Digital Commons Network^™

Mental Health Courts: No Longer Experimental, Gregory L. Acquaviva

Seton Hall Law Review

No abstract provided.

Michael Strand, Cari Allen V. Diana Telfer : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Jury Instructions, Not Problematic Expert Testimony, In Child Sexual Assault Cases, Marina Moriarty

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Working In The Best Interest Of Children: Facilitating The Collaboration Of Lawyers And Social Workers In Abuse And Neglect Cases, Mary Kay Kisthardt

Faculty Works

Working in the best interest of children in abuse and neglect cases is a daunting task for both lawyers and social workers. The legal system is inadequate to meet the myriad needs of children and families in crisis. Yet only under the authority of the legal system can social work and other mental health professions intervene in families on behalf of children. The juvenile court system has been buffeted historically by the competing values and methods of social work and law. The institution and its rules are still evolving today. This dynamic environment means that even if competition for "ownership" …

“Ain’T No Goin’ Back”: Teaching Mental Disability Law Courses Online, Michael L. Perlin

NYLS Law Review

No abstract provided.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 2006-2008, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. Students are trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. The traditional case method of instruction is used in many courses. However, clinical education and courses devoted to various professional skills …

Reconciling Professional Legal Education With The Evolving (Trial-Less) Reality Of Legal Practice, Julie Macfarlane, John Manwaring

Journal of Dispute Resolution

Our focus in this paper is the impact of these trends on legal education, especially professional legal education. What is undeniable is that lawyers (and judges) are more and more involved in legal tasks which are not related to trials. This does not necessarily mean that the practice of law is focused exclusively on settlement activities, although such activities are increasingly important. Pre-trial processes and procedures including motions, discovery and mandatory settlement conferences take up more time than ever before. Lawyers are playing a different role, offering different kinds of service to their clients, and performing different tasks

The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews

UC Law Journal of Race and Economic Justice

This article argues that the conception of sexual harassment as simply a gendered harm is inadequate because sexual harassment is not only about gender but also about race, class, sexual orientation and other realities of existence. Sexual harassment is about power and about keeping particular women out of particular economic spheres. Using the Commonwealth Caribbean as an example, this article concludes that an intersectional understanding of sexual harassment, and a more nuanced understanding of the public/private divide, will lead to better workplace harassment legislation. While much of the focus is on the Commonwealth Caribbean, a North American example suggests that …

The Cost Of A Higher Education: Post-Minority Child Support In North Dakota, Leah Ducharme

North Dakota Law Review

No abstract provided.

Protecting Children Endangered By Meth: A Statutory Revision To Expedite The Termination Of Parental Rights In Aggravated Circumstances, Michelle Kommer

North Dakota Law Review

No abstract provided.

The Road Less Traveled: Using Adr To Help Reform Firsttime Juvenile Offenders, Maggie Gertz

Cardozo Journal of Conflict Resolution

Section I of this Note details the history of the juvenile justice system, making specific reference to the various developments in juvenile justice policy, concluding with a discussion of the conflicts involved in juvenile offending. Section II examines ADR techniques that have been used in the juvenile justice field, with some success, as an alternative to further prosecution, incarceration or other punishment, highlighting Victim-Offender Mediation and Family Group Conferencing. In Section III, I analyze why ADR techniques are an ideal solution to the ills of the current system, and how these methods meet many of the goals of the traditional …

Personal And Political Bias In The Debate Over Federal Income Taxation Rates And Progressivity, Richard Kovach

Akron Law Faculty Publications

Recently, the Boston College Law Review published a symposium issue containing twelve articles on federal income taxation issues pertaining to rates, progressivity, and budget processes. These articles are well written, copiously researched, and representative of contemporary legal scholarship. For the most part, these articles variously support the idea that our federal taxation system is insufficiently progressive. Often this body of work attributes deleterious social effects to insufficient progressivity caused by tax cuts legislated in 2001 and 2003. Some of the symposium writing advocates for increased federal taxation on wealthy taxpayers without structural limitations beyond those that might be necessary to …

