PARENTING COORDINATION (PC) PRACTICE: A SURVEY OF EXPERIENCED PROFESSIONALS

This study summarizes a survey of experienced North American parenting coordinators (PCs). The survey was modeled after a similar seminal study of child custody evaluators ( Keilen & Bloom, 1986 ) and seeks to establish a similar baseline standard in alternative dispute resolution (ADR) court‐sanctioned PC practices. Results reveal that PC is being practiced across North America by highly experienced practitioners that are multidisciplinary across legal and mental health professions who work by court order. These PCs work with a specific written PC agreement that specifies basis of authority, scope of authority, terms of service, retainer/fees, and grievance procedures. Results characterize PC as an increasingly established hybrid ADR court‐sanctioned role that is effective precisely because of accessibility to families, the unique knowledge base of the family law professional concerning the dynamics of divorcing families, and the court‐granted authority to help families resolve disputes that are generally more familial and psychological than legal in nature.     

THE (DE)CONSTRUCTION OF CONFLICT IN DIVORCE LITIGATION: A DISCURSIVE CRITIQUE OF “PARENTAL ALIENATION SYNDROME” AND “THE ALIENATED CHILD”

In high‐conflict divorce litigation involving custody and access, mental‐health professionals are often used to assess the case and make recommendations. Using Foucauldian theories of discourse, this article suggests that these assessments, which are intended to resolve the conflict or offer profitable information, often participate in the conflict by constructing assessments and diagnoses that fit with legal discourse, and thus with the outcomes of adversarial‐styled rulings and ideologically driven interests. This article suggests that so long as such professionals are driven by the privileged discourse of law and psychology/psychiatry, the best interests of those at the center of the conflict can have their experience co‐opted by the iatrogenic features of these discourses.     

TRAINING,SKILLS, AND PRACTICES OF PARENTING COORDINATORS: FLORIDA STATEWIDE STUDY

This report details findings from the nation's first statewide study on parenting coordination. A survey was presented to all known practicing parenting coordinators (PCs) in Florida (N = 207), with 67 (32%) responding. Data concerning PC demographics, how PCs do their work, and how they perceive their clients at different stages of the parenting coordination process suggest substantial similarity between mental health and family law professionals in almost every realm of questioning. Study limitations, implications for further research, and practice considerations are discussed.     

EFFECTS OF FATHER AND MOTHER PARENTING ON CHILDREN'S MENTAL HEALTH IN HIGH‐ AND LOW‐CONFLICT DIVORCES

This article studied the relations of children's mental health problems to the warmth of their relationship with their noncustodial father and custodial mother and the level of conflict between the parents. Using a sample of 182 divorcing families, multiple regression was used to test the independent effect of father warmth, mother warmth, and interparental conflict. Results indicated that father warmth and mother warmth were both independently related to lower child‐externalizing problems. However, the relations between mother and child warmth and child‐internalizing problems were different as a function of interparental conflict and level of warmth with the other parent. Implications for court practices and policies are discussed.     

THE DEVELOPMENT OF SELF‐CONTROL: EXAMINING SELF‐CONTROL THEORY'S STABILITY THESIS*

Research on self‐control theory consistently supports its central prediction that low self‐control significantly affects crime. The theory includes other predictions, however, that have received far less scrutiny. Among these is the argument that self‐control is developed early in childhood and that individual differences emerging then persist over time. The purpose of this study is to provide a rigorous test of the stability thesis. First, we examine the extent of stability and change in self‐control for a national sample of U.S. children age 7 to age 15. Second, we consider whether parenting continues to affect self‐control during adolescence—a period after the point at which self‐control differences should be fixed. The analysis revealed strong absolute and relative stability of self‐control for more than 80 percent of the sample, and this stability emerged in large part as early as age 7. Contradicting the theory was a smaller portion of respondents (roughly 16 percent) who experienced substantial absolute and relative changes in self‐control even after the age of 10. Moreover, parental socialization continued to affect self‐control during adolescence, even after accounting for both prior self‐control and exposure to parental socialization.     

