Digital Commons Network^™

Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix

Animal Law Review

Dr. Lacroix discusses the correlation between different forms of family violence and suggests that family pets are just an­other victim. Dr. Lacroix proposes that stronger animal an­ticruelty laws may be part of the solution to reducing family violence because they enhance the likelihood of detection of an offender's abusive behavior.

On Long-Haul Lawyering, Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

On Long-Haul Lawyering, Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Adr Developments Abroad: Masters In Mediation - European Style!, Nadja Alexander

Research Collection Yong Pung How School Of Law

In Australia when we think of mediationtraining, we generally envisage a four orfive day training course run by amediation service provider or educationalinstitution. Many Australian universitiesalso offer postgraduate studies inmediation and ADR which generallyprovide a combination of theory and skillsdevelopment subjects. Such studiestypically take the form of postgraduatediplomas or Masters degrees offered by auniversity department or a multi-disciplinarymediation centre. Notably, there are norequirements that participants haveprevious qualifications or experience inmediation. One direct effect of this ‘open’policy has been to lower the standard ofpostgraduate teaching and learning in thisfield. For example, postgraduate subjectsin mediation in many law schools aroundthe country offer …

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.

Mediation In Kentucky: Where Do We Go From Here?, Vanessa Mitchell

Kentucky Law Journal

No abstract provided.

"The Past Never Vanishes": A Contextual Critique Of The Existing Indian Family Doctrine, Lorie M. Graham

American Indian Law Review

I don't know my own culture, . . . I am going to need your help in understanding . . . . Teach me, teach my children. These are the words of a forty-three-year-old Navajo woman on her first visit back to the Navajo Nation since her birth. Stolen as an infant, along with her twin brother, and adopted out on the black market, she was finally reunited with her family and community. Her journey home comes at a time when Native American nations are fighting proposed legislation and court-made rules that seek to limit the reach of the Indian …

Uptown Act: A History Of The Uniform Commercial Code: 1940-49, Allen R. Kamp

SMU Law Review

No abstract provided.

Nov. 17, 1997, Ifc, Board Packet Draft Of Envtl Policy And Information Policy, Ifc-R97-208, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 17, 1997, Ifc, Board Packet Draft Of Envtl Policy And Information Policy, Ifc-R97-208, Ifc

IFC E&S Performance Standards

No abstract provided.

Broadly Speaking - October 15, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch

Oregon Law Institute, 1997

Course Materials from the October 10, 1997 Program in Portland

1997 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti

And Never The Twain Shall Meet: The Best Interests Of Children And The Adversary System, Janet Weinstein

University of Miami Law Review

No abstract provided.

Protecting The Rights Of Hard To Place Children In Adoptions, Troy D. Farmer

Indiana Law Journal

No abstract provided.

We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt

University of Michigan Journal of Law Reform

The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation …

Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry

University of Michigan Journal of Law Reform

The problems associated with long-term foster care of children have escalated over the past decade as more abused and neglected children enter the already overworked and underfunded state child protective system& The recent Personal Responsibility and Work Opportunity Reconciliation Act of 1996 mandates giving preference to placement within the extended family for children who cannot be returned to their parents. Compliance with this law requires substantial changes in the policies and procedures of human services agencies in most states. This Article discusses "family group conferencing,' a new model for working with families within the system. Family Group Conferencing originated in …

Developing A Child Advocacy Law Clinic: A Law School Clinical Legal Education Opportunity, Donald N. Duquette

University of Michigan Journal of Law Reform

Clinical legal education has become an accepted and integral complement to traditional law school curricula. Professor Duquette argues that clinical education is uniquely able to integrate the teaching of practical skills and legal doctrine, elevating students' understanding of both. Duquette maintains that a child advocacy law clinic can teach a broad range of practical skill benefit the hosting law school by providing an opportunity for interdisciplinary education as well as a public relations benefit, while simultaneously serving an important need in most communities for quality representation of all parties in child abuse and neglect cases. Most importantly, participation in a …

Speaking To Tribal Judges On The Matter Of Improving Children's Court Practice In Child Abuse And Neglect Cases In Our Country: A Proposal For A Uniform Children's Code, Julian D. Pinkham

University of Michigan Journal of Law Reform

Since the 1970 the responsibilities of the tribal children's courts have increased dramatically. In child welfare case tribal courts no longer simply determine whether a child has been abused or neglected. They now also oversee the placement of the child in a shelter, foster care, or a permanent home, as well as determine the parent's treatment or visitation rights The complexity of the cases causes unacceptable delays in placing Indian children in need of care and hinders the placement of Indian children within the tribal community.

