Digital Commons Network^™

Advocating For Children In Care In A Climate Of Economic Recession: The Relationship Between Poverty And Child Maltreatment., Bruce A. Boyer, Amy E. Halbrook

Faculty Publications & Other Works

No abstract provided.

Whos The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases', Yael Cannon

Faculty Scholarship

This Article explores the various models of representation used by attorneys in special education cases and advocates for thoughtful identification of the client or clients through a contextualized, individualized decision made collaboratively by the lawyer and client(s), with considerations of a panoply of factors. Part I attempts to unpack these models. While clear advantages exist with each of the models, the Article presents case examples and questions that illustrate some of the challenges that may be presented by each model. Part II includes a discussion of the factors that an attorney should consider in each case in determining the appropriate …

Correcting Myopia In Domestic Violence Advocacy: Moving Forward In Lawyering And Law School Clinics, Camille Carey

Faculty Scholarship

Lawyers and law school clinics have become myopic in their approach to civil domestic violence lawyering. This article argues that domestic violence lawyering should expand beyond its current focus on family law to move domestic violence law and practice forward. Drawing on theoretical frameworks from criminal law and feminist legal theory, this article proposes a lawyering model that expands individual representation across a wide spectrum of case types while also challenging systems that enable battering or do not support victims in their efforts to secure safety. Holistic representation in family law, public benefits, immigration, housing, mortgage foreclosure, tort, and financial …

Living History Interview With Richard Delgado & Jean Stefancic, Richard Delgado, Jean Stefancic

Faculty Articles

One of the unique features of Transnational Law and Contemporary Problems ("TLCP") is the publication of a "Living History Interview" with a person of international accomplishment and renown. The Living History Interview complements the symposium format of TLCP by blending theory and practice, thus giving a practical perspective to the questions examined in the symposium. The purpose of the Living History Interview is to invite the responses of a prominent international scholar, jurist, or politician-not to explore his or her professional point of view, but to gain insight into his or her personal perspectives as shaped by historical events in …

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 2) (Winter 2011-12), Roger Williams University School Of Law

RWU Law

No abstract provided.

Taking A Stand: The Role Of The Early Childhood Teacher In Educating Against Homophobia, Tamar Ascher Shai

Journal of Hate Studies

This article focuses on early childhood educators’ readiness to address controversial issues in the classroom related to gender and sexual identity in young children, with a special focus on homosexuality and homophobia. The terms gender, sexual identity, sexual orientation, homosexuality, and homophobia are defined in relation to the part they play in the lives of young children and their families. The role of early childhood teachers and consequently the roles played by individuals who train teachers (teacher trainers) are also presented for discussion.

The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty

Faculty Scholarship

The broad goal of this paper is to describe the need, and provide a framework, for engaging in cross-cultural conversations among lawyers, law teachers, and others, who are using legal ethics as a vehicle for improving the legal professions and the delivery of legal services. All legal cultures struggle with the question of how to educate students and lawyers to be ethical professionals and how to regulate the legal profession effectively. The purpose of the cross-cultural conversations discussed in this paper would be to develop principles of legal ethics education, professional development, and regulation of the legal professions that can …

Victims Of Community Violence In Chicago: The Impact On Professional Responders, Lee Shevell

Public Interest Law Reporter

No abstract provided.

Incarcerated Motherhood, Duchess Harris Phd, Jd

Journal of Race, Gender, and Ethnicity

No abstract provided.

Leading By Example: Why The First Circuit Should Adopt A Medical Peer-Review Privilege, Jared M. Levin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Permanency Is Not Enough: Children Need The Nurturing Parents Found In International Adoption, Elizabeth Bartholet

NYLS Law Review

No abstract provided.

Family, The Market, And Adr, The, Amy J. Cohen

Journal of Dispute Resolution

This Article proceeds in three Parts. I begin by briefly summarizing what I will refer to as separate spheres ideology-the idea that our normative understandings of the family and the market are constructed in contradistinction to one another. I then show how this conceptual distinction between the family and the market shaped the development of alternative dispute processing during two periods of time. The first period, which I introduce to frame the second, examines how dispute processing reformers-beginning during the Progressive era and continuing to the 1930s-distinguished alternative forums for family disputes from alternative forums for commercial ones. In Part …

The Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For Iowa, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Iowa’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

The Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For Colorado, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Colorado’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Can The Leopard Change His Spots?! Reflections On The 'Collaborative Law' Revolution And Collaborative Advocacy, Dafna Lavi

Cardozo Journal of Conflict Resolution

Much has been written about the social contribution of the ADR movement, and the many and diverse ways to implement it. This article focuses on collaborative law, one of the newer methods adopted by this movement, and observes that the full impact and implications of this movement have not yet been explored. One of the compelling implications discussed in this article is the collaborative law revolution.