EMPIRICAL ANALYSIS OF REFERRAL ISSUES AND “ULTIMATE ISSUE” RECOMMENDATIONS FOR PARENTS IN CHILD PROTECTION CASES*

Mental health professionals frequently respond to requests for clinical information on parents in child protection cases; however, little data exist on the issues precipitating requests or on the controversial practice of offering “ultimate issue” recommendations in forensic clinical reports. We investigated 243 requests for clinical information on parents and 204 clinician reports submitted for use in child abuse and neglect proceedings in a large, urban juvenile court system. We coded 56 objective and qualitative characteristics regarding referral questions, pending legal issues, and four levels of recommendations. We found that the most common referral questions related to service planning, parenting ability, and/or parents' mental health functioning, and the most common pending legal issues were selection or change of a permanency goal and visitation arrangements. Levels of recommendations varied with type of legal decision, in that clinicians always offered direct recommendations for narrow, statute‐based issues (e.g., termination of rights, adoption) and less so for other issues. Community‐based evaluators were more likely to offer direct recommendations than court‐based clinicians. Based on the findings, we offer practice recommendations and directions for further research in forensic parenting assessment.     

CHILD‐FOCUSED AND CHILD‐INCLUSIVE DIVORCE MEDIATION: COMPARATIVE OUTCOMES FROM A PROSPECTIVE STUDY OF POSTSEPARATION ADJUSTMENT

This study compared outcomes over 1 year for two groups of separated parents, who attended two different forms of brief therapeutic mediation for entrenched parenting disputes. The two interventions each targeted psychological resolution of parental conflict, enhanced parental reflective function, and associated reduction of distress for their children. The child‐focused (CF) intervention actively supported parents to consider the needs of their children, but without any direct involvement of the children, while the child‐inclusive (CI) intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Repeated measures at baseline, 3 months, and 1 year postintervention explored changes over time and across treatments in conflict management, subjective distress, and relationship quality for all family members. Enduring reduction in levels of conflict and improved management of disputes, as reported by parents and children, occurred for both treatment groups in the year after mediation. The CI intervention had several impacts not evident in the other treatment group, related to relationship improvements and psychological well‐being. These effects were strongest for fathers and children. Agreements reached by the CI group were significantly more durable, and the parents in this group were half as likely to instigate new litigation over parenting matters in the year after mediation as were the CF parents. The article explores the potential of CI divorce mediation to not only safely include many children in family law matters related to them, but also to promote their developmental recovery from high‐conflict separation, through enhanced emotional availability of their parents.     

EXAMINING THE “CRIMINAL CAREERS” OF PROSTITUTES WITHIN THE NEXUS OF DRUG USE,DRUG SELLING,AND OTHER ILLICIT ACTIVITIES*

This paper examines the co‐occurrence of prostitution, drug use, drug selling, and involvement in non‐drug crimes among women who have used serious drugs (e.g., crack, heroin). Existing perspectives on the drug use‐prostitution nexus are re‐examined using three dimensions of the criminal career paradigm: prevalence, lambda, and age of onset. Results show that approximately one‐half of the women who reported regular drug use never prostituted, and that, except for use of crack cocaine, use of other drugs was unrelated to the prevalence, frequency, or age of onset into prostitution. The results also show that committing property crime was associated with an increased prevalence and early onset into prostitution, while selling drugs coincided with a decreased prevalence and delayed onset into prostitution.     

“Critical Legal Histories Revisited”: A Response

The author responds to comments reappraising “Critical Legal Histories” (CLH) (1984). CLH critiqued “evolutionary functionalism,” the idea that law is a functional response to a typical modernizing process. CLH argued that “society” was partly constituted of legal elements and that law was too indeterminate to have reliably regular functional effects. CLH has been misinterpreted as calling for a return to internal histories of “mandarin” doctrine: all it said was that some doctrinal histories were valuable, without privileging them. This response clarifies that the relations of law to society and social change, and of high‐level official law to everyday local law are distinct issues. CLH is mostly moot today, since social‐legal historians have incorporated its insight that legal concepts are embedded in everyday social practice. But other fields have revived deterministic Whiggish accounts of progressive development and of law functional to it—to which CLH's critique still seems relevant.     

Optical Characterization of Some Modern “Eco‐Friendly” Fibers*

Abstract: Fibers that are termed “eco‐friendly” or “biodegradable” by manufacturers are increasingly being used in textile products such as apparel and carpeting to appeal to the ever more environmentally aware public. As such, these modern fibers are expected to begin showing up more often in forensic casework, and it is important that the forensic examiner recognize them. This study employed polarized light microscopy (PLM) and Fourier transform infrared (FTIR) microspectroscopy to characterize selected fibers of azlon, polylactic acid (PLA), cellulose composites of alginate or chitin, and bamboo (viscose rayon). Fiber cross‐sections, refractive indices, melting points, solubilities, and FTIR measurements were conducted. Results indicate that the azlons and PLA fibers are easily distinguishable from other textile fibers by their optical and chemical properties. The cellulose composites show only small differences in comparison with other cellulose‐based fibers, while bamboo viscose rayon is indistinguishable from normal viscose rayon.     

