Download or read book Fashioning an Interdisciplinary Framework for Court Reform in Family Law written by Barbara A. Babb and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Caring for Families in Court written by Barbara A. Babb and published by Routledge. This book was released on 2019-01-15 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.

Download or read book An Interdisciplinary Approach to Family Law Jurisprudence written by Barbara A. Babb and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, the legal system has attempted to fashion morality in determining family legal issues rather than to devise legal remedies that accommodate how families live. This approach must change, and a new approach based on legal realism that effectuates the well-being of families and children must be developed. This article proposes an interdisciplinary approach based on an ecological and therapeutic jurisprudential paradigm to resolve family legal proceedings. An ecological approach, emanating from the ecology of human development social science paradigm, is one in which family law decision-makers consider factors beyond their conceptions of the family. This approach urges decision-makers to account for the "family ecology," which includes the institutions within which family members participate, such as neighborhoods and religious organizations. Utilizing an ecological approach to family law jurisprudence implies that decision-makers appreciate the importance of socially rich environments for family members and facilitate linkages between and among as many systems in litigants' lives as possible. The therapeutic jurisprudential paradigm emerges from the field of mental health law and looks at the role of law as a therapeutic agent. The author urges that family law decision-makers consider outcomes that have therapeutic or positive consequences for families and children. To employ this interdisciplinary ecological and therapeutic framework, the court system must accommodate a range of dispute resolution techniques, including negotiation, mediation, and adjudication, allowing the judge to strike a balance between the parties' own resolution and a full court trial of family law issues. An interdisciplinary paradigm for family law jurisprudence that applies the ecology of human development perspective and notions of therapeutic jurisprudence can ensure that family law decision-makers and the courts are a source of strength and support for the continued and enhanced functioning of America's families.

Download or read book Reform of the Family Division of the District of Columbia Superior Court written by United States. Congress. House. Committee on Government Reform. Subcommittee on the District of Columbia and published by . This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Gadamer and Law written by FrancisJ.Mootz Iii and published by Routledge. This book was released on 2017-07-05 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans-Georg Gadamer‘s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer‘s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer‘s hermeneutical philosophy. Part I considers the relevance of Gadamer‘s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer‘s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.

Download or read book Problem Solving Courts written by Richard L. Wiener and published by Springer Science & Business Media. This book was released on 2013-07-11 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to make the criminal court system more effective there has been a growing trend to have courts participate in what is essentially a rehabilitation strategy. Such courts are often referred to as “problem-solving” because they are working on root causes of criminal behavior as part of the dispensation of justice. This major shift in the role of the courts means that the court works closely with prosecutors, public defenders, probation officers, social workers, and other justice system partners to develop a strategy that pressures offenders to complete a treatment program which will ultimately, hopefully prevent recidivism. Research has shown that this kind of strategy has a two-fold benefit. It has been successful in helping offenders turn their lives around which leads to improved public safety and the ultimate saving of public funds. This book is the first to focus exclusively on problem solving courts, and as such it presents an overview of the rationale and scientific evidence for such courts as well as individual sections on the key areas in which these courts are active. Thus there is specific attention paid to domestic violence, juvenile criminality, mental health, and more. Throughout, research findings are incorporated into general discussions of these courts operate and ideally what they are trying to accomplish. There is also discussion of how such courts should evolve in the future and the directions that further research should take.

Download or read book State Court Organization written by and published by . This book was released on 1998 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Divorced from Reality written by Jane C. Murphy and published by NYU Press. This book was released on 2015-06-26 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Over the past thirty years, there has been a dramatic shift in the way the legal system approaches family disputes. Traditionally, family disputes were resolved through an 'adversary' system: opposing parties appealed to a judge who determined which party was at fault and how the marital assets - including the children - should be divided. Now, many family courts are opting for a 'problem-solving' model in which courts attempt to restructure families by resolving both legal and nonlegal issues. At the same time, American families have changed dramatically. Divorce rates have slowed, while the number of children born and raised outside of marriage has increased sharply. Grandparents and same-sex partners care for children, and more fathers seek an active role in their children's lives. As a result, families in today's court system have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current 'problem-solving' model fails to address the realities of today's families. While today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties - a model that fits poorly with the realities of today's disputing families. And courts may no longer be the best place for families in conflict. To serve the families it is meant to help, the legal system must adapt and reshape itself"--Unedited summary from book jacket.

Download or read book State Court Organization 1998 written by and published by . This book was released on 2000 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Patching Up the Cracks written by Michael D. Grimes and published by Lexington Books. This book was released on 2005 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Patching Up the Cracks Michael D. Grimes evaluates the American juvenile court system, specifically looking at its ability to address child abuse and neglect cases. This project is both a specific case study focusing on the Orleans Parish Juvenile Court in New Orleans, Louisiana, and a discussion of the need to examine the juvenile court system within its larger social and institutional context. Grimes persuasively argues that in order to better evaluate the potential for juvenile court reform, it is crucial to understand the health of the larger community environment within which the court system operates. The book begins with a chronological overview of the evolution of children's rights and a brief history of juvenile justice in America, culminating in a thoroughgoing assessment of its current status. Grimes concludes with a discussion of the need for more adequate studies--researchers and students will appreciate the discussion of his own research design and methodology--of the ways that juvenile courts treat dependency cases and the processes through which these courts can improve their performance.

Download or read book Bureau Of Justice Statistics State Court Organization 1998 June 2000 written by and published by . This book was released on 2001 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law Hermeneutics and Rhetoric written by Francis J. Mootz Iii and published by Routledge. This book was released on 2016-04-22 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.

