FITTING THE FORUM TO THE FAMILY FUSS

This article analyzes advantages and disadvantages of mediation, collaborative law, and cooperative law based on the parties' capabilities, attitudes about professional services, and assessments of and preferences about the risks of various procedures. Each of these procedures has virtues and there is great value in providing clients and practitioners with a choice of procedures. Under collaborative and cooperative law, lawyers and clients agree to focus exclusively on negotiation from the outset the case, typically using a problem-solving process. Collaborative law involves a written "disqualification agreement" between all the parties and their lawyers under which lawyers are disqualified from representing parties in litigation if either party chooses to litigate. Cooperative law is similar but does not use the disqualification agreement. Because most communities do not have lawyers offering cooperative law, collaborative law groups should encourage at least some of their members to offer clients the option of cooperative law.     

THE HUMAN RIGHT TO INFORMATION,THE ENVIRONMENT AND INFORMATION ABOUT THE ENVIRONMENT: FROM THE UNIVERSAL DECLARATION TO THE AARHUS CONVENTION

Citizen access to government-held information and the amelioration of environmental problems are considered statutory matters in the United States, but at the international level these are seen as fundamental human rights. In recent years two categories of human rights demanded by activists, the right to government information and the right to environmental protection, have converged into a new human right—the right to government information about the environment. The 1998 Aarhus Convention, binding in more than forty nations in Europe and Central Asia, is the first multilateral treaty to specifically denote a human right to government information about the environment. While the Aarhus Convention has some untested procedural difficulties and laborious bureaucratic requirements, the treaty can serve as a model for the world's nations at large, because citizen oversight of government actions toward the natural world is a powerful tool for those concerned about both the environment and government transparency.     

法治的两条道路

<正> 要做到十亿人口的国家人人注意遵守法律,依法办事,……根本的问题是……将法律交给广大人民掌握,使人民群众和干部知法、守法……我们最终说了算并不是因为我们一贯正确,而我们一贯正确仅仅是因为我们最终说了算。     

A CALL TO CONGRESS TO GIVE BACK THE FUTURE: END THE "WAR ON DRUGS" AND ENCOURAGE STATES TO RECONSTRUCT THE JUVENILE JUSTICE SYSTEM

While the "War on Drugs" has been criticized in many respects, there has been little attention given to the detrimental impact it has had on children. Fortunately, both state and federal governments are recognizing the problem and have begun taking steps to combat the negative effects the "War on Drugs" has had on children. More work however, still needs to be done. This Note advocates for Congress to amend the Juvenile Justice Delinquency and Prevention Act to induce states to offer rehabilitation to nonviolent youth drug offenders, rather than incarceration, which will reduce incarceration and its detrimental effect on children, promote public safety and save money. As a funding stipulation, the amendment will require states to develop and implement deinstitutionalization programs for nonviolent juvenile drug offenders.     

THE RIGHT TO MARRY AND THE SAN FRANCISCO EXPERIENCE

This article chronicles the issuance of marriage licenses to lesbian and gay couples in San Francisco in the winter of 2004. The article explores the political and legal landscape in the fight for the right to marry nationally and examines the current legal status of lesbian and gay couples in the country.     

ON RAZ AND THE OBLIGATION TO OBEY THE LAW

Law and Philosophy -     

BRINGING PEACE TO THE LATINO COMMUNITY

This study addresses the need for a parent education program for divorcing and separating parents in the Latino community. It is intended to identify special needs and issues that may affect the implementation of such a program and proposes a framework as to how such issues might be addressed and met. This study is based on the implementation of the PEACE (Parent Education and Custody Effectiveness) program, an existing parent education program in New York State. This study will explore how the program may need to be adapted or modified to serve adequately and effectively the Latino community.     

THE WORDS WE LOVE TO HATE

Law and Philosophy -