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.     

TRANSITION OR NOT?

The article focuses on a quantitative evaluation of Families In Transition (FIT), a court-mandated divorce education program. In this evaluation, the operationalization of the impact of FIT on its participants is guided by a social psychology theory. Findings indicate that parents view FIT as a valuable experience, and they gain in their attitude toward and likelihood to engage in child-centered divorce adjustment behaviors from pre- to post-FIT. Factors are highlighted, such as counseling and conflict status of the parents that affect the degree of influence of FIT. Implications for evaluations of these programs and for the structure of these programs are discussed.     

CHOOSE TO HUG,NOT HIT*

This article discusses reasonable chastisement of children as a defense by parents to assault charges. It suggests that its continued retention contravenes the rights of children and the United Nations Convention on the Rights of the Child. It compares developments in various countries, such as the Scandinavian countries and New Zealand, where the defense has been abolished, as compared with the United States, United Kingdom, Canada, and Australia, where it has been retained. It suggests that its continued retention encourages bullying and violence in schools and in later adult life.     

THE SYSTEM LISTENS BUT DOES NOT HEAR

Throughout the land there has been a growing dissatisfaction with the programs and treatment carried on within institutions, especially those dealing with juveniles. This article attempts to pinpoint some of the reasons why institutions are unable to meet the challenge of delinquency in our society. On the one hand, impediments are inherent to the institutional system; on the other, due to outside forces and factors. they are beyond the control of the institution. Patchwork attempts to shore up a sagging, outmoded system are futile. The facets that perpetuate the present system are identified. and some of the decisions required to build a new system of child care are noted.     

THEY'RE NOT ALL “MY FAIR LADY”

This article examines debates about public culture from the late 1980s to the present and identifies thirteen arguments that have been used to justify an investment in public culture: public interest, national security, merit, moral worth, the good life, economic development, politics, education, democracy, American identity, shared symbols, diversity, and innovation. The article then asserts four positions: (1) public culture and democracy are mutually constitutive, (2) elite culture can be detrimental to democracy, (3) the deliberate pursuit of diversity is a democratic endeavor, and (4) culture can bridge social differences. The article closes with a discussion about whether any form of public culture has yet been achieved in America, drawing on the work of Tyler Cowen and Bill Ivey.     

JUVENILE CRIME AND WHY WAIVER IS NOT THE ANSWER

Many states deal with the issue of juvenile crime by charging juveniles as adults. This is done by a method of waiver. Waiver allows adult criminal courts to have the power to exercise jurisdiction over juveniles.¹ In effect, a juvenile is tried and sentenced as an adult when his or her case is waived (removed) from the juvenile court to the adult court. Waiver in juvenile (youths seventeen and younger) cases should never be allowed because juvenile offenders are too immature and incompetent to appreciate the nature of their crimes and because the juvenile justice system is a more appropriate place to rehabilitate juvenile offenders.     

A NOT SO MODEST PROPOSAL TO HUMANIZE THE LEGAL PROFESSION

This article first appeared in the Los Angeles County Bar Association's Family Law Section quarterly , News and Review. In a very personal and insightful way, the author examines the change which women have brought to the practice of family law .     

REASONS FOR REPORTING AND NOT REPORTING DOMESTIC VIOLENCE TO THE POLICE*

The National Crime Victimization Survey is used to examine factors that encourage and inhibit victims of domestic violence from calling the police. Victims of domestic violence are less likely than victims of other types of violence to call the police because of their privacy concerns, their fear of reprisal, and their desire to protect offenders, but they are more likely to call for self‐protection and because they perceive domestic assaults as more serious. As a result of these and other offsetting factors, victims of domestic violence are just as likely as other victims of assault to call the police.