Chapter 3: Pleadings,Notice, Parties,and Appearances

This chapter focuses on UCCJA s? 9 pleading requirements. Judges need the information this section requires litigants to provide in order to determine jurisdiction. This chapter also covers who is entitled to notice and opportunity to be heard, how notice may be given, and what the court can do to facilitate appearances of out-of-state parties and children.     

Judicial Practical Reason: Judges in Morally Imperfect Legal Orders

I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. I offer an adjudicative theory in the realm of non-ideal theory: I adopt a view of law that has achieved consensus in legal philosophy, make some plausible assumptions about human politics, and then consider directly the question of how judges should reason. Ultimately, I argue that judges should be cognizant of the goods that are at stake on particular occasions of adjudication and that this requires treating legal requirements transparently, i.e., as sensitive to their moral justifications.     

A Practical Approach to Evaluating and Improving Juvenile Justice Programs

For more than a decade, the juvenile justice field in the United States has been dominated by the seventh “moral panic” over juvenile delinquency. This panic led to an overreaction to juvenile delinquency by legislators and juvenile justice officials. The main consequence is a “crisis of overload” in many state and local juvenile justice systems across the country. Tools are available to help juvenile courts effectively manage the overload of court clients. Most important, a new method has been developed for evaluating existing programs against research‐based standards that have been synthesized from juvenile justice program evaluations. This tool enables states and localities to take a practical approach to improving juvenile justice system programs.     

CASES: Special Advocates,Control Orders and the Right to a Fair Trial

In Secretary of State for the Home Department v AF (No 3), the House of Lords decided that Article 6 ECHR requires a ‘core irreducible minimum’ of procedural fairness such that ‘the controlled person must be given sufficient information about the allegations against him to give effective instructions to the Special Advocate’. This case‐note will discuss the challenges facing Special Advocates in control order proceedings and the impact AF may have on the measure of procedural fairness owed to individuals in closed proceedings. It will also address the judicial use of sections 2 and 3 of the Human Rights Act 1998 in arriving at the outcome in AF.     

Supervised, Supported and Indirect Contact Orders: Research Findings

Child contact with non-resident parents has become a key issuein family law and policy. Within the substantial and growingbody of research into how legal systems deal with child contactdisputes, there is little empirical data on the use courts makeof orders for supervised, supported or indirect contact. Thisarticle presents empirical research findings focusing on theuse of these sorts of contact orders in England and Wales. Theresearch involved an examination of 343 court records, 60 follow-upinterviews with parents and ten interviews with judges responsiblefor making the orders. Use of orders for supervised or supportedcontact was relatively common as a short-term measure, whileorders for indirect contact were made only as a matter of lastresort. On the basis of the post-court developments in contactwithin the families in the sample and the parents' largely negativeexperiences of the court system, we conclude that future policydevelopments ought to focus on finding alternatives to court,which would aim to provide assistance rather than adjudicationto the families in dispute.     

Privatisation and Pensions: Some Pitfalls for Women?

This article pursues two themes. The first describes EU pension provision and how this has changed since the early 1980s. The arguments and proposals for further reform by influential organisations such as the World Bank are then examined. In the light of this analysis, the paper argues that while EU pension reform to date has been concerned primarily with adjusting detailed rules, some proposals presently being canvassed point to more radical reform amounting to 'privatisation'. Privatisation is here taken to mean the end of state and employer financing of pension provision for individuals and the substitution of national and company schemes by individual pension and personal savings plans. The second theme of the article is an evaluation of the extent to which existing and possible future pension provision in the EU facilitates or hinders access by people (predominantly women) who are outside the labour market, who are engaged in certain forms of paid work and who are engaged in unpaid caring work. The paper reveals that while access to existing pension schemes is restricted in respect of the first two groups of people, compensatory rules serve to ensure the continued access of those engaged in unpaid caring work. Bringing together the two themes of women's access and pension reform, the paper concludes by arguing that women carers would be disadvantaged were privatisation of pensions in the EU to go ahead.     

Chapter 4: Interstate Judicial Communication,Cooperation, and Assistance

This chapter identifies when and how judges should communicate to resolve jurisdictional disputes in interstate child custody and visitation cases. It also discusses how judges can assist each other with interstate evidence gathering.     

Chapter 11: Awarding Attorney Fees,Costs, and Expenses

Courts can send a strong message condemning forum shopping and parental kidnapping by awarding attorneys' fees, court costs, and travel and other expenses, to prevailing parties in interstate custody, visitation, and enforcement cases. This chapter outlines the statutory authority in the UCCJA and PKPA for making such awards. Analogous provisions are contained in the Hague Convention and ICARA. These are discussed in Chapter 10.     

Pensions, Politics, and Judicial Tenure: An Empirical Study of Federal Judges, 1869-2002

When Article III judges conclude active service, they effectivelyabdicate their seat and enable the president and Senate to selecta successor. Some judicial scholars have concluded that politicalfactors—both within and across institutions—largelyinfluence this decision. Analyzing judicial turnover, year byyear, this article finds that judges have increasingly synchronizedtheir departure from active service with qualifying for theirjudicial pension. By comparison, political and institutionalfactors appear to have little influence on turnover rates. Thesefindings contradict much of the existing scholarship on judicialturnover and also offer more viable alternatives for judicialreform.     

Governance through Publicity: Anti-social Behaviour Orders, Young People, and the Problematization of the Right to Anonymity

Since the early twentieth century, young people under eighteen involved in legal proceedings have been granted a degree of protection from the glare of media publicity. One controversial consequence of recent reforms of the anti-social behaviour order (ASBO), however, is the incremental reduction in the anonymity rights available to those subject to the mechanism, together with calls by the Home Office for details of such individuals to be publicized as a matter of course. Numerous commentators have criticized the government accordingly for reinstating the draconian practice of 'naming and shaming'. This paper contends that these developments can be usefully analysed through the lens of Foucault's work on state governance. It explores, in particular, how challenges to the right reflect both the fall of anonymity and the rise of publicity in the governance of what I term 'ASBO subjects', together with the communities in which they live, under 'advanced liberal' rule.     

共享发展新坐标:时代价值、阻滞因素及实践进路

党的十九届五中全会提出2035年"全体人民共同富裕取得更为明显的实质性进展"的目标,成为我国进入新发展阶段后党制定的关于共享发展的新坐标,这是以人民为中心发展思想的生动体现,也是实现全体人民共同富裕和人的自由全面发展的必由之路.但实现这样的目标还面临着思想观念、现实生产力、体制机制等主客观阻滞因素,为此本文提出从高质量...