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Beyond Paternalism: The Role Of Counsel For Children In Abuse And Neglect Proceedings, Suparna Malempati Apr 2013

Beyond Paternalism: The Role Of Counsel For Children In Abuse And Neglect Proceedings, Suparna Malempati

The University of New Hampshire Law Review

[Excerpt] “Across the nation, lawyers routinely represent children who enter the juvenile court system. Juvenile court systems typically handle two types of cases: delinquency and dependency. Delinquency refers to those cases where children are accused of wrongdoing, which generally means a criminal offense. Dependency cases involve situations where the child is alleged to be mistreated, i.e. abused or neglected, by parents or guardians.

Lawyers are involved in both types of proceedings most traditionally as representatives of the state. Lawyers represent the state and bring forth charges of criminal conduct against the child in delinquency proceedings. Lawyers represent the state and …


Franklin Pierce Law Center: Leading The Way In Legal Education For New Hampshire, John D. Hutson Sep 2006

Franklin Pierce Law Center: Leading The Way In Legal Education For New Hampshire, John D. Hutson

The University of New Hampshire Law Review

[Excerpt] "This issue of the Pierce Law Review is the first devoted entirely to the practice of law in New Hampshire. This venture is appropriate because the Franklin Pierce Law Center is the only law school in the State. We are truly New Hampshire’s law school. Our Trustees, faculty, staff, and students feel this responsibility profoundly. Pierce Law serves as both a state law school and a national and international school. While we send a greater percentage of our graduates out of state than any other law school in the country except one, our alumni comprise fully one-third of the …


The Difference Between Filing Lawsuits And Selling Widgets: The Lost Understanding That Some Attorneys’ Exercise Of State Power Is Subject To Appropriate Regulation, Paul Taylor Dec 2005

The Difference Between Filing Lawsuits And Selling Widgets: The Lost Understanding That Some Attorneys’ Exercise Of State Power Is Subject To Appropriate Regulation, Paul Taylor

The University of New Hampshire Law Review

[Excerpt] "It is often argued that all attorneys practicing in the United States – regardless of the function they perform in the American justice system – are purely private actors working in a free market system. This article examines whether it is true that all attorneys in every instance should be equated, as a matter of public policy, with other private actors.

This article explores why not all attorneys function in a free market, and consequently their remuneration should not always remain unregulated. Attorneys who file lawsuits can, by simply filing a complaint at their unfettered discretion, immediately subject defendants …