed to be infringed upon by curfew ordinances. Part V then examines the right of parents to raise their children as they see appropriate without undue state interference--a factor of analysis that becomes important when dealing with the restrictions imposed by juvenile curfews. Part VI combines the discussion of scrutiny and individual rights and argues that the appropriate standard of analysis for courts to use when determining the constitutionality of juvenile curfews is intermediate scrutiny. Intermediate scrutiny is the only standard that strikes the appropriate balance between the rights at stake and the interests of the state in protecting juveniles and preventing crime

Determinants of legislative staff turnover

"Senator Pearson's remarks leading up to the Legislative Reorganization Act of 1970 make an important point: Congress cannot rely on outside actors, particularly the same branch that it is mandated to oversee, to conduct policy research and draft legislation. Instead, Congress must build its capacity and expertise by investing in its own staff to compete with, and effectively oversee, the executive branch. While Senator Pearson's comments shed light on the importance of investing in legislative staff, his comments fall short of another point: Congress can invest in its capacity by increasing the number of staff for members', but if Congress cannot retain its most qualified and expert staff, congressional capacity is at risk. Broadly, my dissertation seeks to understand staff employment and work environments at both the congressional and state level with an emphasis on staff turnover to understand modern legislative capacity for policy development and constituent service. ... By studying what variables influence staffer intention to leave and by observing turnover intra-institutionally, my dissertation has important implications for the study of Congress and state legislatures. Recent work on Congress suggests the best way to increase institutional capacity is not to increase members' representational allowances for staff or the number of staff, but rather, to retain the most experienced people they have (Crossoen et al. 2018). A key contribution of my research is that it may help legislators identify policies to retain staff, and in turn, aid institutional capacity. I begin by providing a broad overview of the congressional literature to position staff as the missing component. Next, I detail the growing body of work on congressional staff and the more the limited work on staff in state legislatures, before turning my focus to my three empirical analyses of legislative staff turnover."--Introduction.Includes bibliographical reference

Shape coexistence in the odd-odd neutron-rich nucleus 98Y studied in the interacting boson model

Data on levels in 98Y have been investigated and interpreted using recently published information on band structure in this region. Calculation in the IBM framework suggests that the 1182 keV isomer is spherical 10- state with π g9/2 ν h11/2 configuration. This assignment implies that the 8.0 microsecond bandhead at 496 keV is a 4- state with highly probable π(422)5/2 ν(541)3/2 configuration. The level structure of 98Y is well reproduced by coupling the levels of its both spherical and deformed odd-A neighbors and the origin of the isomeric states is understood

MRI Findings After a Subchondroplasty Procedure of the Ankle: A Case Report

Osteoarthritis (OA) of the ankle is a common disease and it is estimated that almost 1% of the world’s adult population have a painful ankle. Often in patients who fail conservative treatment, the use of an MRI is deemed necessary to identify pathologies. Bone marrow lesions (BMLs) seen on MRI have been recognized as a source of the ankle pain. Majority of the BMLs fluctuate in size over time and are seen as hyperintense lesions on MRI.We present MRI findings of a patient following arthroscopy with subchondroplasty

R&R: Retirements from and Retentions in the Popularly-Elected Senate

While there has been a good bit of scholarly attention paid to career dynamics in—including retirements from—the U. S. House of Representatives, relatively less attention has been paid to the Senate. The few studies of career decisions in the upper chamber (e.g., Bernstein and Wolak 2002; Masthay and Overby 2017) have focused on the more or less modern Senate. In this study, we extend the time series back to the early 1900s, taking in the entire century of the popularly elected Senate. In doing so, we increase our analytical leverage to explore dynamics in the frequency, ratio (compared to electoral defeats), and direction (i.e., progressive ambition or retirement from public life) of voluntary departures from the upper chamber. We are particularly interested in the ability of the parties to retain Senate seats opened up by voluntary departures and focus our multivariate analysis on that question. Among our most noteworthy findings are 1) that the partisan differential in retirements so obvious in the House (with Republicans outpacing Democrats in voluntary departures) is absent not only in the modern Senate but over the entire history of the elected chamber, and 2) that the GOP is systemically better at retaining open seats in the upper chamber, a finding consistent with other work on party asymmetries

