IF A THREAT OF VIOLENCE IS PRESENTED,WHEN DOES THE LAW REQUIRE FAMILY MEDIATORS TO BREACH CONFIDENTIALITY?

For a family mediator to protect his client, a third party, and/or himself from unlawfully disclosing a client's admission, the family mediator should use the principles set forth in Tarasoff v. Regents of the University of California when a threat of violence is presented by one of his clients, since many states have adopted these principles through case law and statute to protect third parties from acts of violence. The two most significant factors in determining whether to breach confidentiality are the identifiability of the victim and the likelihood of the potential physical harm. If a jurisdiction has not explicitly done so via statute, the family mediator should nonetheless follow these principles since they are likely to be adopted by that jurisdiction through case law, because the probability of a court's finding a special relationship between a family mediator and a client is relatively high.     

SAME SEX,DIFFERENT RIGHTS: AMENDING U.S. IMMIGRATION LAW TO RECOGNIZE SAME‐SEX PARTNERS OF REFUGEES AND ASYLEES

Overcoming a long history of anti‐gay sentiment preserved in federal immigration law, the United States has made admirable advances during the past two decades in the protection it affords gay immigrants. Despite this promising progress, and in contrast to the practices of all other industrialized democracies, the United States remains firm in its refusal to federally recognize any form of same‐sex partnership, a decision which bears directly on those relationships considered valid for immigration purposes. The Uniting American Families Act (UAFA) represents the closest any proposed legislation has come to successfully granting immigration rights to gay immigrants. However, through its restrictive provisions, the UAFA fails to fully account for the needs of refugees, asylees, and their same‐sex partners. This Note argues that, while the UAFA is a step in the right direction, it does not go far enough to protect gay refugees and asylees. It further proposes that legislation be enacted which provides this unique segment of the immigrant population the opportunity to share their lives together, free from fear of persecution. It advocates for the use of the conjugal partner provision set out in Canada's Immigration and Refugee Protection Act as a template for changes to U.S. immigration law, thereby expanding the category of relationships viewed as valid for the purpose of immigration.     

BARS,BLOCKS, AND CRIMES REVISITED: LINKING THE THEORY OF ROUTINE ACTIVITIES TO THE EMPIRICISM OF “HOT SPOTS”*

Anticipating recent developments in routine activities theory, Roncek and Bell (1981) found that bars and taverns had detrimental effects on crime on residential city blocks in Cleveland for 1970. We replicate and extend their work by examining the effects of recreational liquor establishments (i.e., taverns and cocktail lounges) on crime from 1979 to 1981 on Cleveland's residential city blocks. The number of such businesses on residential city blocks has positive and statistically significant effects on the amount of crime. The effects on crime are compounded when the businesses are located in areas with physical characteristics that are associated with more anonymity and lower guardianship. Our results reaffirm the value of new developments in routine activities theory that now stress the importance of facilities. They also extend recent work attempting to identify and analyze “hot spots” of crime.