Digital Commons Network^™

Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard

Michigan Journal of Gender & Law

Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …

Working With Parents In Early Years Services, Anne Fitzpatrick

Books/Book Chapters

No abstract provided.

“We Have The Right Not To Be Rescued...”: When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers, Aziza Ahmed, Meena Seshu

Faculty Scholarship

This paper highlights the impact of raid, rescue, and rehabilitation schemes on HIV programmes. It uses a case study of Veshya Anyay Mukti Parishad (VAMP), a sex workers collective in Sangli, India, to explore the impact of anti-trafficking efforts on HIV prevention programmes. The paper begins with an overview of the anti-trafficking movement emerging out of the United States. This U.S. based antitrafficking movement works in partnership with domestic Indian antitrafficking organisations to raid brothels to “rescue and rehabilitate” sex workers. Contrary to the purported goal of assisting women, the anti-trafficking projects that employ a raid, rescue, and rehabilitate model …

Lower Federal Courts And State Courts Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Collaborating With The Real World: Opportunities For Developing Skills And Values In Law Teaching, Charity Scott

Faculty Publications By Year

This article describes a broad range of teaching innovations and opportunities that classroom law professors can take advantage of in their own backyards. It presents examples of real-world engagement by faculty who help their students learn the skills, values, and attributes of good professional practice by supplementing what they already are teaching well with opportunities to learn the law in real-world contexts. Classroom professors do not need to become clinical professors or start teaching lawyering skills courses. Instead, they can collaborate with clinical professors, practicing lawyers, and other professionals outside their classrooms in settings that relate to their doctrinal fields. …

Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman

University of Baltimore Law Review

No abstract provided.

Eastern Ichigan University Graduate Catalog, 2012-2013, Office Of The Registrar

Graduate Catalogs

No abstract provided.

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

Center on Children, Families, and the Law: Faculty Publications

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

Changing The Narrative Of Child Welfare, Matthew I. Fraidin

Journal Articles

No abstract provided.

Sexing Harris: The Law And Politics Of Defunding Planned Parenthood, Mary Ziegler

Scholarly Publications

The movement to defund Planned Parenthood has opened a new front in the abortion wars. At the state and national level, anti-abortion organizations have campaigned successfully for new legal limitations on Medicaid or Title X reimbursement for Planned Parenthood. Significantly, legal restrictions reach not only abortion but also other services like contraception and cancer screenings. North Carolina, Wisconsin, and Indiana are among the states to have introduced such bans, and the U.S. House of Representatives approved one before the proposal died in the Senate in April 2011.

At first, the novelty of the movement seems to lie in its open …

Lawyering As Peacemaking, Angela P. Harris

Villanova Law Review (1956 - )

A lecture by Angela P. Harris titled "Lawyer As Peacemaking," given University of California, Davis, is presented on the topic of civil rights activist Martin Luther King Jr.'s speech "The Quest for Peace and Justice." Topics include the civil rights movement in the U.S., the ways in which attorneys can contribute to the peace process, and lawyers' commitment to justice.

Panel 3: Juveniles In The Innocence Project: Current Cases In Practice, Craig Cooley, Joshua Tepfer, Laura Nirider, Karen Wolff, Jen Maclean, Richard A. Bierschbach

Cardozo Journal of Equal Rights & Social Justice

Symposium: Stealing Innocence: Juvenile Legal Issues and the Innocence Project: Panel 3 (January 25, 2012)

Wisdom And Conflict Resolution: A Possible Framework For Integrated Practice, Rachel Goldberg, Brian Blancke

Cardozo Journal of Conflict Resolution

What would it look like to practice in a way that fully supported not only the cognitive and emotional intelligence of practitioners and parties, but their somatic and spiritual intelligence as well? Good practice is more than strong technique and knowledge. Good work depends on intention, presence, and a connection with parties. The authors argue that for interveners and parties, conflict involves all four dimensions of human understanding. Given the systemic nature of conflict intervention, the authors explore what multi-dimensional practice might look like, and propose a new multi-dimensional framework grounded in current work. The article includes practice examples showing …

Reclaiming Demographics: Women, Poverty, And The Common Interest In Particular Struggles, Ezra Rosser

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Health Equity, Healthy People 2020, And Coercive Legal Mechanisms As Necessary For The Achievement Of Both, Emily Whelan Parento

McGeorge School of Law Scholarly Articles

Principles of health equity require that all people have equal opportunity to develop and maintain their health, yet in the face of widespread and presumptively inequitable health disparities, the law has done little. This paper argues that health equity demands the use of coercive legal mechanisms in certain circumstances given the existence of current disparities and the evidence of effectiveness of direct regulation as compared to its alternatives. Moreover, the paper argues that Healthy People 2020, which is the nation's “master blueprint for health” and explicitly seeks to achieve health equity, has not fully incorporated the principles of health equity …

