Child Welfare Workers and Michigan's Family Court Legislation: The Relationship Between Policy and Practice

Michigan created a family court in 1998, combining in a single court jurisdiction over most family law cases. This study examines the child welfare workers' role in creating the family court, the family court's impact on child welfare workers' practice, and child welfare workers' efforts to educate other professionals on the potential benefits of the family court system. This study found that child welfare workers were not actively involved in the creation of the family court and have not aggressively sought to educate other professionals regarding the family court's potential. Further, though child welfare workers' reception of the family court has largely been positive (or at least neutral), child welfare workers must take greater advantage of the family court system to improve the effectiveness of their practice.     

Effect of family rupture and recomposition on the children of New France

Using the biographies of nearly 10,000 children born in New France during the seventeenth century, this study looks at the phenomenon of single parenthood from the children's point of view. Since separation and divorce were uncommon during this period, marital disruptions only occurred through the death of one of the partners. In New France, half of all children witnessed the disruption of their parents' marriage before having reached emancipation. The article examines the impact on family characteristics (family size and number of emancipated children), as well as the contribution of age-ranking within the family to the likelihood that the children would live in a reconstituted family.     

Effect of family rupture and recomposition on the children of New France

Using the biographies of nearly 10,000 children born in New France during the seventeenth century, this study looks at the phenomenon of single parenthood from the children's point of view. Since separation and divorce were uncommon during this period, marital disruptions only occurred through the death of one of the partners. In New France, half of all children witnessed the disruption of their parents' marriage before having reached emancipation. The article examines the impact on family characteristics (family size and number of emancipated children), as well as the contribution of age-ranking within the family to the likelihood that the children would live in a reconstituted family.     

“We are family”: Gender,microenterprise, family work,and well-being in Ecuador and the Dominican Republic — with comparative data from Guatemala,Swaziland, and Guinea-Bissau

The article analyzes the realm of family business to see what a difference the gender of the owner makes. Through the lens of the author's rapid appraisal and/or survey data from field studies in Ecuador, the Dominican Republic, Guatemala, Swaziland, and Guinea-Bissau, three main issues are examined: (1) the use of family in the family business by women and men microentrepreneurs (MEs) — i.e., differential involvement of family members in different work patterns and differential reliance on home-based businesses; (2) similarities and differences in men's vs. women's ventures (type of economic activities, gender composition of employees, loan repayment, reinvestment of profits, etc.); and (3) the impact of the business' income on the ME and his/her family well-being (using hypotheses from my general theory of gender stratification). Finally, implications are extracted concerning the consequences of women's economic empowerment, as well as for Third World microenterprise credit and savings programs.     

“We are family”: Gender,microenterprise, family work,and well-being in Ecuador and the Dominican Republic — with comparative data from Guatemala,Swaziland, and Guinea-Bissau

The article analyzes the realm of family business to see what a difference the gender of the owner makes. Through the lens of the author's rapid appraisal and/or survey data from field studies in Ecuador, the Dominican Republic, Guatemala, Swaziland, and Guinea-Bissau, three main issues are examined: (1) the use of family in the family business by women and men microentrepreneurs (MEs) — i.e., differential involvement of family members in different work patterns and differential reliance on home-based businesses; (2) similarities and differences in men's vs. women's ventures (type of economic activities, gender composition of employees, loan repayment, reinvestment of profits, etc.); and (3) the impact of the business' income on the ME and his/her family well-being (using hypotheses from my general theory of gender stratification). Finally, implications are extracted concerning the consequences of women's economic empowerment, as well as for Third World microenterprise credit and savings programs.     

Comparative Family Law and the Political Process: Regulation of Sexual Morality in Finland

This article demonstrates a basis for comparative analysis of family laws. It illustrates the extent to which political constraints influence the development of legal policy and reception of foreign models. The article takes the form of a case study and examines Finnish law relating to unmarried parenthood, informal cohabitation, and same-sex partnerships. Comparisons are drawn with Swedish law. Finland and Sweden have maintained a remarkably close association. Similarities and points of departure in the reform process and detail of legislation in these two jurisdictions point up the institutional dimensions of family law.     