A LONGITUDINAL TEST OF THE EFFECTS OF PARENTING AND THE STABILITY OF SELF‐CONTROL: NEGATIVE EVIDENCE FOR THE GENERAL THEORY OF CRIME*

This study investigates two core propositions of Gottfredson and Hirschi's (1990) general theory of crime. Using longitudinal data collected on approximately 750 African American children and their primary caregivers, we first examine whether self‐control fully mediates the effect of parenting on delinquency. Consistent with the general theory, we find that low self‐control is positively associated with involvement in delinquency. Counter to Gottfredson and Hirschi's proposition, we find that self‐control only partially attenuates the negative effect of parental efficacy on delinquency. Next, we assess the theory's hypothesis that between‐individual levels of self‐control are stable. Finding substantial instability in self‐control across the two waves, we explore whether social factors can explicate these changes in self‐control. The four social relationships we incorporate (improvements in parenting, attachment to teachers, association with pro‐social peers, and association with deviant peers) explain a substantial portion of the changes in self‐control. We then discuss the implications of these findings for the general theory of crime.     

“AGING OUT: DON'T MISS OUT”—A MODEL OF COMMUNITY LEGAL EDUCATION

Typically, community legal education projects are ad hoc efforts where attorneys, law students, paralegals, or community organizers present how‐to workshops, develop manuals, or lead informational or training sessions for other attorneys, advocates, or members of the community. However, community education efforts can also promote and encourage public awareness, community engagement, and advocacy. This essay explores why community legal education efforts are needed and particularly well suited for youth transitioning out of foster care, and examines a specific community legal education effort that is being implemented with and on behalf of foster youth transitioning out of New Jersey's foster care system. The hope is that by studying this example, others may learn from it and be inspired to replicate it, as part of a state's or a community's overall effort to aid, empower, and engage foster youth.     

The Biggest “Have” of Them All: Wal‐Mart and Its Litigation Outcomes in Slip‐and‐Fall Cases

Scholars have theorized that resource‐rich litigants known as the “haves” tend to succeed disproportionately in litigation when the adverse party is a “have‐not.” The traditional theory suggests that haves are able to use their wealth to secure better attorney representation and can use their frequent experience in litigation to tip the scales of justice in their favor, particularly when faced with “one‐shotters” whose involvement in litigation is infrequent. A remaining question, however, is whether some haves fare better than other similarly situated haves. Specifically, this article posits that the litigation strategy used by the defendant may also play a role in litigation outcomes. Companies that tenaciously fight claims that, in the short term, would be cheaper to settle might discourage otherwise valid claims in the future from being filed out of fear that the litigation will be a protracted battle. This article examines Wal‐Mart Stores, Inc. (Wal‐Mart)—the largest revenue‐generating company in the United States—to explore whether it fares better than other resource‐rich defendants. Wal‐Mart in particular has a reputation against settling cases and thus is an excellent vehicle to investigate this hypothesis. Appellate cases in an eleven‐year period involving slip‐and‐fall litigation were compiled, and the results show that Wal‐Mart did win at a higher rate than other defendants. Although more research is needed to explore fully the effect of litigation strategy on win–loss rates, this sample of cases demonstrates that Wal‐Mart is a more effective and victorious litigant.     

CHILD CUSTODY EVALUATION PRACTICES: A 20‐YEAR FOLLOW‐UP

This study surveyed 213 experienced child custody evaluators utilizing the same questionnaire in the Ackerman & Ackerman 1997 and Keilin & Bloom 1986 studies. Demographic information, evaluation practices, custody decision‐making, and recommendations were surveyed. Comparisons were made across all three studies to identify the similarities and differences in child custody evaluation practices over the past 20 years. This study added questions about risk management and ethical issues, and current practices in placement/access schedules. The reader is advised that not engaging in the practices performed by a majority of psychologists could result in a difficult testimony experience.     

THE “END” OF MARRIAGE*

This article addresses four different meanings of the “end” of marriage. It rejects the broad interpretive assertion that Lawrence v. Texas and Goodridge v. Department of Public Health signal the destruction of the institution of marriage, though both are criticized for politicization and feeble legal analysis. Those decisions have provoked a backlash that may contribute to a rediscovery of and re‐valuation of the importance of the institution of (conjugal) marriage, as passage of state marriage amendments suggests. If Goodridge and Lawrence show that genderless unions are the ultimate form of marriage, they would lead to the end of democratic society as well as of the institution of marriage. The fragmentation of marriage by reduction to functional relationships is myopic. While current developments may make it harder for the institution of marriage to thrive, the institution of marriage is “here to stay.”     