The Trafficking Victims Protection Act: A Work In Progress, Terry Coonan

Intercultural Human Rights Law Review

From the time when Congress passed and the President enacted the Trafficking Victims Protection Act of 2000 ("TVPA"), this innovative law has changed the contours of the U.S. legal landscape.I Given even more teeth by the subsequent passage of the Trafficking Victims Protection Reauthorization Act of 2003 ("TVPRA"), the law provides unprecedented tools for U.S. governmental agencies and non-governmental organizations ("NGOs") to combat trafficking in persons, both within the U.S. and abroad. While neither the law's format nor its implementation has been without problems, significant progress has been made since its enactment in countering trafficking and prosecuting traffickers. Such progress …

Lawmaking By Public Welfare Professionals, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson, Gretchen Schmuch, Margaret F. Brinig

Journal Articles

When thinking of law-making, one usually thinks of the activities of Congress or state legislatures. Students of law and government may also think of the rule-making activities of federal or state bureaucracies. More recently, some attention has been paid to the lawmaking power known as prosecutorial discretion (the decision of whether or for what crimes to charge a criminal defendant) or judicial discretion in sentencing. However, so far most of this work has been theoretical or, at best, anecdotal. Further, far less attention has been paid to the ubiquitous activities of the bureaucrat who must decide whether or not to …

Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman

Maryland Law Review

No abstract provided.

Visions Of Guadalupe: Traces Of The Ghost Panel, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.

The Legal Status Of Pregnant And Parenting Youth In Foster Care, Eve Stotland, Cynthia Godsoe

University of Florida Journal of Law & Public Policy

No abstract provided.

Clinical Legal Education In Hong Kong: A Time To Move Forward, Stacy Caplow

Faculty Scholarship

No abstract provided.

Conditional Love: Incentive Trusts And The Inflexibility Problem, Joshua C. Tate

Faculty Journal Articles and Book Chapters

This Article examines the contemporary phenomenon of incentive trusts: trusts that use money to encourage or discourage certain behaviors. Using evidence from Internet websites, practitioner articles, and newspaper articles, the Article considers the likely provisions that a typical incentive trust might have, and explains how such trusts might lead to a problem of inflexibility when they are not drafted so as to take into account the possibility of changed circumstances. The Article also examines current law regarding trust modification and termination as well as recent reform proposals, and suggests some alternatives that might better take into account the particular characteristics …

How Strong Collaboration Between Legal And Social Service Professionals Will Improve Outcomes For Trafficking Survivors And The Anti-Trafficking Movement, Heather C. Moore

Intercultural Human Rights Law Review

This article will discuss and demonstrate how attorneys can protect and yield better legal outcomes for their clients by collaborating with social service professionals specifically, and by reconsidering their own roles in serving trafficking survivors--not only as legal advocates, but as informal mental health advocates. This article also presents one model of comprehensive service delivery, that of the Coalition to Abolish Slavery ("CAST"), in which legal and social services complement and support each other within one agency to better serve clients.

The African Union, Makaria Green

Human Rights & Human Welfare

The African Union (AU) was established on July 8, 2001. Its predecessor was the Organization for African Unity (OAU)—established in 1963. The charter that created the OAU was the result of several multinational African conferences held in the 1950s and 1960s aimed at supporting Africans who were still under colonial rule to incite change through non-violent means. The OAU had just four organs: the Assembly of Heads of State and Government, the Council of Ministers, the General Secretariat and the Commission of Mediation, and Conciliation and Arbitration. On September 9, 1999, the Assembly of Heads of State and Government issued …

Creating A Tribal Law Practice Clinic In Kansas: Carving The Peg To Fit The Hole, Aliza G. Organick

North Dakota Law Review

No abstract provided.