The effect of social status on women's age at first childbirth in the late seventeenth- to early eighteenth-century Korea

While records on historical population are available and do exist, the fact that they are so limited in nature is a critical problem. We applied the method of family reconstitution to a Korean household register to deal with these limitations. Based on family reconstitution from five successive registers, we calculated women's age at first childbirth for each social status in two ways: “observed woman's age” at first childbirth = woman's current age–age of her first child, and “estimated woman's age” at first childbirth, which uses linear regression analysis on the basis of positive association between women's age and the age of their firstborn. Our results shed light on the effects of social status and cultural factors on the age at which women in pre-industrial Korea bore their first child.     

MARRIAGE,IN‐LAWS,AND CRIME: THE CASE OF DELINQUENT BROTHERS‐IN‐LAW*

With marriage comes in‐laws, and if the in‐laws include delinquent males, their delinquency could affect the prosocial effects of the given marriage. In this article, I focus on the effect of having a convicted brother‐in‐law as a general indicator of this broader phenomenon of family‐formation processes impairing the positive impact of marriage on crime desistance. I use registry data on all men from birth cohorts 1965–1975 in Denmark (N = 69,066) to show that when a man marries, his new family ties to delinquent brother(s)‐in‐law do indeed hinder his criminal desistance. The results that take into account the characteristics of husbands, wives, their shared family‐formation process, and the criminality of male family members suggest that 1) family dynamics tend to keep criminality within family networks and 2) influences from one's broader social network through marriage are important for the protective effects of marriage. Analyses of previous conviction, co‐offending between a man and his brother‐in‐law, as well as analyses of in‐laws who reside in close proximity confirm the two mentioned main findings. In all, the findings reported in this article add to our understanding of the processes by which families are tied, and how these family‐formation processes influence men's behavior.     

The effect of social status on women's age at first childbirth in the late seventeenth- to early eighteenth-century Korea

While records on historical population are available and do exist, the fact that they are so limited in nature is a critical problem. We applied the method of family reconstitution to a Korean household register to deal with these limitations. Based on family reconstitution from five successive registers, we calculated women's age at first childbirth for each social status in two ways: “observed woman's age” at first childbirth = woman's current age–age of her first child, and “estimated woman's age” at first childbirth, which uses linear regression analysis on the basis of positive association between women's age and the age of their firstborn. Our results shed light on the effects of social status and cultural factors on the age at which women in pre-industrial Korea bore their first child.     

Do Rich and Poor Behave Similarly in Seeking Legal Advice? Lessons from Taiwan in Comparative Perspective

A central concern of access‐to‐justice studies is whether the socioeconomically disadvantaged individuals can obtain effective assistance in dealing with their legal problems. Using the newly collected data from the 2011 Taiwan Survey, this article examines Taiwanese people's advice‐seeking behavior in general and explores the effect of income in particular. This article finds that income had a significantly positive correlation with the likelihood of obtaining legal advice, but it has no impact on obtaining nonlegal advice. By contrast, education had little bearing on the decision to obtain legal advice, but it had a positive influence on seeking nonlegal advice. This article argues that although the gravity of problem was more influential than income on obtaining legal advice, the effect of income should not be easily dismissed. Moreover, the contrasting effect of education on obtaining nonlegal advice strongly suggests that its use was determined by people's knowledge of its existence and capability of accessing such service. To improve the disadvantaged's access to justice, care should be taken not only to increase publicly funded legal advice services but also to enhance the public's awareness of their availability.     

Youth crime and family disruption in Canadian municipalities: An adaptation of Shaw and McKay’s social disorganization theory

Using an adaptation of Shaw and McKay’s (1942) theory, the present study examined the effects of social disorganization and family disruption on youth crime. Based on data from 483 Canadian municipalities, the results revealed that low income, mobility and ethnic heterogeneity had the expected positive effects on youth crime, particularly in municipalities with smaller population and lower prevalence of low income. The effect of single parenthood was positive as expected whereas that of divorce was unexpectedly negative. The findings suggest the importance to specify the conditions for the effect of social disorganization and differentiate the effects of divorce and single parenthood. The unexpected negative effect also raises the possibility of divorce as law mobilization, thus underscoring the roles of planning and legal intervention in social disorganization. In terms of policies, the findings suggest early intervention for social disorganization, support for single-parent families, and the incorporation of divorcees in productive activities.     

