Digital Commons Network^™

Promoting Children's Interests Through A Responsible Research Agenda, Margaret F. Brinig

University of Florida Journal of Law & Public Policy

No abstract provided.

A Casebook With Purpose: Shedding Light On Children's Rights And Remedies, Miriam Dillard

University of Florida Journal of Law & Public Policy

No abstract provided.

Additional Readings For Defending Childhood, Mae M. Clark, Mauri K. Hawkins

University of Florida Journal of Law & Public Policy

No abstract provided.

Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love

Articles

No abstract provided.

Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow

Fordham Law Review

No abstract provided.

Law Schools And Family Court Reform, Andrew Schepard

Hofstra Law Faculty Scholarship

Family courts are underfunded and overwhelmed, and the quality of representation provided by counsel in family court cases is problematic. This article discusses what role law schools can play in promoting family court reform. It argues that law school involvement in family court is consistent with the law school’s core missions of education, research, and public service. The article illustrates how law schools can he involved in family court reform by discussing interdisciplinary projects of the Center for Children, Families and the Law of Hofstra University and North Shore-Long Island Jewish Health Systems. Finally, the article identifies some lessons to …

Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …

How Much Does Legal Status Matter? Adoptions By Kin Caregivers, Margaret F. Brinig, Steven L. Nock

Journal Articles

Virtually all the legislation dealing with families that include children begins with a "best interests of the child" premise.' Most, if not all, of the litigated results at least seem to maximize the outcomes for adults. This discrepancy should not be surprising, for both substantive and procedural reasons.

The substantive reason, as even the Supreme Court has noted, is that most of the time, what is good for parents will also be good for children. Moreover, having parents who possess many "rights" allow them to better exercise their parental responsibilities. From a procedural perspective, adults are usually the named parties …

Adding Value To Families: The Potential Of Model Family Courts, Jane M. Spinak

Faculty Scholarship

The Harlem Community Justice Center (Justice Center) officially opened in July 2000 with all the fanfare of a major civic event. The Chief Judge of the State of New York, Judith Kaye, and the Mayor of the City of New York, Rudolph Guiliani, were keynote speakers, lauding the combined efforts of private administrators and public officials in reopening a deteriorating but magnificent 1892 court building in the center of Harlem. The ceremony began and ended with gospel sung by the Addicts Rehabilitation Center Choir, a musical reflection of one component of the Justice Center's jurisdiction. The new Juvenile Intervention Court …

Take Courage: What The Courts Can Do To Improve The Delivery Of Criminal Defense Services, Adele Bernhard

Articles & Chapters

In this article, I first, suggest that the current deplorable state of criminal defense services should provide a motivation for judicial action. Then, I review the precedent providing the foundation for judicial action. In the third section, I discuss the standards applicable to defense services. In the final section, I speculate about the changing role of the criminal defense attorney and how that evolution might hasten judicial action.

Lawyers, Non-Lawyers And Mediation: Rethinking The Professional Monopoly From A Problem-Solving Perspective , Jacqueline Nolan-Haley

Faculty Scholarship

Mediation is a big business today that is practiced by lawyers and non-lawyers, and is closely related to the business of law. Lawyers have a long-standing monopoly on the law business and do not look favorably on sharing their power with nonlawyers. This phenomenon is odd because it occurs at the same time that the legal profession is beginning to embrace a new ethic of problem-solving that honors the values of collaboration and power-sharing among professionals in multiple disciplines. Lawyers protect their professional monopoly through the unauthorized practice of law ("UPL") doctrine that limits the practice of law to licensed …

Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In these comments I suggest that in our current world, both international and domestic, practicing "in the interests of justice" includes-indeed, should give great priority to-the "peace-seeking" and "problem solving" aspects of lawyering. I continue to see this as counter-cultural to the more common practices of lawyers who are argumentative, persuasive and articulate debaters, who believe fervently and vigorously that seeking justice, on behalf of a client or cause, means advocating for and "winning" a legal claim. To the contrary, seeking peace for parties (and, indeed, nation-states) in conflict, searching for consensus solutions to seemingly intractable public policy and legal …