Judge Pinkham introduces a proposed solution to the problems of current tribal child welfare …

Remarks On Women's Progress In The Legal Profession In The United States, Ruth Bader Ginsburg

Tulsa Law Review

No abstract provided.

Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges

BYU Law Review

No abstract provided.

152nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

152nd University of Notre Dame Commencement and Mass Program

Summer

Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre

Washington Law Review

The Individuals with Disabilities Education Act (IDEA) requires states that wish to qualify for federal assistance to demonstrate that they have a policy ensuring all children with disabilities the right to a "free appropriate public education." IDEA also requires that disabled children be educated with nondisabled children "to the maximum extent appropriate." This Article focuses on the tension between IDEA's mandates for appropriate education and integration to the maximum extent appropriate. Advocates of full inclusion claim that, under IDEA, all disabled children-regardless of characteristics-must be placed in the general education classroom for the entire day. Many courts have tacitly accepted …

The Supreme Court's Decision To Recognize A Psychotherapist Privilege In Jaffee V. Redmond, 116 S. Ct. 1923 (1996): The Meaning Of The Term 'Experience' And The Role Of 'Reason' Under Federal Rule Of Evidence 501, Diane Marie Amann, Edward J. Imwinkelried

Scholarly Works

In Jaffee v. United States, 116 S. Ct. 1923 (1996), the U.S. Supreme Court recognized a testimonial privilege protecting the patient-psychotherapist relationship. Its decision is based on Rule 501 of the Federal Rules of Evidence, which permits courts to decide novel questions of privilege in the light of reason and experience. The Court held that this rule authorized not only recognition of a new privilege, but also a privilege of a broad scope, extending to relationships between patients and licensed clinical social workers. Its decision came as a mild surprise, given a widely shared assumption that Rule 501 creates a …

Legal Education: Nemesis Or Ally Of Social Movements?, Janet E. Mosher

Osgoode Hall Law Journal

There is much in legal education which contributes to lawyering practices that are fundamentally at odds with the formation of social movements. These practices include the "individualization" of client problems; the reshaping of the realities of clients' lives into legal categories or boxes; the commitment to instrumentalism (that is, to securing a favourable legal result); and lawyer domination and control and the correlates of client silence and passivity. The genesis for these features of dominant lawyering practices can be traced, at least in part, to legal education. More specifically, legal education's emphasis upon doctrinal analysis, its tendency to trade upon …

The Inner-Morality Of Juvenile Justice: The Case For Consistency And Legality, Adam D. Kamenstein

Cardozo Law Review

American legal and sociological scholarship has struggled for the past century to achieve an effective system for dealing with the problem of juvenile crime. Current juvenile justice systems are the result of this seemingly insurmountable struggle that represents the views of a multitude of competing and complementary interests. These interests, expressed through both descriptive and normative accounts, range from those focused on the welfare of the child who is brought into the juvenile justice system to those concerned with holding the child accountable for his actions. Over a substantial period of American history, these competing interests have yielded a plethora …

Lawyer,Know Thyself: A Review Of Empirical Research On Attorney Attributes Bearingon Professionalism , Susan Daicoff

American University Law Review

No abstract provided.

One Step Forward, Two Steps Back: The Recognized But Undefined Federal Psychotherapist-Patient Privilege, M. Brett Fulkerson

Missouri Law Review

Instead of demanding every man's evidence, as is the general presumption, courts recognize the need for some evidence to remain private. Federal Rule of Evidence 501 governs federal evidentiary privileges without defining or identifying specific privileges. As a result, courts have developed privileges on a case-by-case basis, including the recognition of a psychotherapist-patient privilege. As different circuits pass judgment on the psychotherapist-patient privilege, conflict inevitably arises. Some circuits simply reject the privilege, while others recognize the privilege but apply it differently. The recognition of the psychotherapist-patient privilege was the necessary first step, but leaving the privilege undefined encourages litigation and …

A Feminist View Of American Elder Law, Rebecca Korzec

All Faculty Scholarship

ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations.

As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic …

Protecting Children Or Punishing Mothers: Gender, Race, And Class In The Child Protection System [An Essay], Annette R. Appell

South Carolina Law Review

No abstract provided.