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Full-Text Articles in Law

Family Defense And The Disappearing Problem-Solving Court, Jane M. Spinak Jan 2016

Family Defense And The Disappearing Problem-Solving Court, Jane M. Spinak

Faculty Scholarship

Problem-solving courts began to flourish in the early 1990s, most notably as drug treatment courts. Family Court Treatment Parts (FCTPs) were developed in the late 1990s in New York State, fully embracing the three key components of the problem-solving drug court model: (1) an activist judge who helps to fashion, and then closely monitor, dispositions; (2) a team of lawyers, social workers, and court personnel who try to identify and then work toward commons goals with the family; and (3) frequent and meaningful court appearances by relevant parties. This team model has challenged attorneys for the parents (and sometimes the ...


The Age Of Scalia, Jamal Greene Jan 2016

The Age Of Scalia, Jamal Greene

Faculty Scholarship

During periods of apparent social dissolution the traditionalists, the true believers, the defenders of the status quo, turn to the past with an interest quite as obsessive as that of the radicals, the reformers, and the revolutionaries. What the true believers look for, and find, is proof that, once upon a time, things were as we should like them to be: the laws of economics worked; the streams of legal doctrine ran sweet and pure; order, tranquility, and harmony governed our society. Their message is: turn back and all will be well.


A Cause Of Action, Anyone?: Federal Equity And The Preemption Of State Law, Henry Paul Monaghan Jan 2016

A Cause Of Action, Anyone?: Federal Equity And The Preemption Of State Law, Henry Paul Monaghan

Faculty Scholarship

I was not fortunate enough to have known Dan Meltzer well. I met Danny only a few times. We had only the thinnest of correspondence. Of his sterling reputation as a human being, I am of course fully aware. And I do know his work – all of it – thoroughly. On that point, a mountain of encomiums would iterate only a simple thought: Dan was the gold standard in federal courts scholarship. It is, therefore, a special honor to participate in a symposium to honor his memory.

In this very brief Essay, I focus on aspects of a topic on which ...