The Child's Attorney and the Alienated Child: Approaches to Resolving the Ethical Dilemma of Diminished Capacity

Increasingly lawyers for children follow a model of “client centered” (as opposed to “best interests”) representation in child custody disputes in which the child client defines the objectives of the representation. The client‐centered model, while appropriate in most cases to give voice to the child's preferences in a process that deeply impacts him or her, can create an ethical dilemma for the child's lawyer in cases where a child is truly alienated from the other parent by the actions of the alienating parent. Alienated children strongly and unreasonably express a preference for objectives of representation that might further damage the alienated parent's relationship with the child. The alienated child's objectives may be the result of a campaign of denigration and “brainwashing” by the alienating parent. This Note suggests that when a child is truly alienated from a parent, as diagnosed by a mental health expert, the child may have “diminished capacity” and therefore, the client‐directed model of representation is not adequate. This Note proposes that the Child's Attorney must determine whether the child is of diminished capacity under the Model Rules of Professional Conduct and, if so, must treat the client accordingly under Rule 1.14. Specifically, the attorney may, if all other remedial measures are inadequate, override the child's wishes and advocate a position that the child would take, but for the brainwashing of the child used to alienate him or her from a parent.     

生育权初探

生育权是目前社会关注的问题,也是实践中遇到纠纷比较难解决的问题。生育权是指具有合法婚姻关系的男女依照法律规定享有决定是否生育、何时生育和生育子女数量的权利。侵犯生育权应承担相应的法律责任。     

Towards a More Comprehensive Analysis of Warlord Politics: Constitutive Agency,Patron–Client Networks and Robust Action

This article serves as a critique of a recent American foreign policy formulation proposing to eradicate ‘warlordism’ and asserting that democratic institutions can be directly created out of the post-eradication anarchic chaos. Against this background, recent years have indeed seen a bourgeoning literature on ‘warlord politics’ in Southeast Asia. The majority commonly portray political actors as faithful followers of economic rationality and self-interest. Therefore, most are conceived as selfish predators who ruthlessly use violence for private gains at the expense of public interest. By suggesting that comparative studies on warlordism have been heavily influenced by the political economy perspective, the article develops a more comprehensive analysis of warlord politics. Along the lines of patron–client network analysis, insights from moral economy and agency-structure sociological dualism are considered. Contrasting case studies are used to illustrate how the alleged warlords of Southeast Asia do not fit entirely into the political economy perspective. Caught in a vast patron–client network of competing interests and diverse powers across state and society, one's agency is constantly constituted by discursive arrays of contending interests, juxtaposing rationalities and multiple intentions. In state building, this complication is regarded as paradoxically necessary for compelling the alleged warlord-actor to re-define and elevate multiple private interests into public interest.     

To Disclose or not to Disclose? That is the Question in Collaborative Law

Collaborative Law (CL) is a dispute resolution process increasingly used in family law and divorce designed to encourage problem solving negotiations by parties represented by counsel. Many states have adapted legislation to authorize and facilitate CL and thousands of lawyers have been trained in the CL process. CL lawyers and participants sign a Participation Agreement in which they agree that the lawyers will be disqualified if the CL process terminates without settlement. They also promise full and voluntary disclosure of information. The extent of the obligation of disclosure is, however, unclear. Through analysis of an extended hypothetical divorce settlement negotiation, this article advocates that CL lawyers and clients should assume an obligation to disclose material facts without a request from the other side. Traditional legal ethics, based on an adversarial framework, requires only disclosure of information when requested by another party. In addition, in traditional legal ethics, a lawyer cannot disclose information obtained in the course of the lawyer‐client relationship without the client's consent even if material to the negotiation. Some authority regulating CL, however, suggests that CL participants and counsel should disclose material information without a specific request even if a client does not want the information disclosed. In that situation, the CL lawyer should encourage the client to disclose the information but if the client refuses to do so, withdraw from the representation. This Article reviews the arguments for and against an obligation of affirmative disclosure in CL. It suggests that affirmative disclosure obligations should be the subject of discussion between CL participants and lawyers and that CL Participation Agreements should be drafted to establish a clear obligation. Finally, this article identifies key areas for further discussion and research on CL disclosure obligations.     

