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A Case For Compulsory Legal Ethics Education In Canadian Law Schools, Jocelyn Downie Apr 1997

A Case For Compulsory Legal Ethics Education In Canadian Law Schools, Jocelyn Downie

Dalhousie Law Journal

The author presents principled arguments, consequentialist arguments, arguments by analogy and arguments by authority in support of her conclusion that Canadian law schools should have compulsory legal ethics education. Among other things, she argues that legal ethics education is an imperfect but essential way to meet the obligations that arise from the public trust placed in the legal profession. She also explores a number of benefits that can accrue to students, law schools, the legal profession and society in general when ethics is a compulsory component of legal education.

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The Government's Role In The Support Of Children, Allen M. Parkman Mar 1997

The Government's Role In The Support Of Children, Allen M. Parkman

Brigham Young University Journal of Public Law

No abstract provided.

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The Forum (Volume 27, Number 9), Valparaiso University School Of Law Jan 1997

The Forum (Volume 27, Number 9), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

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Shannon Faulkner And The Citadel: The Effects Of Using Litigation As An Instrument Of Social Reform, Becky Hoover Hernstein Jan 1997

Shannon Faulkner And The Citadel: The Effects Of Using Litigation As An Instrument Of Social Reform, Becky Hoover Hernstein

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

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Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark Jan 1997

Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

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The Immigration Marriage Fraud Amendments: Sham Marriages Or Sham Legislation?, James A. Jones Jan 1997

The Immigration Marriage Fraud Amendments: Sham Marriages Or Sham Legislation?, James A. Jones

Florida State University Law Review

No abstract provided.

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The Best Interests Of Children In The Cultural Context Of The Indian Child Welfare Act In In Re S.S. And R.S., Alissa M. Wilson Jan 1997

The Best Interests Of Children In The Cultural Context Of The Indian Child Welfare Act In In Re S.S. And R.S., Alissa M. Wilson

Loyola University Chicago Law Journal

No abstract provided.

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When The Hazard Is Human: Irrationality, Inequity, And Unintended Consequences In Federal Regulation Of Contagion, Paula Berg Jan 1997

When The Hazard Is Human: Irrationality, Inequity, And Unintended Consequences In Federal Regulation Of Contagion, Paula Berg

Publications and Research

No abstract provided.

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From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith Jan 1997

From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith

Faculty Scholarship

No abstract provided.

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A Capital Investment Of Your Reading Time - Counterpoint: Introduction, Perry A. Zirkel. Jan 1997

A Capital Investment Of Your Reading Time - Counterpoint: Introduction, Perry A. Zirkel.

The Journal of Law and Education

No abstract provided.

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Tribal Sovereignty In The Twenty-First Century, Lawrence Hart Jan 1997

Tribal Sovereignty In The Twenty-First Century, Lawrence Hart

St. Thomas Law Review

No abstract provided.

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Navajo Peacekeeping: Technology And Traditional Indian Law, Robert Yazzie Jan 1997

Navajo Peacekeeping: Technology And Traditional Indian Law, Robert Yazzie

St. Thomas Law Review

No abstract provided.

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Multiple Myths And Outcomes Of Sex Segregation, Cynthia Fuchs Epstein Jan 1997

Multiple Myths And Outcomes Of Sex Segregation, Cynthia Fuchs Epstein

NYLS Journal of Human Rights

No abstract provided.

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Lawyers' Roles In Child Protection, Donald N. Duquette Jan 1997

Lawyers' Roles In Child Protection, Donald N. Duquette

Book Chapters

What roles and responsibilities do lawyers assume in civil child protection cases? As distinguished from other legal proceedings which may grow from a case of child maltreatment, civil child protection proceedings focus on the child and the child's needs. These civil cases are not concerned with punishing an offender, recovering money damages from a person or institution who may have harmed a child, or suspending someone from a professional license. The focus here is on the proper care and custody of the child.

