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Nonlawyers Influencing Lawyers: Too Many Cooks In The Kitchen Or Stone Soup?, Michele M. Destefano

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No abstract provided.

When Bad Speech Does Good, Mary Anne Franks

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No abstract provided.

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

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Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men. Like …

Sexual Harassment 2.0, Mary Anne Franks

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Sexual harassment is a complex and evolving practice. The rise of sexual discrimination in cyberspace is only one of the most recent and most striking examples of the phenomenon's increasing complexity. Sexual harassment law, however, has not kept pace with this evolution. Discrimination law has not been adequately "updated" to address new and amplified practices of sex discrimination. Its two principal limitations are (1) it treats only sexual harassment that occurs in certain protected settings (e.g. the workplace or school) as actionable and (2) it assumes that both the activity and the resulting harm of sexual harassment occur in the …

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

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No abstract provided.

Representing Parents With Severe Mental Illness In Child Welfare Cases, Joshua B. Kay

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Parents with severe mental illness are at greater risk than others of becoming involved in the child protection system, and their cases are more likely than others to result in termination of parental rights. Among women with severe mental illness, 26-75% lose custody to one or more of their children, rates far higher than for women without mental illness. Lawyers who represent mentally ill parents in child protection matters face a number of challenges, including maintaining a productive attorney-client relationship, advocating for appropriate services and reasonable accommodations for their clients’ disabilities, and refuting assumptions about their clients’ parenting abilities that …

Psychological Evaluation Of Parenting Capacity In Child Welfare Proceedings, Katherine L. Rosenblum, Joshua B. Kay

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In the child welfare context, courts, attorneys, and child protection agencies often turn to psychologists to evaluate parenting capacity. As evaluators in child protection cases, psychologists may be asked to evaluate different parties for different purposes, acting as agents of the court, the child protection agency, or directly retained by the parents or the lawyer guardian ad litem. In this article we focus specifically on psychological evaluations addressing issues pertaining to parenting capacity (in contrast to, for example, assessments that focus solely on child psychological well-being or developmental status). These types of assessments may help to inform dispositional decisions, including …

Child Representation In America: Progress Report From The National Quality Improvement Center, Donald N. Duquette, Julian Darwall

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Few dispute that children in the child welfare system need effective representation. In October 2009, the U.S. Children's Bureau named the University of Michigan Law School the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). The QIC-ChildRep is a five-year, multimillion dollar project, charged with gathering, developing, and communicating knowledge on child representation. In addition, the QIC-ChildRep is tasked with promoting a consensus on the role of the child's legal representative and providing one of the first random assignment experimental design research projects on the legal representation of children.

What Is "Good Legal Writing" And Why Does It Matter?, Mark Osbeck

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Law schools face increasing pressure to improve instruction in practice-oriented skills. One of the most important of these skills is legal writing. The existing literature on legal writing contains various rules and suggestions as to how legal writers can improve their writing skills. Yet it lacks an adequate theoretical account of the fundamental nature of good legal writing. As a result, legal writers are left without a solid conceptual framework to ground the individual rules and suggestions. This Article attempts to fill the theoretical void in the literature by offering a systematic analysis of what it is for a legal …

Is Tort Law A Form Of Institutionalized Revenge, Gabriel S. Mendlow

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Viewed in a certain light, tort law serves primarily to give injury victims a means of imposing onerous burdens on their injurers. Through the remedy of injunction, tort law enables victims to restrict their injurers' freedom of action, and through the remedies of damages and restitution, tort law enables victims to deprive their injurers of money and other things of value. Moreover, tort law distinctively grants victims themselves the power to impose these burdens, rather than reserving prosecutorial discretion to the state. These features of tort law invite the charge that tort law is essentially a form of institutionalized revenge. …

Do Sex Offender Registries Make Us Less Safe?, J. J. Prescott

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State legislatures enacted sex offender registration and notification (SORN) laws with the explicit and exclusive aim of reducing sex offender recidivism. The general idea that we ought to “regulate” released offenders — of any type — to reduce the likelihood of their returning to crime is an attractive one, at least in theory. Criminal recidivism generates significant social harm. Nevertheless, despite their now-widespread use, SORN laws became the norm without any systematic study of their consequences. Admittedly, the logic underlying these laws seems at first difficult to gainsay: if a known sex offender poses even a small risk to a …

Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort

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Child welfare cases involving mental illness suffered either by a child or his parent can be among the most difficult and perplexing that a child’s lawyerguardian ad litem (L-GAL) will handle. They may present daunting problems of accessing necessary and appropriate services as well as questions about whether and when such mental health problems can be resolved or how best to manage them. They also require the L-GAL to carefully consider crucially important questions—rarely with all the information one would like to have and too often with information that comes late in the case, is fragmented or glaringly incomplete. This …