The Lawyer As Consensus Builder: Ethics For A New Practice, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this Article, I explore the roles of lawyers in alternative dispute resolution ("ADR"), including traditional roles in arbitration and "new" roles in mediation and facilitation. I also discuss how conventional ethics rules for lawyers fail to provide guidance and "best practices" for lawyers who serve in these new roles. State legislatures and professional associations, such as the American Arbitration Association ("AAA"), the Center for Public Resources Institute for Dispute Resolution ("CPR"), and the Association of Conflict Resolution, have adopted ethical codes for mediators and arbitrators. Select professional associations are also developing "best practice" guides for the provision of ADR …

The Mandatory Reporting Of Adult Victims Of Violence: Perspectives From The Field, Karen P. West, Linda Bledsoe, Joni Jenkins, Lois Margaret Nora

Kentucky Law Journal

No abstract provided.

Legal Services Provision Through Non- Profit Multidisciplinary Practice – Encouraging Holistic Advocacy, While Protecting Ethical Interests, Stacy Brustin

Scholarly Articles

This Article examines the current debate on multidisciplinary practice (MDP) in the context of legal services provision in a non-profit setting and suggests ways for advocates and non-profit organizations to reap the benefits of MDP while avoiding the potential ethical pitfalls of such arrangements. Part I of the Article outlines the benefits of using a multidisciplinary model to address the legal needs of clients who are traditionally marginalized from the United States legal system. Part II explores the ethical debate surrounding multidisciplinary practice and analyzes whether the current rules of professional conduct prohibiting multidisciplinary practice apply to nonprofit organizations. Part …

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

Take Courage: What The Courts Can Do To Improve The Delivery Of Criminal Defense Services, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Engendered By Technologies, Anita Bernstein

North Carolina Law Review

No abstract provided.

Patients' Rights In The New Millennium

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr

University of Michigan Journal of Law Reform

Comparing the law and policies of other countries concerning disability rights to ours can help us understand how we may strengthen those rights and heighten compliance with nondiscrimination laws. Since it took effect in 1992, the Americans with Disabilities Act (ADA) has been a leading example of such comprehensive legislation on behalf of people with disabilities. Along with the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities, the ADA has inspired many countries to develop their own disability nondiscrimination laws and remedial agencies. This process must work in both directions, however, and laws and agencies from …

The United States Supreme Court's Limitations Of The Individuals With Disabilities Education Act Forces A Court To Prevent A Disabled Student From Receiving A Meaningful Public Education By Denying Him The Necessary Services Of Participation In Athletics, Lucy Kats

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Vol. 21, No. 13 (November 19, 2001)

Indiana Law Annotated

No abstract provided.

Hesitating To Look In The Mirror: German Jurisprudence After 1933 And After 1945, Michael Stolleis

Fulton Lectures

No abstract provided.

The Weekly November 5, 2001, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Profile, Fall 2001

Alumni Magazines

No abstract provided.

Class Of 2004 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2004

The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard

Osgoode Hall Law Journal

This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child neglect and poverty. …

Gender Politics In Massachusetts: Progress For Paid Family Leave, Elizabeth A. Sherman

New England Journal of Public Policy

Advances in the educational and occupational status of women in the United States over the past quarter century have greatly expanded the participation of women in the workforce. However, economic and social changes in women’s lives have put pressure on traditional family roles and on the political system to respond to the problems families face balancing work and family responsibilities. Initiatives for paid family leave in Massachusetts reflect the newfound political strength of women in politics — as leaders of political organizations, as elected officials, and as voters — and the willingness of the state’s political elite to grapple with …

Social Welfare And The Family: Examining The Policy Considerations, Similarities And Differences In The State Of Wisconsin And Sweden, Stephanie M. Westhuis

Tulsa Journal of Comparative and International Law

No abstract provided.

Social Welfare And The Family: Examining The Policy Considerations, Similarities And Differences In The State Of Wisconsin And Sweden, Stephanie M. Westhuis

Tulsa Journal of Comparative and International Law

No abstract provided.