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Full-Text Articles in Law
Mandatory Family Mediation And The Settlement Mission: A Feminist Critique, Noel Semple
Mandatory Family Mediation And The Settlement Mission: A Feminist Critique, Noel Semple
Law Publications
North American family law conflicts are very often brought to mediation, in which a neutral third party attempts to bring about a voluntary resolution of the spouses’ dispute. Family mediation has many enthusiastic supporters, and has in many jurisdictions been made a mandatory precursor to traditional litigation. However, it has also given rise to a potent feminist critique, which identifies power imbalance and domestic violence as sources of exploitation and unjust mediated outcomes. This article summarizes the feminist critique of family mediation, and assesses the efforts of contemporary mediation practice to respond to it. Even in the absence of formal …
A Carneades Reconstruction Of Popov V Hayashi, Thomas F. Gordon, Douglas Walton
A Carneades Reconstruction Of Popov V Hayashi, Thomas F. Gordon, Douglas Walton
CRRAR Publications
Carneades is an open source argument mapping application and a programming library for building argumentation support tools. In this paper, Carneades’ support for argument reconstruction, evaluation and visualization is illustrated by modeling most of the factual and legal arguments in Popov v Hayashi.
What Court Staff Told Us: A Summary From The National Self-Represented Litigants Study 2011-2012, Julie Macfarlane, Hannah Bahmanpour
What Court Staff Told Us: A Summary From The National Self-Represented Litigants Study 2011-2012, Julie Macfarlane, Hannah Bahmanpour
National Self Represented Litigants Project
Between December 2011 and December 2012, Dr. Julie Macfarlane (with assistance of Sue Rice, Project Manager) interviewed 101 court and agency staff (including registry staff, court clerks, legal information centre staff, duty counsel and others) working directly with SRLs in Alberta, Ontario and British Columbia. They provided highly consistent responses to our questions about their experiences with SRLs and the challenges they presented for their work.
Theorising Global Governance Inside-Out: A Reply To Professor Ladeur, Sujith Xavier
Theorising Global Governance Inside-Out: A Reply To Professor Ladeur, Sujith Xavier
Law Publications
Professor Ladeur argues that administrative law’s postmodernism (and by extension Global Administrative Law) necessitates that we move beyond relying on ideas of delegation, accountability and legitimacy. Global Governance, particularly Global Administrative Law and Global Constitutionalism, should try to adapt and experiment with the changing nature of the postmodern legality and support the creation of norms that will adapt to the complexities of globalization. Ladeur’s contestation, similar to GAL’s propositions, can be challenged. By taking the International Criminal Tribunal for Rwanda, a significant contributor to the field of international criminal law as an example, it is suggested that the creation of …
Judicial Settlement-Seeking In Parenting Disputes: Consensus And Controversy, Noel Semple
Judicial Settlement-Seeking In Parenting Disputes: Consensus And Controversy, Noel Semple
Law Publications
The judicial role in child custody and visitation disputes has traditionally been understood as one of authoritative decision-making. However this new empirical research suggests that many family court judges prioritize the pursuit of voluntary settlement in pre-trial conferences, using evaluative and facilitative mediation techniques. Drawing on qualitative interviews with judges and other family law professionals in Toronto and New York City, this article identifies points of consensus and controversy among settlement-seeking family judges. Despite the general support for settlement-seeking, there are substantial differences of opinion regarding coercion, due process, and the meaning of the best interests of the child standard.