Child Protection Law as an Independent Variable

Child protection professionals work in a multidisciplinary system in which the law and the family court play central roles and which collects an increasing amount of data. Yet we know little about what impact the law has on whether a child is removed by child protective services, is deemed neglected by a family court, or reunifies with a parent. Do state‐to‐state variations in child protection laws, or changes by individual states to their laws, lead to different outcomes for children and families? The dramatic variations in child welfare practice from one state to another suggest that legal variations do matter. Yet empirical research on these questions is scarce both because we collect too little data to measure all such issues, and, because we have failed to study the data we do have. This article is a plea for researchers to rectify that problem and for policymakers to improve data collection. Doing so would facilitate a more clear understanding of the law's effect on child protection outcomes and aid policymakers and advocates in identifying both promising and problematic practices and legal reforms.     

Child protection as surveillance of African American families

The over-representation of black children in US out of home care results from racial bias in placement decisions and a political choice to address startling rates of child poverty by investigating parents instead of tackling poverty's societal roots. The impact of state disruption and supervision of African American families is intensified when it is concentrated in inner-city neighbourhoods – the system's ‘racial geography.’ A small case study of a black neighbourhood in Chicago with high rates of out of home placement found profound effects on both family and community social relationships, as well as reliance on child protective services for financial assistance, linking surveillance of black families to the neoliberal shrinking of public programmes. The surveillance of African American women by the child welfare system is also intensified by these women's disproportionate involvement in the prison system. Acknowledging racial bias in child welfare reveals the need to radically transform the system from one that relies too much on punitive disruption of families to one that generously supports them.     

Voices heard and unheard – A Scandinavian perspective

Children's rights to participate in legal processes concerning them have been a key policy issue for the Scandinavian legislators during recent decades. From the 1980s, there have been frequent amendments to the law to secure the position of the child. Despite numerous provisions stating the right of the child to express his or her views and for these to be considered before decisions are taken, there are continuing obstacles to full recognition of children as legal subjects. Too often children's voices are not heard or not heeded. This article explores the reasons for this and argues that the ambition to promote equal parenthood is one reason for the failure to give the child's views real impact on decision-making in matters concerning children.     

EVIDENCE OF A DIFFERENT NATURE: THE CHILD‐ RESPONSIVE AND LESS ADVERSARIAL INITIATIVES OF THE FAMILY COURT OF AUSTRALIA

This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia, focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce the centrality of children's rights and needs in family court proceedings. The Less Adversarial Trial and its front‐end Child Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of a litigation process by application of a more intensive case management model adopted with the intention of altering the parents’ experience of the journey. Key features of this approach include the adoption of inquisitorial techniques, which include direct consultation with children through the CRP, modified application of the rules of evidence, and strong judicial management rather than being party driven. Findings from two studies into the pilot Children's Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidence is outlined around the capacity of the new processes to impact on both the co‐parenting and parent–child relationships and to influence short‐term adjustment of complex families in high‐conflict dispute. In encouraging a more active focus on children's needs and views and by facilitating a stronger voice for children in proceedings that affect them, both initiatives advance Australia's commitments under the United Nations Convention on the Rights of the Child.     

Socio‐legal Studies in Aotearoa/New Zealand

This article reviews the development and impact of the socio‐legal field in New Zealand. It begins by assessing the socio‐legal presence within teaching and research conducted across New Zealand's law faculties before analysing factors likely to inhibit future growth of the sub‐discipline in this remote jurisdiction. Having examined how New Zealand's legal scholars map and influence national legal behaviour, without always recognizing contradictions between these objectives or categorizing their research as ‘socio‐legal’, the article goes on to examine how the next generation of socio‐legal researchers might exert stronger influence over the law curriculum and new areas of legal policy. In conclusion, it argues for a distinctive New Zealand approach toward socio‐legal studies and notes that future prospects appear encouraging, and in certain respects more promising than those in the United Kingdom, particularly when considering research impact.