Methamphetamine: Epidemiological And Research Implications For The Legal Field, Jane Carlisle Maxwell

North Dakota Law Review

No abstract provided.

The Most Dangerous Profession, Rebecca Roiphe

Articles & Chapters

This article chronicles the history of the accounting profession and explains how it has consistently failed to preserve transparency in the markets and protect the public good. I argue that the culture of the profession is due in part to the failure of earlier administrative agencies to retain private auditors for public functions such as ratemaking. Drawing on this insight, I suggest that the culture of professions in general is shaped by the work that professionals do and functions that the profession has historically served.

Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank W. Munger

Articles & Chapters

Privatization of welfare reflects the political pressure to limit public responsibility for protection of social citizenship. Recent welfare reforms incorporate three classic market-like privatization mechanisms--contracting out services forcing allocation of a limited pool of benefits, and deregulation. Deregulation entails strategic diversion and disqualification of large numbers of would-be applicants who are left without alternatives to the labor market. In this article I discuss an empirical study of the effects of deregulation of welfare on the self-perceptions of recipients. Interviews with recipients and with low-wage health care workers, former recipients, show that, criticisms of welfare notwithstanding, they have embraced welfare reforms …

Block Grants, Early Childhood Education, And The Reauthorization Of Head Start: From Positional Conflict To Interest-Based Agreement, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

In early 2003, the Bush administration proposed and Congress considered two types of highly controversial structural reform to Head Start, the federal program that since 1965 has provided early education and comprehensive health and social services to low-income preschoolers and their families. First, the proposal would begin funding Head Start through federal block grants to the states rather than through direct federal grants to local agencies. Second, the proposal would shift oversight of Head Start at the federal level from the Department of Health and Human Services (HHS) to the Department of Education (ED). Variations on these two proposals have …

Oklahoma's Parentless Child: Determining The Best Interests Of The Child By Making Multilateral Adoption Decisions, Cara Rodriguez

Oklahoma Law Review

No abstract provided.

The Ethical Case For European Legislation Against Fur Farming, Andrew Linzey

Animal Law Review

In recent years, several member states in the European Union enacted legislation to regulate or prohibit fur farming. This article calls for further action to ban the practice throughout the European Union. The Author notes animals’ inabilities to protect their own interests and the role of law to protect these vulnerable interests. The Author concludes by responding to the objections of fur farming proponents, ultimately finding no legitimate justification for the documented suffering of animals raised on fur farms.

Redesigning Practice To Improve Care Delivery (Boston), Laura A. Dummit, Lisa Sprague

National Health Policy Forum

This site visit focused on how the practice of medicine is changing or can be changed to improve care delivery across the spectrum of patient populations. Regarded as a “medical Mecca,” Boston is home to the academic health centers and teaching hospitals where many of the nation’s physicians are trained. As a center of innovation, Boston prides itself on its high bar with respect to standards of care. Panels addressed the used of clinical information technology (IT) in the physician’s office, in the hospital, and community-wide. Participants observed how IT is being used to further the mission of community health …

Prison Rape Elimination Act (Prea) Summary Of Responses From Juvenile Focus Group On Staff Sexual Misconduct And Youth On Youth Sexual Assault (Focus Group: Juvenile Justice Agencies - Addressing Rape Of Youth In Correctional Custody, Overview Of Current Efforts, Close Out And Reactions (Delivery Strategies, Products)), Brenda V. Smith, Andie Moss

Presentations

Responses to thirteen questions regarding curriculum related to staff sexual misconduct with youth and youth on youth sexual assault are provided. "The objectives of the focus groups included: (1) to gather data that will inform NIC [National Institute of Corrections] in how to best develop a juvenile oriented curriculum on staff sexual misconduct; (2) to gather data that will guide NIC in identifying the major staff sexual misconduct related issues in juvenile corrections, including what stakeholders should be consulted, and what strategies should be utilized in naming the issues and building knowledge about the PREA [Prison Rape Elimination Act]; and …