This article presents both the observable and latent aspects of this revolution. According to this article, the main contribution of the revolution is in signaling a change in the design and conceptualization of the …

Re-Regulating The Baby Market: A Call For A Ban On Payment Of Birth Mother Living Expenses, Andrea B. Carroll

Journal Articles

More than fifty years ago, state law on domestic infant adoption changed to uniformly prohibit the practice of baby selling, a development that eliminated the “black market” for babies that many argued previously existed. Nonetheless, one need not look far to find that the United States’ domestic adoption system is broken even today, and the cost structure of the domestic adoption scheme is the greatest offender. A domestic adoption currently costs in the neighborhood of $40,0000, with the vast majority of the associated expenses coming not from the payment of any professional fees, but rather from the payment of living …

Family Structure As A Social Context For Family Conflict: Unjust Strain And Serious Delinquency, Ryan Spohn, Don L. Kurtz

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

Two major themes in the delinquency literature are the roles of family structure and childhood victimization. Combining these two lines of research, the current project examines the unique contribution of family structure and victimization on the serious delinquency of a nationally representative sample of adolescents. In addition, we examine whether the form of families serves to condition the relationship between victimization and delinquency. Past research indicates that abuse is more likely to occur in two-parent families of a ‘‘mixed’’ form, specifically in the presence of a live-in boyfriend or stepfather. However, little is known regarding the impact of victimization on …

Hofstra’S Family Law With Skills Course: Implementing Fler (The Family Law Education Reform Project), Andrew Schepard, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

The Family Law Education Reform Project (FLER ) Final Report documented that the current doctrinally oriented family law curriculum at most law schools does not adequately prepare students for modern family law practice. FLER recommended that law school courses move from the study of cases to the study of the legal system’s effect on families, and integrate the study of alternative dispute resolution and interdisciplinary knowledge. In response, Hofstra Law School has made a comprehensive attempt to implement FLER’s curricular recommendations. This article discusses one major innovation – the Family Law with Skills course. Family Law with Skills is the …

Structural Racism And The Law In America Today: An Introduction, William M. Wiecek

Kentucky Law Journal

No abstract provided.

Saving Haiti's Children From Hell, W. Harren H. Binford

Intercultural Human Rights Law Review

Haiti's devastating earthquake in January 2010 left thousands of children orphaned and tens of thousands separated from their families. Following the earthquake, foreign militaries, nongovernmental agencies, humanitarian aid workers, missionaries, and volunteers descended en masse on the poorest country in the Western Hemisphere to help the victims, especially children, in the midst of the disaster. Unfortunately, some of those who came to help Haiti's children showed little regard for the domestic and international legal protections in place to protect child victims of disaster. As a result, these individuals, organizations, and governments added additional layers of chaos and alienation to these …

Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying, Scott Farbish

Cardozo Journal of Equal Rights & Social Justice

The note argues that current state anti-cyberbullying statutes are insufficient to protect students and that holding school officials criminally liable for failing to address cyberbullying incidents would be a more effective deterrent. It contends that while legislatures have made progress in addressing cyberbullying, the lack of clear definitions and comprehensive measures leaves victims without adequate remedies. The note proposes that criminal liability for school officials would incentivize proactive measures to prevent cyberbullying, particularly in cases where off-campus incidents disrupt the school environment.

The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian E. Dervan

Law Faculty Scholarship

Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …

Richmond Law Magazine: Winter 2011

Richmond Law Magazine

Features:

Putting the Law to Work

Environment for Growth

The Price of Pleasure

For the Public Good

Eligible Patent Matter—Gender Analysis Of Patent Law: International And Comparative Perspectives, Shlomit Yanisky-Ravid

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Who’S The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases , Yael Zakai Cannon

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Integrating Education Advocacy Into Child Welfare Practice: Working Models, Jennifer N. Rosen Valverde, Cara Chambers, Megan Blamble Dho, Regina Schaefer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Old Lessons For A New World: Applying Adoption Research And Experience To Art, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This article suggests that knowledge derived from adoption-related research and experience can be used to improve law, policy and practice in the world of assisted reproductive technologies (ART), particularly with respect to sperm, egg and embryo "donations." While there are numerous and significant differences between adoption and ART, the article identifies several areas in which adoption's lessons could be useful. These include secrecy and the withholding of information; a focus on the best interests of children; the creation of "nontraditional" families, particularly as more single, gay and lesbian adults use ART; the impact of market forces; and legal and regulatory …

The Connection Between Animal Abuse And Family Violence: A Selected Annotated Bibliography, Sharon L. Nelson

Animal Law Review

This Selected Annotated Bibliography assembles legal and social literature that examines the link between domestic violence and animal abuse. Drawing from an ever-growing body of written works dedicated to the issue, the Bibliography presents the works that are most informative and useful to the legal community. These include case studies, current and proposed legislation, and social services guides that address the occurrence of and response to the animal cruelty-family violence correlation. In doing so, the Bibliography creates a resource that will prove helpful to a variety of legal practitioners, law makers, and professionals within the criminal justice system, and will …

Outside The Wire: American Exceptionalism And Counterinsurgency, David Fidler

Articles by Maurer Faculty

No abstract provided.

The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen

Research Collection Yong Pung How School Of Law

The welfare principle – that is, when making a custody-related decision, the best interests of the child form the first and paramount consideration – is probably one of the cardinal principles of family law in many common law jurisdictions. While the welfare principle is generally considered a wide concept with no exhaustive definition or list of factors, it is submitted that there is an important question – sometimes neglected or misunderstood – that should actually feature most prominently when applying the welfare principle, particularly when joint or no order custody orders seem impossible. The question is simply that of “who …