Download or read book The Family in America 2 volumes written by Joseph M. Hawes and published by Bloomsbury Publishing USA. This book was released on 2002-05-22 with total page 1108 pages. Available in PDF, EPUB and Kindle. Book excerpt: An incisive, multidisciplinary look at the American family over the past 200 years, written by respected scholars and researchers. Family in America offers two powerful antidotes to popular misconceptions about American family life: historical perspective and scientific objectivity. When we look back at our early history, we discover that the idealized 1950s family—characterized by a rising birthrate, a stable divorce rate, and a declining age of marriage—was a historical aberration, out of line with long-term historical trends. Working mothers, we learn, are not a 20th century invention; most families throughout American history have needed more than one breadwinner. In the exciting new scholarship described here, readers will learn precisely what is new in American family life and what is not, and acquire the perspective they need to appreciate both the genuine improvements and the losses that come with change.

Download or read book Kentucky Law Journal written by and published by . This book was released on 2004 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Cultural Sociology of Divorce written by Robert E. Emery and published by SAGE. This book was released on 2013-02-21 with total page 1625 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the formal definition of divorce may be concise and straightforward (legal termination of a marital union, dissolving bonds of matrimony between parties), the effects are anything but, particularly when children are involved. The Americans for Divorce Reform estimates that "40 or possibly even 50 percent of marriages will end in divorce if current trends continue." Outside the U.S., divorce rates have markedly increased across developed countries. Divorce and its effects are a significant social factor in our culture and others. It might be said that a whole "divorce industry" has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII's divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland legalized divorce only in the latter quarter of the 20th century. This multi-disciplinary encyclopedia covers curricular subjects related to divorce as examined by disciplines ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion, all through a lens of cultural sociology. Features: 550 signed entries, A-to-Z, fill 3 volumes (1,500 pages) in print and electronic formats, offering the most detailed reference work available on issues related to divorce, both in the U.S. and globally. Cross-References and Further Readings guide readers to additional resources. A Chronology provides students with context via a historical perspective of divorce. In the electronic version, the comprehensive Index combines with Cross-References and thematic Reader's Guide themes to provide convenient search-and-browse capabilities. For state and nation entries, uniform entry structure combined with an abundance of statistics facilitates comparison between and across states and nations. Appendices provide further annotated sources of data and statistics.

Download or read book Children and the Law written by Douglas E. Abrams and published by West Academic Publishing. This book was released on 2003 with total page 1338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook emphasizes doctrine, policy, and practice. It presents three central themes: the interrelated rights and obligations of children, parents, and government; ways the legal system assesses and uses children's competence to shape regulation; and the role of the child's lawyer. Volume covers several relevant international law issues, including the UN Convention on the Rights of the Child, international child labor, and U.S. tobacco exports to children overseas. The authors have devoted entire chapters to the representation of children, the meaning of "parent," abuse and neglect, the foster care system, adoption, medical decision-making, support and other financial responsibilities, protective legislation, and delinquency.

Download or read book Rehabilitating Lawyers written by David B. Wexler and published by . This book was released on 2008 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to bridge the traditional divide between scholarship and practice in the field of law. It introduces the interdisciplinary perspective of therapeutic jurisprudence (TJ) and then, largely through the thoughtful and informative essays of practitioners and clinical law professors, shows how criminal law practice can be enriched -- and how clients can benefit -- from lawyers looking at their practice with a TJ lens. Lawyers can be positive change agents for many of their clients, and will find that this approach can markedly increase their own professional satisfaction and enhance their professional image. "Rehabilitating Lawyers is the kind of smart and balanced book too often absent from the fractious debate about the future of our criminal justice system. By embracing healing as a legitimate criminal justice goal, Professor Wexler offers up an exciting new paradigm in which lawyers finally deserve the label 'counselor.'" -- Robin Steinberg, Executive Director, Bronx Defenders "Criminal law, criminal lawyers and their clients need more than skillful representation in court. For the cycle of offending to be slowed, for criminal law to meet its stated objectives, and for criminal lawyers to survive burnout, fundamental reconceptualising of the law and lawyering are needed. Rehabilitating Lawyers provides a challenging way of reframing through therapeutic jurisprudence how opportunities for reclamation of offenders can be fostered and criminal lawyers can play a role in reducing recidivist offending. It explores how the ethical practice of criminal law by attorneys and judges alike, from charging through trials and sentencing and into probation, can be made more humane and constructive." -- Dr. Ian Freckelton SC, Barrister, Melbourne, Australia, Professor of Law, Forensic Medicine and Psychological Medicine, Monash University "The editor hopes that this book will bridge the wide academic/legal practitioner divide. It has done so admirably....This inspirational edition deserves wide circulation and further incorporation of its ideas into legal education, court practice and legislative action." -- Law Institute Journal, October 2008 "The most interesting, important and innovative book I have read about the practice of law in many years. I'm a former Public Defender (still one at heart), and I hope this book is read by all of those who devote themselves valiantly to this most undervalued position. Anyone who has ever represented a criminal defendant owes Professor Wexler a great debt of gratitude."-- Professor Michael L. Perlin, Director, International Mental Disability Law Reform Project, Director, Online Mental Disability Law Program New York Law School "Wexler's collection deserves a place on the shelves of academics interested in this important area of legal education; it is a balanced well referenced source, and a great primer for this area of theory and practice. An equally important reading audience are court administrators, judges and Attorneys General who have the clout to implement some of these suggestions." -- Australian Lawyers Alliance Journal