Forensic Paleontology: A Tool for “Intelligence” and Investigation

Paleontology and facies analysis proved to be useful tools in activities of intelligence and investigation on some criminal cases, as well as in in‐court activities, thus defining the “forensic paleontology” area of study. The definition was given by analyzing its possible specific applications and excluding some marginal activities. The reliability of forensic paleontology was then assessed in light of the results achieved in some actual cases and in an ad hoc simulation. The investigated cases concerned intelligence and ordinary law enforcement activities. Special attention was paid to crimes against the cultural heritage. Ex post re‐examination of the cases substantiated the value of this scientific branch in investigations, while stressing the possible difficulties in explaining its results to lay persons. Therefore, careful preparation of technical and linguistic preliminary notes for judges, prosecutors, and lawyers as well as a special training for consultants are recommended before presenting results as exhibits in in‐court cross‐examinations.     

AN EXPLICIT TEST OF PLEA BARGAINING IN THE “SHADOW OF THE TRIAL”

Bargaining in the “shadow of the trial,” which hinges on the expectations of trial outcomes, is the primary theory used by noncriminologists to explain variation in the plea discount given to defendants who plead guilty. This study develops a formal mathematical representation of the theory and then presents an empirical test of the theory using an innovative online survey with responses to a hypothetical case from 1,585 prosecutors, defense attorneys, and judges. The key outcomes are the probability that the defendant will be convicted at trial, the sentence for the defendant if convicted, and the best plea that the respondent would accept or offer. Variation in the outcomes is created through experimental variation in the information presented to the respondents. Structural regression models are estimated to fit the formal theoretical models, and the instrumental variables method is used to correct for measurement error in the estimate for probability of conviction. The data support the basic shadow model, with minor modifications, for only prosecutors and defense attorneys. Controlling for the characteristics of the individual actors and their jurisdictions adds explanatory value to the model, although these control variables did not affect the key coefficients from the shadow model.     

ENGLISH COURTS' TREATMENT OF THE CHILDREN OF SAME‐SEX COUPLES

This article reviews the historical approach of the English Courts to the children who are raised in same‐sex households; it discusses the very recent reformation of attitude of the courts, and of the legislators, to such family arrangements, and it examines the current attitude of the English Courts. The article considers how the courts have struggled historically to apply ordinary welfare principles in the different context of homosexual parenting, and discusses the complex inter‐play of family relationships when children are born into same‐sex families through donor insemination. The article discusses the ongoing challenges for the courts in dealing with cases of this kind.     

“Legality with a Vengeance”: Reclaiming Distribution for Sociolegal Studies

The law and society community has argued for decades for an expansive understanding of what counts as “law.” But a content analysis of articles published in the Law & Society Review from its 1966 founding to the present finds that since the 1970s, the law and society community has focused its attention on laws in which the state regulates behavior, and largely ignored laws in which the state distributes resources, goods, and services. Why did socio‐legal scholars avoid studying how laws determine access to such things as health, wealth, housing, education, and food? We find that socio‐legal scholarship has always used “law on the books” as a starting point for analyses (often to identify departures in “law in action”) without ever offering a programmatic vision for how law might ameliorate economic inequality. As a result, when social welfare laws on the books began disappearing, socio‐legal scholarship drifted away from studying law's role in creating, sustaining, and reinforcing economic inequality. We argue that socio‐legal scholarship offers a wide range of analytical tools that could make important contributions to our understanding of social welfare provision.     

WHEN PARENTS CAN CHOOSE TO HAVE THE “PERFECT” CHILD: WHY FERTILITY CLINICS SHOULD BE REQUIRED TO REPORT PREIMPLANTATION GENETIC DIAGNOSIS DATA

Preimplantation Genetic Diagnosis (PGD) is a procedure used to screen embryos for certain genetic conditions before implantation via in vitro fertilization (IVF) so the desired embryos can be chosen for implantation. The procedure was originally used to prevent the birth of children with deadly genetic disorders, but it is now used for more controversial reasons, such as to select for sex. Limited information is available regarding how PGD is used in the United States and there are many ethical concerns surrounding the practice of PGD, most notably that it could lead to the creation of designer babies and eugenic practices. This Note proposes amending a federal act to require fertility clinics to report PGD data through an existing web‐based system. This data can then be used by policymakers to federally regulate PGD practices.