REPRESENTATION DISPARITIES AND IMPARTIALITY: AN EMPIRICAL ANALYSIS OF PARTY PERCEPTION OF FEAR,PREPARATION, AND SATISFACTION IN DIVORCE MEDIATION WHEN ONLY ONE PARTY HAS COUNSEL

While other authors have regarded both the presence and the absence of attorneys in family law mediation as cause for concern, little attention has been given to the questions raised when one party is represented and the other is pro se. This article presents data on mediating parties' premediation concerns, fears, and feelings of preparedness, as well as their postmediation satisfaction with the mediation process. The mediating parties are grouped based on each couple's representation status, for example, both represented by attorneys, both pro se, or one attorney‐represented party and one pro se party (mixed representation cases). The data show that mixed representation cases are the most likely to report concern, fear, and unpreparedness. Mixed‐representation cases also reported the lowest levels of satisfaction after the mediation. Some implications for mediation practice are discussed, as are suggestions for future research.     

Trace DNA Sampling Success from Evidence Items Commonly Encountered in Forensic Casework

Trace DNA analysis is a significant part of a forensic laboratory's workload. Knowing optimal sampling strategies and item success rates for particular item types can assist in evidence selection and examination processes and shorten turnaround times. In this study, forensic short tandem repeat (STR) casework results were reviewed to determine how often STR profiles suitable for comparison were obtained from “handler” and “wearer” areas of 764 items commonly submitted for examination. One hundred and fifty‐five (155) items obtained from volunteers were also sampled. Items were analyzed for best sampling location and strategy. For casework items, headwear and gloves provided the highest success rates. Experimentally, eyeglasses and earphones, T‐shirts, fabric gloves and watches provided the highest success rates. Eyeglasses and latex gloves provided optimal results if the entire surfaces were swabbed. In general, at least 10%, and up to 88% of all trace DNA analyses resulted in suitable STR profiles for comparison.     

“I was prepared for the worst I guess”: stayers’ and leavers’ perceptions of their Title IV-E education

ABSTRACT

Child welfare workforces across the nation are experiencing high turnover and have for decades. The chronic cost of turnover makes efforts to increase retention crucial. The Title IV-E education stipend program is one way that many states employ to improve their child welfare worker tenure. Through qualitative interviews, this study examines Title IV-E graduates’ experiences and perceptions of preparedness for working in child welfare agencies. Examining how the responses of stayers and leavers differ and assessing similarities collectively can inform educational and agency enhancements to improve services, as well as worker competence and retention.     

Book Review: How Mediation Works: Theory,Research, and Practice by Stephen B. Goldberg,Jeanne M. Brett,Beatrice Blohorn‐Brenneur,With Nancy H. Rogers

This is a book review of How Mediation Works: Theory, Research, and Practice by Stephen B. Goldberg, Jeanne M. Brett, Beatrice Blohorn‐Brenneur, with Nancy H. Rogers. How Mediation Works is intended for a wide range of audiences: practicing mediators; aspiring mediators; those who may refer cases to mediation; participants in mediation, including parties and attorneys; managers who facilitate disputes; and those interested in mediation without a specific plan to engage in the practice (who the authors call “mediation learners”). The book is a well‐written, thoughtful, easy‐to‐read, organized, and concise overview of mediation practice. The book is divided into six chapters: (1) conflicts, disputes, and their resolution; (2) dispute resolution processes; (3) the roles of the mediator and the disputing parties at each step of the mediation process; (4) dealing with difficulties; (5) mediation and the law; and (6) suggestions for aspiring mediators. Though not an authority for family law mediation, the book provides many insightful observations and suggestions that would be instructive and helpful to any mediator or individual with an interest in mediation.     

Re-Defining Defamation: Psychological Sense of Community in the Age of the Internet

In the era of traditional media, courts typically relied upon geographic constraints, including where a plaintiff lived or worked, to determine the appropriate community in defamation cases. The rise of the Internet has dramatically changed society – easily and immediately linking users across geography while allowing the rapid spread of information through a variety of channels that pose a challenge to the traditional media model centered around editorial judgment and professional ethics. Thanks in part to its global reach, the Internet has allowed users to engage in both business and social relationships around the world. Because of this, a person's need for a good reputation can no longer be confined solely to location. As a result, this article argues that courts must begin to evaluate other factors when determining relevant community in online defamation cases, positing that courts should utilize factors associated with psychological sense of community theory.     

Defining A Product Market for Spanish-Language Broadcast Media: Lessons from United States v. Univision Communications,Inc. and Hispanic Broadcasting

In 2003, a media merger with dramatic content and policy implications went largely unnoticed. Little attention was paid to the transaction because it did not affect the majority; it affected the largest minority population in the United States: Hispanics. Although up to 65% of Hispanics prefer Spanish-language media, most broadcast media now come from one corporation, Univision. In approving the consolidation of Univision and Hispanic Broadcasting, the FCC ignored product market findings by the Department of Justice as well as its own policy precedent, which includes numerous exceptions for Spanish programming to promote content and ownership diversity. Consistent with the FCC's mandate to protect the public interest, a demand-side analysis is undertaken, positioning the audience as consumer. Industry evidence, product market thresholds, and ownership rules are applied to United States v. Univision, Inc. and Hispanic Broadcasting, with the conclusion that a separate product market must exist for Spanish language broadcast media.     

Revitalizing inner‐city neighborhoods: New York city's Ten‐Year Plan

Abstract

This article examines the impact of New York City's Ten‐Year Plan on the sale prices of homes in surrounding neighborhoods. Beginning in the mid‐1980s, New York City invested $5.1 billion in constructing or rehabilitating over 180,000 units of housing in many of the city's most distressed neighborhoods. One of the main purposes was to spur neighborhood revitalization.

In this article, we describe the origins of the Ten‐Year Plan, as well as the various programs the city used to implement it, and estimate whether housing built or rehabilitated under the Ten‐Year Plan affected the prices of nearby homes. The prices of homes within 500 feet of Ten‐Year Plan units rose relative to those located beyond 500 feet, but still within the same census tract. These findings are consistent with the proposition that well‐planned project‐based housing programs can generate positive spillover effects and contribute to efforts to revitalize inner‐city neighborhoods.     

Race and residential accessibility to shopping and services

Abstract

Predominantly black, upper‐income census tracts in the 10‐county Atlanta region have lower accessibility to certain personal consumption opportunities than comparable white tracts do; black residents are more likely to have to leave their neighborhoods to eat out (other than at fast food restaurants), grocery shop, or see movies. Accessibility is calculated as a function of travel time to providers of local goods and services. Such accessibility is a desirable attribute and contributes to neighborhood quality and housing value.

We find that differences in residential accessibility to shopping and services by race are not explained by income differences, but could result from real differences in consumption patterns, though these are more likely due to demographic differences between black and white populations of comparable incomes; inaccurate information on neighborhood attributes and personal consumption preferences; or racially biased business decisions. We conclude by summarizing the policy implications of our findings.