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Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan Jan 1997

Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan

Faculty Publications

Most legal educators reject the premise that the primary mission of the law school is to train law students to practice law. Rather, most law professors claim that their primary function is to teach students to think like lawyers. To many commentators, however, the academic community's antipractice attitude has spawned an unhealthy dichotomy between theory and practice, a division within the academic community, and a chasm between law schools and the practicing bar. Moreover, this dissonance or gap between law school and practice significantly contributes to the fact that most law graduates are substantially unprepared to function as lawyers when …

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An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia Jan 1997

An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia

Articles

Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …

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Understanding And Responding To Gangs In An Emerging Gang Problem Context, G. David Curry, Scott H. Decker Jan 1997

Understanding And Responding To Gangs In An Emerging Gang Problem Context, G. David Curry, Scott H. Decker

Valparaiso University Law Review

No abstract provided.

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Cultural Aspects Of Adolescent Addiction & Treatment, H. Westley Clark, Terry Michael Mcclanahan, Karen L. Sees Jan 1997

Cultural Aspects Of Adolescent Addiction & Treatment, H. Westley Clark, Terry Michael Mcclanahan, Karen L. Sees

Valparaiso University Law Review

No abstract provided.

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Ethics, Professionalism, And Meaningful Work, William H. Simon Jan 1997

Ethics, Professionalism, And Meaningful Work, William H. Simon

Hofstra Law Review

No abstract provided.

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Attorneys And Social Workers Collaborating In Hiv Care: Breaking New Ground, Randye Retkin, Gary L. Stein, Barbara Hermie Draimin Jan 1997

Attorneys And Social Workers Collaborating In Hiv Care: Breaking New Ground, Randye Retkin, Gary L. Stein, Barbara Hermie Draimin

Fordham Urban Law Journal

This article identifies and analyzes the complex ethical and service questions that arise when attorneys and social workers collaborate on behalf of their clients. These issues include: client confidentiality; attorney-client privilege and client waiver of the privilege; identification of the primary client and multi-party representation; legal requirements versus ethical obligations appropriate division of professional responsibilities; case reviews and consultations; and models for combing law and social work practices This article is intended to increase the understanding of and respect for the contributions of both disciplines, promote dialogue among professionals, and enhance service collaborations where appropriate.

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The Public Hospital, Lewis R. Goldfrank, M.D. Jan 1997

The Public Hospital, Lewis R. Goldfrank, M.D.

Fordham Urban Law Journal

The author traces the development of public and private hospitals. In particular, the Article looks at the changing role of the hospital and the development of federal legislation. Next, the author reviews the functions of the public hospital, which include providing care for the poor, prisoners, psychiatric patients, trauma patients, and addicts. A public hospital also has the role of providing emergency and trauma care, while serving a role in disaster management and as the training grounds for the next generation of medical professionals. The closure of public hospitals has become frequent and it does not appear that the current …

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Welfare Reform: An Historical Overview, Richard K. Caputo Jan 1997

Welfare Reform: An Historical Overview, Richard K. Caputo

Richmond Public Interest Law Review

This essay provides an historical overview of welfare reform efforts prior to enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by the 104th Congress. The author argues that the 1996 Act reaffirmed the labor market as the major arbiter of economic well-being of American citizens. In so doing, passage of the Act signified the formal end of income maintenance for able-bodied parents and released the federal government from assuming major responsibility for reducing poverty per se.

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Reinventing Human Services In America, David Stoesz Jan 1997

Reinventing Human Services In America, David Stoesz

Richmond Public Interest Law Review

Passage of the Personal Responsibility and Work Opportunity Act (PRWOA) of 1996 presents an opportunity to reinvent human services in America. For more than a decade, the welfare bureaucracy and public assistance programs of state welfare have been in crisis. The clients who depend on welfare detest it, finding and keeping qualified professionals to work in the public social services has become an administrative headache, and taxpayers perceive welfare as a fiscal black hole that perpetuates immorality. The recent decision to "devolve" welfare in a block grant to states underscores the urgency to rethink public assistance to poor families. There …

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Evidence - Privileged Communications - The Psychotherapist-Patient Privilege As Adopted In The Federal Courts Includes Not Only All Communications To Licensed Psychiatrists And Psychologists, But Also All Communications To Licensed Social Workers In The Course Of Psychotherapy - Jaffee V. Redmond, 116 S. Ct. 1923 (1996)., W. Joseph Nielsen Jan 1997

Evidence - Privileged Communications - The Psychotherapist-Patient Privilege As Adopted In The Federal Courts Includes Not Only All Communications To Licensed Psychiatrists And Psychologists, But Also All Communications To Licensed Social Workers In The Course Of Psychotherapy - Jaffee V. Redmond, 116 S. Ct. 1923 (1996)., W. Joseph Nielsen

Seton Hall Law Review

No abstract provided.