Do Not Make their Trauma Your Trauma: Coping with Burnout as a Family Law Attorney

In the field of family law, attorneys frequently expose themselves to highly emotional and traumatized clients. Litigation is by nature a high‐stress occupation, demanding a high level of intellectual and emotional engagement from the contesting lawyers. Adding the burden of inherently distressing content to litigation can impair a lawyer's functioning. The effects are often referred to as “secondary trauma.” This Note proposes that state bar associations should take a more active role in providing mental health support to prevent burnout in family law attorneys by (1) offering voluntary classes to educate attorneys about the dangers of, and ways to cope with, the burnout that comes with working with traumatized clients in family law and (2) organizing support groups among local family law communities.

Key Points for the Family Court Community:
• Claims against family law practitioners account for the third highest percentage of all malpractice claims against lawyers.
• Burnout is a serious problem for family law attorneys.
• Programs sponsored by state bar associations are available and need to be expanded.
• The American Bar Association's Model Rules require that a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client.
• The unique nature of family law, centered on relationships and emotions, puts family law attorneys at a higher risk for experiencing the effects of secondary trauma than other areas of law.
• Lawyers at risk for secondary trauma can avoid its effects by educating themselves about such effects.

     

基于WEB技术的计算机应用考试系统

WEB技术改变了计算机应用系统的传统模式。在基于 WEB的计算机应用考试系统开发技术的基础上 ,结合广东省成人高校计算机应用无纸化考试系统的开发实践 ,提出了一个基于 WEB技术的计算机应用无纸化考试系统的设计方案     

They Persist: Parent and Youth Voice in the Age of Trump

In recent decades, parents and youth involved in the child welfare and foster care systems have created myriad ways to have their voices heard and their concerns appreciated, including through collective self‐advocacy efforts. New forms of individual and communal advocacy have emerged, including with supportive professionals, that acknowledge the centrality of parents and youth in every decision being made about their lives and about the systems that control their lives. Nevertheless, studies of youth and parent engagement identify the numerous individual and systemic barriers to meaningful participation and self‐advocacy efforts and the challenges to overcoming those barriers. This essay explores how empowered parents and youth can surmount those barriers with the assistance of their professional allies. Ultimately, this individual and communal engagement will strengthen a family‐oriented child welfare system and a more responsive government in these uncertain times.     

Assessing engagement skills in public child welfare using OSCE: a pilot study

A two-station (scenario) Objective Structured Clinical Examination (OSCE) was developed and tested for validity and reliability for assessing social work engagement skills in public child welfare. The simulated scenario was designed to allow for demonstration of skill with an involuntary adolescent and parent presenting as resistant. Independent raters assessed participants comprised of BSW students, MSW students, and experienced public child protection social workers (n = 17, station one, n = 16 station two). Scales demonstrated high internal consistency, inter-rater reliability, and initial discriminate groups validity. Findings suggest a promising approach for directly assessing social worker skill in engagement of clients. Implications for use of OSCE in child welfare are discussed.     

农村公安派出所推进社区警务工作的困惑与出路

随着第四次修宪的完成,国家根本大法确立了人权保障的理念。而作为人权重要组成部分的知情权也随之深入民心。作为公安机关,重提警务公开尤其重要。但目前的警务公开由于理论依据尚不成熟,导致实践中没有相关的制度或措施保证,出现了警务公开表面化的现象,成为警务公开活动的发展“瓶颈”。以经济学的相关理论为依据,提出警务公开行为不是公安机关的单方垄断,警察个体行为的代理失灵与公众监督的机会主义倾向的互动博弈才是警务公开困境存在的核心问题。因此,深化警务公开应加强信息透明和信息公开制度。