Law Commons^™

Arbitration Procedures, Theodore J. St. Antoine

Book Chapters

I am in the uncomfortable position of being the primary expositor on a subject that I think is very much a matter of discretion in most cases, that is, how an arbitrator handles a hearing. One of the common characteristics I have detected among arbitrators is their apparent certitude on a disputed issue, even though they may disagree violently with other experienced arbitrators. Some of them will say that whatever internal anguish or difficulty an arbitrator has in coming to a decision, he should never display that to the parties. I myself cannot accept that advice simply because I am …

Child Support In The Twenty-First Century, David L. Chambers

Book Chapters

Fifty years from now, or a hundred years from now, will absent parents still be held financially liable for the support of their children? Two forces have shaped our current system of private liability. The first is a perception, wholly accurate, of large numbers of children in need, children who cannot be adequately provided for by the single parent with whom they live. The second is a moral judgment about absent parents: that they can be justly required to contribute to their children's support throughout the children's minority. Change may occur in the laws of child support if there cease …

Collaboration Between Lawyers And Mental Health Professionals: Making It Work, Donald N. Duquette

Book Chapters

Many questions presented to the court in child welfare cases are resolved with the direction, professional advice, and judgment of mental health professionals. Lawyers and judges look to a number of different professions for this guidance; chief among them are psychiatrists, psychologists, and clinical social workers. The focus of this chapter is on ways for lawyers to enhance and improve the performance of the mental health professionals in the courtroom.

This chapter presents a step-b/step process for lawyer collaboration with mental health professionals in child protection and foster care cases, which is relevant for attorneys representing the child welfare agency, …

Individual Rights In The Work Place: The Burger Court And Labor Law, Theodore J. St. Antoine

Book Chapters

The Supreme Court, like other institutions, must play the part that the times demand, often with small regard for the personal predilections of its membership. The Warren Court and the Burger Court, in their respective contributions to the law of union-employer-employee relations, almost reversed the roles they might have been expected to assume. The major accomplishment of the Court in the labor area during the Warren era was a fundamental restructuring of intergovernmental relationships, while the Court's overriding concern throughout the Burger decade of the 1970s and beyond has been the defining of individual rights in the work place.

The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar

Book Chapters

In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

Richard Nixon's criticism of the Warren Court during the 1968 presidential campaign centered largely on the Court's handling of cases involving criminal rights. According to candidate Nixon, the Court had gone much too far. It had twisted the Constitution to serve its own purposes, created a maze of legal technicalities that worked only to frustrate legitimate law enforcement efforts, and so weakened "the peace forces as against the criminal forces in this country" as to be largely responsible for the sharp rise in crime that had occurred in the sixties. What had to be done, continued Nixon, was to appoint …

Confessions, Yale Kamisar

Book Chapters

The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983

Paternalism, Freedom, Identity, And Commitment, Donald H. Regan

Book Chapters

Some years ago, I wrote an essay entitled "Justifications for Paternalism." That essay is here revised, and expanded by the addition of a new topic. Many readers of the original version did not understand that the two principal sections presented arguments that were quite independent. I would therefore emphasize that in the present version the three principal sections (II, III, and IV) are separable one from another. Not surprisingly, in an essay so disconnected, I reach no general conclusions I have much confidence in. I suspect the reason for the failure is that I have been insufficiently daring in rejecting …