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Jaffee V. Redmond: The Supreme Court Recognizes The Psychotherapist-Patient Privilege In The Federal Courts And Expands The Privilege To Include Social Workers, Jason L. Gunter Jan 1997

Jaffee V. Redmond: The Supreme Court Recognizes The Psychotherapist-Patient Privilege In The Federal Courts And Expands The Privilege To Include Social Workers, Jason L. Gunter

Nova Law Review

No abstract provided.

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Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons Jan 1997

Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons

Faculty Publications

In People in Interest of S.A.H., the South Dakota Supreme Court held that open adoptions, or post-adoption visitation by the natural parents, while not prohibited under South Dakota law when in the best interests of the child, should only be mandated when the trial court finds that it is in the best interests of the child by clear and convincing evidence. The court also instructed trial courts to weigh the needs of the child, the effect on integration with the new family, and the potential effect on the pool of other prospective adoptive parents. This decision, while securing judicial enforcement …

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Welfare Reform And Unitended Consequences: Its Impact On A Local Child Protection Program, Larry Nackerud, Nicole Deets, Curtis Kleem, Alicia Isaac Jan 1997

Welfare Reform And Unitended Consequences: Its Impact On A Local Child Protection Program, Larry Nackerud, Nicole Deets, Curtis Kleem, Alicia Isaac

Richmond Public Interest Law Review

On August 22, 1996, President Clinton signed into law the Personal Responsibility and Work Opportunity Reconciliation Act. The Act represents a fundamental shift in the relationship between the federal government, the fifty states, and persons living in poverty. A shift of this magnitude cannot be analyzed properly without considering the significant impact of unintended consequences that may result from the new policy. Often, unintended consequences occur when two different policies, in this case, public welfare and child protective services, collide. One such possible unintended consequence of this policy shift may be to reduce the effectiveness of a successful child protection …

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The Earned Income Tax Credit And Welfare Reform, James Williams Jan 1997

The Earned Income Tax Credit And Welfare Reform, James Williams

Richmond Public Interest Law Review

The focus of this paper is the EITC and its important role in welfare reform. The current welfare system has been criticized on the grounds that it does not promote and encourage work. Critics also claim that welfare welfare is ineffective in reducing poverty, especially among children. The EITC addresses several of these complaints. First, the EITC "[i]s strongly pro-work. Only working families qualify for it. In addition, unlike welfare benefits, EITC payments rise rather than fall with earnings across that critical low-income range where we want to encourage work effort." Proponents of the EITC, such as Senator Bill Bradley …

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Keynote Address: Social Justice Week 1997, Peter Edelman Jan 1997

Keynote Address: Social Justice Week 1997, Peter Edelman

Richmond Public Interest Law Review

I am pleased to be here not just to talk about the question of what happens to poor people under the new welfare legislation, but also because you have asked me to speak as part of your Social Justice Week. It is very important that you have Social Justice Week and that so many people are so interested in participating. As I will say in more detail later, it is urgent that we get beyond the debate over welfare at the same time as we pay careful attention to the implementation of the new welfare legislation. Our real effort has …

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The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois Jan 1997

The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois

Journal of Law and Health

This paper will try to reconstruct the legal and ethical underpinnings of the confidential relationship of psychotherapist and patient, and will also touch upon the psychotherapist-patient testimonial privilege and its exceptions. It will then describe the liability of psychotherapists for breach of confidentiality based on contract and tort. It will conclude with some evaluation of this type of cause of action, and its future usefulness in the law..

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