BEYOND POLITICS AND POSITIONS: A CALL FOR COLLABORATION BETWEEN FAMILY COURT AND DOMESTIC VIOLENCE PROFESSIONALS

The domestic violence advocacy and family court communities have each grown dramatically over the last three decades. Although these professional communities share many values in common, they often find themselves at odds with one another on a host of issues. This article examines the practical, political, definitional, and ideological differences between the two communities and calls for them to join forces and collaborate on behalf of children and families.     

PRIVATIZING PUNISHMENT: TESTING THEORIES OF PUBLIC SUPPORT FOR PRIVATE PRISON AND IMMIGRATION DETENTION FACILITIES

The transfer of authority over the supervision of inmate populations from state and federal governments to private corporations is one of the most significant contemporary developments in the criminal justice system. Yet, the controversy surrounding the private prison industry has occurred in U.S. criminal justice policy circles without any understanding of the public's preferences toward these institutions. In this article, we test several theories that potentially explain opinions toward privatizing carceral institutions: the racial animus, business is better, conflict of interest, and problem‐escalation models. These models are tested with original data from the 2014 Cooperative Congressional Election Survey. The data show that opinions toward the privatization of carceral institutions do not neatly fall along partisan or ideological divisions but are explained by beliefs about racial resentment, corporate ethics, and the potential ability of private companies to provide services cheaper than the public sphere. The results hold important implications for how we understand the future of private carceral institutions in the United States.     

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND THE NEED FOR ITS INCORPORATION INTO A BILL OF RIGHTS

In this article I discuss the failure of most democratic countries to accept or properly implement the UN Convention on the Rights of the Child, despite, except in the case of the United States, having ratified it. I consider the domestic implementation of treaties. I discuss, from an Australian perspective, that country's failure to enact a Bill of Rights and argue that children in Australia have suffered as a result. I also discuss judicial approaches to international law and compare the situation in countries such as the United States, the United Kingdom, Canada, and New Zealand and suggest that even in those countries that do have a Bill of Rights, it is not oriented toward children and therefore does not properly recognize their rights.     

A SECOND CALL FOR CLINICAL HUMILITY AND JUDICIAL VIGILANCE:

Offering commentary on "Empirical and Ethical Problems with Custody Recommendations: A Call for Clinical Humility and Judicial Vigilance," we express our agreement with Tippins and Wittmann. We opine that professional activity stimulates inquiry and it is through inquiry that our knowledge base will be expanded and our skills will be improved. In the interim, we should be mindful of our limitations, and actively articulate the ways in which the incompleteness of our knowledge base and the deficiencies of our assessment tools limit the confidence that can be placed in the recommendations that we offer.     

渐进式改革与私权的发展中国式道路的法律角度的考察

导言一般认为,中国政府是一个集权政府。这包括两层意思:第一,这意味着在政府系统里的任何一个层级内部不存在分权,即不存在横向的分权,法院和人大并不是独立于政府的机构,而是通过一定的制度整合进政府体系。第二,在中央和地方之间,上级政府和下级政府之间,不存在明确的制度化的分权,即不存在制度化的纵向的分权。相应地,在全国来看,权力系统就构成一个层级化的金字塔的形状。同样没有争议的是,这种集权的政府组织形式,与计划     

PHYSICAL EDUCATION: AMENDING THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT TO RESTRICT RESTRAINT AND SECLUSION IN PUBLIC AND PRIVATE SCHOOLS

There are no federal laws restricting the use of restraint or seclusion in public or private schools. Such laws exist at the state level, but the specifics vary from jurisdiction to jurisdiction. Federal legislation is necessary in order to ensure that students are not treated differently in each state based on legislative disparities between those states. The lack of a uniform standard for restraint and seclusion subjects students, a disproportionate number of whom have disabilities, to unreasonable physical control by other persons. These practices convey punishment, fear, abandonment, and provide little positive benefits. The amendment proposed in this Note will ensure that seclusion and restraint are only used when the student poses a direct threat to the health or safety of him or her self or others. Staff must be trained in the safe and proper use of these procedures so that they are performed in a reasonable manner, including utilization for a limited amount of time and the exhaustion of positive disciplinary alternatives prior to the utilization of these procedures. Furthermore, parental consent to the use of these procedures is imperative.