Babies Can't Wait: A Judicial Response

During my career as a Family Court Judge over the past 12 years, I was faced daily with the difficult task of deciding whether or not to remove a newborn infant from the care of her mother and place the child in foster care upon discharge from the hospital. In the huge majority of cases, removal was ordered based upon the mother's history of substance abuse and the subsequent positive toxicology of the infant at birth. I could not risk the health and safety of this often premature and vulnerable infant to a mother with such an addiction to drugs that she would expose her child in utero to these toxic substances. Such a mother was incapable of caring for the basic needs of this vulnerable infant, and therefore removal was ordered. This decision saddened me because, as a mother myself, I knew of the critical bond existing between infant and mother during those critical first days and weeks of a child's life. That bond must be nurtured and strengthened and is crucial to a child's development.     

Children don't always tell the truth

Although children are being more frequently called as witnesses in court proceedings, they often do not tell the truth. If lying is defined as giving a false statement for personal gain, then lying is only one of several causes for children not giving an accurate account of events. Other reasons include an immature brain, a congenitally acquired defect in the central nervous system, or the presence of an emotional disturbance such as psychosis or hysteria. The desire of a child to please others--that is, parents, therapists, or lawyers--may also result in an invalid statement. These factors and motivations should be considered in trying to interpret a youngster's statement.     

山西煤业整合不能逾越法律底线

合法的煤企整合，应当是打破所有制、地域和行业保护的桎梏，实行市场化的煤炭资源整合     

Building Bridges for Babies in Foster Care: The Babies Can't Wait Initiative

In 2001, the New York State Permanent Judicial Commission on Justice for Children, chaired by New York State's Chief Judge Judith Kaye, developed the Babies Can't Wait Initiative to maximize the well‐being and permanency prospects of infants in foster care. This court‐based innovation became a path to healthy development for babies in foster care, a bridge to unprecedented collaboration among the New York City Family Court, child welfare system, and service providers and merged knowledge about child development with court and child welfare practice. This article tells the story of the Babies Can't Wait Initiative—its creation, implementation, successes, and lessons.     

To tell what we know or wait for Godot?

The evidence that death-qualified jurors are more likely than excluded jurors to convict is consistent, robust, and directly relevant to the issues of representativeness and conviction proneness that were before the Supreme Court inLockhart v. McCree. There are exactly the circumstances in which anamicus brief from the APA is most appropriate. In science the search for knowledge is never complete; to keep silent until our understanding is perfect is to keep silent forever.     

'And You Can't Find Me Nowhere': Relocating Identity and Structure within Equality Jurisprudence

This paper explores key tensions in conceptualizing equality. It begins by arguing for the equality of lives lived and then goes on to link this to equality based on power. Yet, although equality of power seems to offer a more radical model than approaches to equality based on resources, satisfaction, and recognition, it nevertheless is not entirely suitable, since it too centres equality's subject. After addressing some of the analytical problems a subject-centred framework raises, including how to deal with reactionary identities and practices, the paper considers instead a structural approach to equality. This focuses on targeting social organizing principles, while recognizing the complex relationship between inequalities of gender, race, sexuality, and class and inequalities associated with unpopular viewpoints or beliefs. Finally, using lesbian and gay sexuality as an example, the paper considers the ways in which normative-epistemological organizing principles — proper place and the public/private — naturalize, legitimize but also hold the possibility of undercutting asymmetries of power.     

Justice of Conjugal Divisions of Labor—You Can't Always Get What You Want

The new intramarital distributions of 190 young parents in their third month of first parenthood were studied in a multifaceted distributive and procedural justice framework. For a large majority, justice was an important dimension in their intramarital distributions of household labor, child care, leisure time, breadwinning. Justice ratings of various principles in general were more liberal than the reported practice, in women even more than in men. The practice reported was mainly traditional, with a gender-segregated distribution of labor. A pattern of marked consistencies and inconsistencies between the principles rated as just and factual practice emerged. Inconsistencies occurred more often in women than in men.     

Does Dumcree ’96 tell us anything about the RUC?

Violence, disorder, and social schism are well-known features of contemporary Northern Ireland resulting in the high profile of the province’s police, the Royal Ulster Constabulary (RUC). Since 1968, in particular, the policing of some major events has resulted in the RUC being viewed variously as saint and sinner by different sections of society. The most recent cause for acceptance, or condemnation, of police performance was the 1996 ‘marching season’. In particular, withdrawal of the police from the scene of the Drumcree stand-off, once it became evident that the many members of the Orange Order gathered there intended to march down the predominantly Garvaghy Road with or without the approval of the Chief Constable, and the province-wide acts of solidarity related to that event, by other members of the order, led to much controversy. First, this essay identifies some of the potential consequences of policing Drumcree for the RUC public image. Second, it compares these potential perceptions of police performance with some published views of their response to the Ulster Workers’ Council strike in 1974 and during the negotiations leading up to, and in the aftermath of, the Anglo-Irish Agreement of 1985. Finally, it considers if there is anything new that can be learned about the RUC from its handling of the Drumcree crisis.     

Is it a fair deal to tell tales on the tabloids?

Legal context. A recent High Court judgment, Fraser-WoodwardLimited v BBC and Brighter Pictures Limited, is of key interestto those that use or advise upon the use of copyright materialfor the purposes of criticism or review. Key points. This case involved the use of newspaper photographsof David and Victoria Beckham in a television documentary aboutthe relationship between celebrities and the press. The programmeillustrated its theme using screenshots of tabloid newspaperpages, which inevitably included a number of photographs. Theclaimant was the copyright holder in respect of a number ofthe photographs, and alleged that their reproduction in theTV programme was an infringement of copyright. The defendantssuccessfully relied upon the fair dealing and incidental inclusiondefences to copyright infringement. Practical significance. Although each fair dealing case willultimately turn on its own facts, Mann J gave a very usefulreview of the state of copyright law in this difficult area.     

Regulation of donor conception and the "time to tell" campaign

The first jurisdictions in the world to introduce legislation regulating donor conception were Victoria (Australia) and Sweden in the 1980s. Under the Infertility (Medical Procedures) Act 1984 (Vic), donor-conceived people (aged 18 years and over), their parents (if children were under 18 years) and donors gained the right to apply for identifying information about each other. Information can only be given with the consent of each party. To date, over 3,500 donor-conceived children have been born in Victoria since the 1984 Victorian legislation was introduced (and enacted in 1988). The first 106 donor-conceived children under this legislation turned 18 in 2006 and many of them may not know that they are donor-conceived. The Infertility Treatment Authority, Victoria, conducted a public education campaign to provide information and support to people affected by the legislation. The campaign and services associated with donor registers have had a significant initial impact.     

How you can tell if the simulations in computational criminology are any good

Computational criminology applies computer simulations to study topics of interest for criminologists. Just as for all computer modelling in science, the validity of the simulations ultimately depends on whether they are able to reproduce empirical phenomena with sufficient accuracy. The only way in which this can be determined is by comparing model output to real observations. This paper provides an overview of how such model evaluations can be undertaken.