REVIEWS: IS THE REFORM OF LEGAL EDUCATION HOPELESS? OR,SEEING THE HOLE INSTEAD OF THE DOUGHNUT

Book reviewed in this article: Law School : Legal Education in America from the 1850s to the 1980s. By R. Stevens Law and Modern Society . By P. S. Atiyah Current Legal Theory . International Journal for Documentation on Legal Theory Political Trials in Britain . By Peter Hain     

TO BUNDLE OR UNBUNDLE? THAT IS THE QUESTION

A substantial number of parties either represent themselves or are partially represented in family law matters because they are unable to afford traditional full service representation. As this number continues to climb courts are taking a proactive approach in servicing self-represented litigants through self help centers. The following is a judge's perspective on how unbundled legal services assist the self represented and the courts as well as answers to ethical concerns should they arise.     

TO RECOMMEND OR NOT TO RECOMMEND: THAT IS NOT THE QUESTION

Tippins and Wittmann provide a cogent argument for custody evaluators not to make recommendations to the court. From their forensic and scientific perspectives, they have identified some important issues, which will certainly stimulate interesting discussion among custody evaluators. In response to their article, it is my view that public sector custody evaluations offer a philosophical and procedural alternative to forensic evaluations. This article proposes that recommendations should be viewed as part of the process of evaluations rather than the outcome. Based on a qualitative and interpretive model, recommendations are judged based on their applicability, transferability, and transparency. Recommendations viewed in qualitative terms provide parents with opportunities to step out of litigation and provide guidance for parents' ongoing roles postseparation.     

IS THE ASSOCIATION BETWEEN ALCOHOL USE AND DELINQUENCY CAUSAL OR SPURIOUS?*

We attempt to isolate the effects of alcohol on different types of delinquent behavior by identifying the spurious portion of the relationship. Using data on adolescents from Finland, we compare the relationship between drinking and delinquent behavior while sober to the total relationship between drinking and delinquent behavior (sober or not). For each type of offense, we find a substantial relationship between drinking and sober delinquency, which suggests a good deal of spuriousness. For crimes of petty theft (shoplifting and stealing from home), the relationship between drinking and sober delinquency is just as strong as the total relationship, which suggests the relationship is almost completely spurious. For violence, vandalism, car theft, and graffiti writing, the alcohol‐sober delinquency relationship is weaker, which suggests that alcohol has a causal effect on these offenses.     

DIRECTION OR CONCILIATION

The divorce custody reform and alternative dispute resolution movements have gained popularity with, and become intertwined by, legislators and adjudicators on both sides of the Atlantic Ocean. In this article, the theoretical strands of comparative divorce reform law and the Children Act 1989 are disentangled, and the threads of different factual situations—developed during 27 Preliminary Directions Hearings conducted in Englanďs Croydon County Court—are woven in. Hearings were initially meant simply to determine whether residence and access petitions could be resolved informally, without judicial intervention. The study, conducted shortly after the effective date of the legislation (October 14, 1991) quickly revealed distinct patterns in the proceedings. Faulty administration by the court resulted in chaos, undermining the efficacy of the program. Gender issues and power imbalances were often unintentionally amplified, rather than mitigated. Finally, the proceedings changed substantially during the 12-week period of study, resembling Hearing Directed Conciliation by the end.     

FAMILY COURTS-20 YEARS AFTER REFORM

The Rt. Hon. Dame Elias discusses the changes the people of Australia and New Zealand have seen and can expect from their respective family courts. She goes on to say that if judges of the family court are to play a more positive role in society, they need to stay abreast of what is happening with current legal trends as they relate to the "best interest of the child" standard, equal rights (especially between genders), and changing international trends in family law. The Chief Justice also addresses problems concerning lack of legal aid funding and an increase in unrepresented litigants. The Chief Justice explains that these issues and problems can best be dealt with through legislative reform as well as family court reform. Where there is an influx of additional resources better preparing judges to deal specifically with those seeking justice in the family court, these additional resources should also lead to a greater general understanding of current trends in the community. Chief Justice Elias asserts that without community support, these issues cannot be resolved.