Rationalizing Juvenile Justice

Few issues have occupied the public mind so much in recent years as the problem of youth violence. Due to sensational school shootings and public paranoia about the violence of youth gangs, America is concerned - very concerned - about the growing criminality of its children. In our concern, we find ourselves caught in the classic conundrum of criminal responsibility: reconciling the unavoidable knowledge that much of human behavior is determined with our strong instincts about free will. We blame violent television and video games, we blame single mothers, we blame low church attendance, but when all is said and done, we punish the child. The concrete response to our fears about increasing youth violence has been increased accountability for young offenders, and growing rhetoric about the genuine evil that exists even in seemingly innocent youth. Franklin Zimring confronts this trend of getting tough on young offenders in his most recent book, American Youth Violence. The basic aim of his project is to quell the storm of youth crime policy motivated by fear and hostility towards young offenders (p. xiii). Increased length of punishment, as well as abandonment of efforts at reform, have characterized the recent moves in juvenile justice. Zimring argues against these trends

Eliminating Consideration of Parental Wealth in Post-Divorce Child Custody Disputes

There may be no story as old as that of the child of privilege, spoiled in the things of the world, who finally achieves happiness through coming to appreciate the simple charms of working-class life. But equal in strength are the real life stories of American parents: their drive for the accumulation of personal wealth, so frequently justified as for the children. The place of wealth in the good life of a child is deeply controversial, and it should surprise no one to see it played out in child custody law. Under the statutes of almost all states, custody disputes between divorcing parents must be decided in the best interests of the child. These statutes often list particular factors that are to be considered when deciding children\u27s interests, such as [t]he love, affection, and other emotional ties existing between the parties involved and the child. Some statutes also expressly forbid consideration of particular factors, such as the gender of the parent. Even with these attempts to narrow the inquiry, the best-interests standard remains notably vague. This inevitably leads to serious disputes about which factors ought to be considered, and how much weight they should be given. Perhaps the most troubling of these disputes has involved the relevance to the custody decision of each parent\u27s ability to provide the child with material goods

Gay Marriage and the Problem of Property

The Supreme Court’s gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as varied as adoption and taxes, a myriad of rights have now descended upon gay couples as a result of the Court’s ruling. In this Commentary, we explore the little discussed downsides of the decision when it comes to the property rights and debts of the spouses. This is particularly important when considering the rights of third parties and their settled expectations in the context of retroactivity, as well the ways in which the Court’s decision may have the undesirable affect of undoing the carefully laid plans of the spouses. We conclude that courts and legislatures have by no means seen the end of the gay marriage debate. Rather, a host of unforeseen collateral issues lies on the horizon

Faculty

Whitman, \u2774, named Francis A. Allen Collegiate Professor of Law; Stein, \u2742, reaps honors from homeland; Activities showcase faculty versatilit

Faculty

New faculty enrich Law School life; Ellsworth, Gross join case for capital punishment examination; Chambers: \u27This place has been my home\u27

Alumni

Senate confirms Law School graduates; Celebrating the WTO; Civil Rights Commission has \u27big megaphone\u27; Diversity\u27s time has come; Panama is on the ramp to the global highway; Graduate offers look inside the 9/11 Commission; Fiske Fellows 2005; Out front: Ann coulter, \u2788; Scholarship dinner; Class Notes; In memoriam