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Full-Text Articles in Law
Making Place At The Table: Reconceptualizing The Role Of The Custody Evaluator In Child Custody Disputes, Mary Kay Kisthardt, Barbara Glesner Fines
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 …
Transversal Feminism And Transcendence, Deseriee A. Kennedy
Transversal Feminism And Transcendence, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Common Interest Developments At The Crossroads Of Legal Theory, Michael A. Heller
Common Interest Developments At The Crossroads Of Legal Theory, Michael A. Heller
Faculty Scholarship
What makes common interest developments (CIDs) interesting for legal theory? In my view, CIDs should provoke our interest because they operate at the intersection of two axes of contemporary legal scholarship. The first axis concerns rights allocation, what I have called the spectrum from commons to anticommons property. The second axis concerns governance institutions, which can occupy the space between private and public. These two dimensions define the theoretical field within which we create new forms of group property, and through which we solve emerging collective action dilemmas. CIDs are located at this crossroads, delicately poised between extremes on both …