Gallium Vacancies in β-Ga\u3csub\u3e2\u3c/sub\u3eO\u3csub\u3e3\u3c/sub\u3e Crystals

The gallium vacancy, an intrinsic acceptor, is identified in β-Ga2O3 using electron paramagnetic resonance (EPR). Spectra from doubly ionized (V2−Ga) and singly ionized (V−Ga) gallium vacancies are observed at room temperature, without photoexcitation, after an irradiation with high-energy neutrons. The V2−Ga centers (with S = 1/2) have a slight angular variation due to a small anisotropy in the g matrix (principal values are 2.0034, 2.0097, and 2.0322). The V2−Ga centers also exhibit a resolved hyperfine structure due to equal and nearly isotropic interactions with the 69,71Ga nuclei at two Ga sites (the hyperfine parameters are 1.28 and 1.63 mT for the 69Ga and 71Ga nuclei, respectively, when the field is along the a direction). Based on these g-matrix and hyperfine results, the model for the ground state of the doubly ionized vacancy (V2−Ga) has a hole localized on one threefold-coordinated oxygen ion. The vacancy is located at one of the three neighboring gallium sites, and the remaining two gallium neighbors are responsible for the equal hyperfine interactions. The singly ionized (V−Ga) gallium vacancies are also paramagnetic. In this latter acceptor, the two holes are localized on separate oxygen ions adjacent to one gallium vacancy. Their spins align parallel to give a triplet S = 1 EPR spectrum with resolved hyperfine structure from interactions with gallium neighbors

Effects of a Sedentary vs. Active Lifestyle on Blood Glucose Uptake

Please see the pdf version of the abstract

Is There a Fundamental Line for Disk Galaxies?

We show that there are strong local correlations between metallicity, surface brightness, and dynamical mass-to-light ratio within M33, analogous to the fundamental line of dwarf galaxies identified by Prada & Burkert (2002). Using near-infrared imaging from 2MASS, the published rotation curve of M33, and literature measurements of the metallicities of HII regions and supergiant stars, we demonstrate that these correlations hold for points at radial distances between 140 pc and 6.2 kpc from the center of the galaxy. At a given metallicity or surface brightness, M33 has a mass-to-light ratio approximately four times as large as the Local Group dwarf galaxies; other than this constant offset, we see broad agreement between the M33 and dwarf galaxy data. We use analytical arguments to show that at least two of the three fundamental line correlations are basic properties of disk galaxies that can be derived from very general assumptions. We investigate the effect of supernova feedback on the fundamental line with numerical models and conclude that while feedback clearly controls the scatter in the fundamental line, it is not needed to create the fundamental line itself, in agreement with our analytical calculations. We also compare the M33 data with measurements of a simulated disk galaxy, finding that the simulation reproduces the trends in the data correctly and matches the fundamental line, although the metallicity of the simulated galaxy is too high, and the surface brightness is lower than that of M33.Comment: 14 pages, 14 figures (5 in color). Accepted for publication in Ap

Evaluating techniques for sampling stream crayfish (paranephrops planifrons)

We evaluated several capture and analysis techniques for estimating abundance and size structure of freshwater crayfish (Paranephrops planifrons) (koura) from a forested North Island, New Zealand stream to provide a methodological basis for future population studies. Direct observation at night and collecting with baited traps were not considered useful. A quadrat sampler was highly biased toward collecting small individuals. Handnetting at night and estimating abundances using the depletion method were not as efficient as handnetting on different dates and analysing by a mark-recapture technique. Electrofishing was effective in collecting koura from different habitats and resulted in the highest abundance estimates, and mark-recapture estimates appeared to be more precise than depletion estimates, especially if multiple recaptures were made. Handnetting captured more large crayfish relative to electrofishing or the quadrat sampler