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Articles 1 - 7 of 7
Full-Text Articles in Law
They're Playing A Tango, John W. Reed
They're Playing A Tango, John W. Reed
Other Publications
An address at the State Bar of Michigan Annual Meeting Luncheon, September 22, 2005.
Non-Adversarial Case Resolution, Donald N. Duquette
Non-Adversarial Case Resolution, Donald N. Duquette
Book Chapters
Professionals who work with children and parents have become increasingly dissatisfied with the customary reliance on the traditional adversarial system in resolving family-related disputes, including cases involving children's protection, placement, and permanent care. The power struggle in contested cases and hearings relating to child welfare may foster hostility among the parties and dissipate money, energy, and attention that could otherwise be used to solve problems cooperatively. Parties may become polarized, open communication may be discouraged, and there may be little investment in information sharing and joint problem solving. Children may suffer when adversarial tensions escalate and ameliorative services are delayed.
Establishing Legal Permanence For The Child, Donald N. Duquette
Establishing Legal Permanence For The Child, Donald N. Duquette
Book Chapters
This chapter is intended to identify options for legal permanency that state law and the federal Adoption and Safe Families Act (ASFA) commonly recognize to better serve children in foster care. Ideally, the child will ultimately return safely to his or her home of origin. But when a return home is not possible, the child welfare legal process should result in a safe and legally secure alternative permanent placement for the child. The emphasis on legally secure permanent placement is meant to provide the child with psychological stability and a sense of belonging, and limit the likelihood of future disruption …
Conclusion: 'If You Don't Pull Up . . .'., James J. White
Conclusion: 'If You Don't Pull Up . . .'., James J. White
Other Publications
Today I am going to talk about a lawyer duty that is just as important as the duty to exercise warm zeal on behalf of a client, but it is a duty that is unknown to the popular culture and rarely touched on in law school. That is the duty to say no to your client, to step in front of a client who is determined to do something stupid, or in violation of the civil or criminal law.
Legal Reasoning, Phoebe C. Ellsworth
Legal Reasoning, Phoebe C. Ellsworth
Book Chapters
For more than a century, lawyers have written about legal reasoning, and the flow of books and articles describing, analyzing, and reformulating the topic continues unabated. The volume and persistence of this "unrelenting discussion" (Simon, 1998, p. 4) suggests that there is no solid consensus about what legal reasoning is. Legal scholars have a tenacious intuition - or at least a strong hope - that legal reasoning is distinctive, that it is not the same as logic, or scientific reasoning, or ordinary decision making, and there have been dozens of attempts to describe what it is that sets it apart …
The Real Impact Of Eliminating Affirmative Action In American Law Schools: An Empirical Critique Of Richard Sander's Study, David L. Chambers, Timothy T. Clydesdale, William C. Kidder, Richard O. Lempert
The Real Impact Of Eliminating Affirmative Action In American Law Schools: An Empirical Critique Of Richard Sander's Study, David L. Chambers, Timothy T. Clydesdale, William C. Kidder, Richard O. Lempert
Articles
In 1970, there were about 4000 African American lawyers in the United States. Today there are more than 40,000. The great majority of the 40,000 have attended schools that were once nearly all-white, and most were the beneficiaries of affirmative action in their admission to law school. American law schools and the American bar can justly take pride in the achievements of affirmative action: the training of tens of thousands of African American (as well as Latino, Asian American, and Native American) practitioners, community leaders, judges, and law professors; the integration of the American bar; the services that minority attorneys …
Representing Children And Youth, Donald N. Duquette, Marvin Ventrell
Representing Children And Youth, Donald N. Duquette, Marvin Ventrell
Book Chapters
Quality legal representation of all parties is essential to a high-functioning dependency court process. Quality legal representation of children in particular is essential in obtaining good outcomes for children. An adversarial court process that depends on competing independent advocacy to provide information will not produce good outcomes for litigants who lack competent advocates. Dependency court decisions are as good as the information on which the decisions are based. In order to promote the welfare of children in dependency court, therefore, children must be provided with competent independent legal representation.