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University of Missouri-Kansas City School of Law

2005

Jurisprudence

Articles 1 - 2 of 2

Full-Text Articles in Law

Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister Jan 2005

Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister

Faculty Works

For so long as it has been important to know what the law is, the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.

Part I of the paper introduces a holistic approach to medium theory - the idea that methods of communication influence social development and ideology - and applies the theory to the development of legal …


Making Place At The Table: Reconceptualizing The Role Of The Custody Evaluator In Child Custody Disputes, Mary Kay Kisthardt, Barbara Glesner Fines Jan 2005

Making Place At The Table: Reconceptualizing The Role Of The Custody Evaluator In Child Custody Disputes, Mary Kay Kisthardt, Barbara Glesner Fines

Faculty Works

This article is based on the premise that custody evaluations cannot and should not be a substitute for the socio-legal judgment of the best interests of the child. Recognizing that clinical humility and judicial vigilance may not be sufficient to restrain the misuse of psychological evaluation, the authors offer three structural changes that would provide a more appropriate use of the skills and talents custody evaluators bring to legal decisions: using custody evaluators in the less adversarial setting of preparing parenting plans; revising the procedures by which custody evaluations are elicited in litigation; and, adopting the approximation standard for child …