Seeing Jurisdiction: Some Jurisprudential Issues Arising from Law Being ". . . All Over"

This article asks, “If law is all over, why don't we see it?” It takes seriously the fact that we see law in lawyers and buildings and police, but that there is more law out there. In this sense law is like religion, politics, and economics. It is an activity where various senses come into play. With law, we can learn to see more than we do. Jurisdiction is one of the easier areas of law to see. The article develops some of the distinctive ways we see jurisdiction and some of the ways seeing jurisdiction allows for more widespread participation in lawmaking. The article argues against our tendency to trivialize the law that we see.     

'We want you! But . . .' Recruiting Migrants and Encouraging Transnational Migration Through Progressive Inclusion

The article submits a proposal for outlining the present body of legal norms in the field of European migration and immigration law. To this end, it suggests understanding European migration and integration law as shaped by two principles: the principle of congruence between a state's territory, authority and citizenry and the principle of progressive inclusion. According to the established principle of congruence, the granting of rights to third‐country nationals (TCNs) is always geared to the ideal image that the persons permanently living on a territory are—in reality—part of the citizenry of that state and subject to the state's authority. According to the more recent principle of progressive inclusion, TCNs are to be gradually included into the host country's society by approximating their rights progressively to the rights of citizens. There are potential tensions between the two principles, which can be explained by the diverging philosophical and political concerns that they follow and the conceptions of migration that each uses. The article then goes on to explore the influence of both principles in current European migration and integration law. It brings forward the argument that current European migration and integration law is structured as much by the ‘older’ principle of congruence as by the principle of progressive inclusion. This assumption will be illustrated by the examples of the Long‐term Residents Directive (LTR Directive). Important provisions of the proposal for a framework directive intended to guarantee TCNs' equal treatment with EU citizens in social matters (Draft Framework Directive) and the directive on the highly skilled migrant workers (Blue Card Directive) will also be taken into account. Against the background of the highly contested legal field of migration and integration law, using the language of principles provides a useful tool not only for better grasping the current shape of this legal field, but even more for the legal discourse on the future development of European migration and integration law.     

HOW COURTS HELP YOU HELP YOURSELF

This note is the result of an in-depth analysis of existing state judiciary websites and how they have and will continue to affect self-represented divorce litigants in the United States. It surveys all existing state court websites and examines what resources they provide to pro se litigantsd. It also touches on private divorce-related websites and offers some comments about their utility to pro se litigants as an alternative and a supplement to court-based websites. This note calls for courts to adopt programs and policies that facilitate the process of getting a divorce for those who choose to represent themselves, and make those programs and policies available to the pro se litigant via the Internet.     

‘We,the European People . . .’—Relâche?

Abstract:  The failure of the European constitutional treaty has not been taken seriously by the European constitutionalists. It is regarded as a kind of accident which will be repaired in due course. The article is a plea for a reopening of the debate on Europeanness. Europe cannot and should not be a 'superstate'; nor can it be a kind of revival of the European nation state which is threatened by globalisation. Even less can it be a community of post-national deliberators as Jürgen Habermas would have it. Europe should be constructed as an entity of its own which responds to the heterarchical relational logic of fragmentation which characterises post-modernity and globalisation of which it is a part. It cannot be its counterpart. Europe does not need a 'constitution', and it does not need a 'people' either.     

REALITY IS. . . . A RESPONSE TO MARTINDALE,TIPPINS, BEN‐PORATH,AUSTIN, AND WITTMANN

This article is written as a response to the Martindale et al. critique of the Ackerman and Pritzl (2011) child custody evaluation practices article. The Martindale et al. critique focuses on a small portion of the overall results regarding test usage and suggests that the entire article is “flawed and deficient.” However, their critique engages in confirmatory bias and exaggerated statements and ignores the overall value of the article in general. A more broad‐based explanation of the results is provided herein.     

YOU HAZE, I SUE: A FRATERNITY STEW

A male student who was bound with duct tape and barricaded in a room was rescued from a fire early Saturday morning at the Sigma Nu fraternity house at Washington State University. No one was injured in the fire, which left the residence uninhabitable…. The student was found by firefighters who were checking that everyone had left the building, and was not in a wing of the house where the blaze began. [A university spokesperson]… said that hazing was 'strictly against the rules' and that the student appeared to be the victim of 'someone playing a prank.'     

IT'S 10 p.m., DO YOU KNOW WHERE YOUR CHILDREN ARE?

Over the past several decades, parent-child abduction has turned from a national into an international problem. To try and minimize this problem, The Hague Convention on the Civil Aspects of International Child Abduction was adopted on October 1980. The goal of the Convention is to ensure that abducted children are promptly returned to their homes. While the goal has been met, the overwhelming use of the Convention's exceptions must be limited so that the purpose of the Convention is not damaged.     

“IF I COULD TELL THE JUDGE SOMETHING ABOUT ATTACHMENT. . . .” PERSPECTIVES ON ATTACHMENT THEORY IN THE FAMILY LAW COURTROOM

This article gathers diverse attachment specialists in a far reaching conversation about the utility of attachment assessment and theory for complex family law decision making, and reflections on the thorny question, “If I were the judge . . .?” Inge Bretherton, Professor Emerita, Developmental Psychology at Wisconsin University, is one of a few attachment researchers in the Bowlby/Ainsworth tradition to have completed studies in the divorce field. Seligman, a psychoanalyst and clinical psychologist, Solomon, a clinical psychologist and researcher, and Crowell, professor of psychiatry and psychology, take on some large controversies, and offer well over 100 years combined experience of applying attachment knowledge in complex family matters.