A Betrayed Ideal: The Problem Of Enforcement Of Eu Sex Equality Guarantees In The Cee Post-Socialist Legal Systems, Goran Selanec

SJD Dissertations

The notion of equality between men and women has, for a long time, played a significant role in the societies of Central and Eastern Europe (CEE). The ideal was particularly important during the period of “real” or “really existing” socialism in CEE. For the CEE socialist regimes, the ideal of equality was an ideological banner that supposedly demonstrated their moral superiority to the “West”. The ideal has gained new importance in recent years, when the CEE post-socialist states had to commit to the protection of the notion of equality between sexes as a condition of their membership in the European …

Where Is The "Quality Movement" In Law Practice?, William H. Simon

Faculty Scholarship

The "Quality Movement" that originated in industrial production and has since influenced the professions prescribes standardized work, root cause analysis of errors, peer review, and performance measurement. While these reforms have transformed medicine and some other professions, their influence has lagged in the legal profession. This Essay reviews the limited progress of the reforms in law and assesses the cultural, institutional, and doctrinal obstacles they face.

Chapter 5: Administrative Law, Gail F. Zwirner

Law Faculty Publications

No abstract provided.

The Texas Deterrence Muddle, Jeffrey A. Fagan, Amanda Geller, Franklin E. Zimring

Faculty Scholarship

The ongoing debate about capital punishment in the United States juggles several contentious questions. Innocence, cost, racial fairness, proportionality, retributivist calculus, and deterrence concerns thread a literature whose richness testifies to the endurance of capital punishment in American legal and political culture. For proponents of capital punishment, the connection between the moral and utilitarian or consequentialist positions trumps all other concerns: They suggest that if the death penalty can prevent – through the incapacitation of the offender and general deterrence of would-be killers – the loss of even one innocent life from murder, then execution is a morally justified or …

Through Mexican Eyes: Mexican Perspectives On Transmigration, Evelyn H. Cruz

Valparaiso University Law Review

No abstract provided.

Winter 2012 Magazine

Ergo

No abstract provided.

Meeting The Professional Identity Challenge In Legal Education Through A Relationship-Centered Experiential Curriculum, Susan L. Brooks

University of Baltimore Law Review

Legal education is facing a series of crises, the worst of which may well be its graduates' perceived lack of professionalism qualities such as civility, judgment, and commitment to service. This urgent message has been amplified by recent high-profile critiques emphasizing the need to teach professionalism, as well as to make law schools more nurturing and humanistic environments. The purpose of this article is to show that the challenge of preparing law students to become caring and competent professionals can be met by using a sequence of experiential learning opportunities to teach relational competencies.

Even the harshest critics of legal …

The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart

Articles

No abstract provided.

Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad

UF Law Faculty Publications

Our study moves into the sovereignty idea in the context of international law with reference to the work of Grotius, the Dutch international lawyer of the early 17th century. Grotius took the sovereignty discourse to another level by considering the problem of sovereignty in an environment of multiple sovereigns. This was an environment, which required law and legal skills and therefore provided a framework within which reasoned legal elaboration would provide a mechanism to coordinate sovereign relations and thereby provide international restraints on sovereign absolutism. The Article then considers a significant 17th century juridical event in the practice of international …

Reclaiming Demographics: Women, Poverty, And The Common Interest In Particular Struggles, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Invited Symposium Introduction for Jan. 2012 AALS Poverty Section Panel.

Admonitions Or Accountability?: U.S. Implementation Of The Hague Adoption Convention Requirements For The Collection And Disclosure Of Medical And Social History Of Transnationally Adopted Children, Marianne Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Child Representation In America: Progress Report From The National Quality Improvement Center, Donald N. Duquette, Julian Darwall

Articles

Few dispute that children in the child welfare system need effective representation. In October 2009, the U.S. Children's Bureau named the University of Michigan Law School the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). The QIC-ChildRep is a five-year, multimillion dollar project, charged with gathering, developing, and communicating knowledge on child representation. In addition, the QIC-ChildRep is tasked with promoting a consensus on the role of the child's legal representative and providing one of the first random assignment experimental design research projects on the legal representation of children.

Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort

Articles

Child welfare cases involving mental illness suffered either by a child or his parent can be among the most difficult and perplexing that a child’s lawyerguardian ad litem (L-GAL) will handle. They may present daunting problems of accessing necessary and appropriate services as well as questions about whether and when such mental health problems can be resolved or how best to manage them. They also require the L-GAL to carefully consider crucially important questions—rarely with all the information one would like to have and too often with information that comes late in the case, is fragmented or glaringly incomplete. This …

Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Robert Pettignano, Elizabeth Tobin Tyler

Faculty Publications & Other Works

No abstract provided.

Health Justice Project: A Collaborative Commitment To Solving Real World Problems, Emily Benfer

Faculty Publications & Other Works

No abstract provided.