The Question Of Courage, William I. Miller

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Courage is first among virtues in heroic epic and in cultures of honor. Men cared to be known for their courage. It not only took courage to fight well, but the issue often being fought over was who had more of it. Courage was competitive. Men were ranked according to the degree of courage they possessed. Arguments arose as to what counted as truly courageous, what the perfect form of the virtue was, and what were lesser though still worthy semblances of it. Not only philosophers theorized about courage: warriors, politicians and spectators did so as well. The stakes were …

Building Resilience In Foster Children: The Role Of The Child's Advocate, Frank E. Vandervort, James Henry, Mark A. Sloane

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This Article provides an introduction to, and brief overview of trauma, its impact upon foster children, and steps children's advocates" can take to lessen or ameliorate the impact of trauma upon their clients. This Article begins in Part 11 by defining relevant terms. Part III addresses the prevalence of trauma among children entering the child welfare system. Part IV considers the neurodevelopmental (i.e., the developing brain) impact of trauma on children and will explore how that trauma may manifest emotionally and behaviorally. With this foundation in place, Part V discusses the need for a comprehensive trauma assessment including a thorough …

The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos

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Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This Article, which embraces the second story, assesses the current wave of deinstitutionalization litigation. It contends that things will be different this time. The particular outcomes of the first wave of deinstitutionalization litigation, this Article contends, resulted from the …

Why I Do Law Reform, Lawrence W. Waggoner

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In this Article, Professor Waggoner, newly retired, provides a retrospective on his career in law reform. He was inspired to write the Article by a number of articles by law professors explaining why they write. He contrasts law-reform work with law-review writing, pointing out that the work product of a law-reform reporter is directed to duly constituted law-making authorities. He notes that before getting into the law-reform business, he had authored or co-authored law review articles that advocated reform, but he also notes that those articles did not move the law a whit. The articles did, however, lead to his …

When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr

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This article highlights the concerns facing foreign national children who are both victims of human trafficking and under the jurisdiction of juvenile and family courts. Human trafficking is modern day slavery in which individuals, including children, are compelled into service and exploited. Foreign national human trafficking victims in juvenile and family court systems must navigate both the state system and a complex federal immigration system. This article explains the federal benefits available to these children and identifies the best practice approaches for juvenile and family court systems to increase identification of and support for foreign national child trafficking victims.jfcj_1073

Support Of Non-Biological Children In Jewish Law, J. David Bleich

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Adoption as a legal institution is unknown in Jewish law. Suppression of parental identity, as generally occurs in closed adoption, is banned “lest the earth become filled with licentiousness” (Leviticus 19:29). Rabbinic tradition interprets that verse as expressing concern regarding the possibility of a future incestuous marriage. Nevertheless, raising an orphan in one’s home is regarded as highly meritorious. However, binding obligations of support and maintenance can be undertaken only by means of contract. Such a contract in favor of a stepchild may be verbal if entered into at the time of marriage. Otherwise, a formal kinyan, i.e., one of …

Racial Inclusion, Exclusion And Segregation In Constitutional Law, Michelle Adams

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In Part I of the Article, I examine early cases in which the Court described segregation as a form of resource "lock-up." In several cases leading up to Brown, the Court detailed how racial segregation allows a more dominant group to hoard substantial societal resources. In these early cases, the Court's focus was on segregation as a mechanism for excluding individuals from valuable benefits on the basis of race; it did not speak explicitly to the harms associated with racial classification schemes. In this Part of the Article, I also return to Brown v. Board of Education and explore the …

Provocation At Face Value, Kyron J. Huigens

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To take provocation at face value is to plead and prove it as a manslaughter offense, as it is defined in most criminal codes. To do this seems to be both unnecessary and impossible. The defendant has the best access to evidence of provocation and will benefit from the proof of this partial defense, so why should he not be required to prove it? The prosecution has no incentive to prove provocation manslaughter because the definition of this offense includes a murder. Why would the prosecution, having proved a murder, set out to prove a lesser crime than the crime …

Planning Positivism And Planning Natural Law, Martin J. Stone

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Scott Shapiro offers an elaboration and defense of “legal positivism,” in which the official acceptance of a plan figures as the central explanatory notion. Rich in both ambition and insight, Legality casts an edifying new light on the structure of positive law and its officialdom. As a defense of positivism, however, it exhibits the odd feature that its main claims will prove quite acceptable to the natural lawyer. Perhaps this betokens – what many have begun to suspect anyway – that our usual tests for classifying legal theories (as positivist or not) are, in the present state of discussion, no …

Property's Memories, Eduardo Peñalver

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No abstract provided.

When Is A Difference Really Different? Learners' Discrimination Of Linguistic Contrasts In American Sign Language, Joseph Bochner, Karen Christie, Peter Hauser

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Learners’ ability to recognize linguistic contrasts in American Sign Language (ASL)was investigated using a paired-comparison discrimination task. Minimal pairs containing contrasts in five linguistic categories (i.e., the formational parameters of movement, handshape, orientation, and location in ASL phonology, and a category comprised of contrasts in complex morphology) were presented in sentence contexts to a sample of 127 hearing learners at beginning and intermediate levels of proficiency and 10 Deaf native signers. Participants’ responses were analyzed to determine the relative difficulty of the linguistic categories and the effect of proficiency level on performance. The results indicated that movement contrasts were the …

Phenomenological Study Of Postgraduate Researchers' Experiences Of Nanoscience And Nanotechnology Research, Deepa Chari, Paul Irving, Robert Howard, Brian Bowe

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Over the past few decades, scientific disciplines have changed significantly with the introduction of new and complex aspects of interdisciplinary research, particularly in the area of nanoscience and nanotechnology (N&N). The current attempts to develop science education programmes in N&N area to adopt these complex changes however are mainly focussed towards the core scientific knowledge, and, not much attention has been paid to identify the attributes knowledge, skills and competences necessary to successfully undertake N&N research. Identification of these attributes is important so that the core scientific knowledge can be embedded in the curricula more effectively. Also, to work successfully …

Identifying The Knowledge, Skills And Competences For Nanoscience And Nanotechnology Research, Deepa Nathamuni Chari, Robert Howard, Brian Bowe

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Nanoscience and nanotechnology research has influenced the research activities in various scientific disciplines such as physics, chemistry, biology, engineering, molecular biology and biotechnology. The postgraduate researchers working on nanoscience and nanotechnology related research projects in any of these scientific disciplines experience the world of nanoscience and nanotechnology research closely. The examinations of the postgraduate researchers’ lived experiences can certainly unfold the characteristics of nanoscience research as experienced by the researchers themselves and can further illuminate the knowledge, skills and competences required to successfully undertake this research.

Who Benefits From Early Childcare Subsidy Design In Ireland?, Bernie O'Donoghue Hynes, Noirin Hayes

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Best Newcomer Article

The design of policy tools reveals underlying biases that are not easily identified in policy documents. A review of two early childhood education and care subsidies in Ireland aimed at different target populations exposes differential treatment of children, parents and service providers. It also demonstrates how in a split system ‘early education’ is prioritised over ‘childcare’. The designs serve to reinforce stereotypes that enable the powerful and advantaged to accrue benefits while those perceived to be less deserving are burdened through the maldistribution of resources.

What Is Wrong About Wrongdoing, Anthony J. Sebok

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This short article, which was prepared for a conference on civil recourse theory at Florida State University School of Law, asks whether Blackstone’s rejection of maintenance is inconsistent with the theoretical commitments of modern civil recourse theory. Blackstone strongly believed that third parties should not help victims of wrongdoing discover that they have been wronged, this article asks whether modern civil recourse theory is committed to the position (now in retreat throughout common law nations) that third parties who help strangers’ lawsuits are acting against the public interest (or, as Blackstone put it, are “pests of society . . . …

Human Reliability Analysis In Healthcare, Esa M. Rantanen, Joe Deeter

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The problem of human error in healthcare is well documented. Other domains (such as transportation and energy) have used techniques and methods from the engineering disciplines to analyze and ultimately reduce instances of error. In New York State (NYS), the Department of Health (DOH) requires the use of one such method, Root Cause Analysis (RCA), in investigating and reporting the occurrence of and response to sentinel events by hospitals. Despite the use of the RCA technique in an attempt to identify and mitigate the root causes of error, the problem of human error contributing to sentinel events persists. Experts in …

Economic And Social Impacts Of Wildfires And Invasive Plants In American Deserts: Lessons From The Great Basin, Mark W. Brunson, John Tanaka

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Research on the impacts of wildfire and invasive plants in rangelands has focused on biophysical rather than human dimensions of these environmental processes. We offer a synthetic perspective on economic and social aspects of wildfire and invasive plants in American deserts, focusing on the Great Basin because greater research attention has been given to the effects of cheatgrass expansion than to other desert wildfire/invasion cycles. We focus first on impacts at the level of the individual decision-maker, then on impacts experienced at the human community or larger socio-political scales. Economic impacts of wildfire differ from those of invasive grasses because …

Understanding And Supporting Young People Who Self Injure In Social Care Settings, David Williams

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Abstract: this article provides a brief discussion on the issue of young people who self injure in social care settings. The discussion identifies this issue to be extremely challenging for social care workers caring for clients presenting with self injurious behaviour. The article focuses on providing some key definitions of self injury, identifies some key concepts in helping professionals understand the functions and reasons for self injurious behaviour and finally suggests some practical guidelines for social care workers in responding to young people in their care who harm themselves. The underlying ethos of these guidelines being the importance of using …