MARRIAGE IN CANADA—EVOLUTION OR REVOLUTION?*

On July 20, 2005, the Canadian Civil Marriage Act became law, extending equal access to civil marriage to same‐sex couples while respecting religious freedom. This article briefly traces the distinctive juridical factors that have contributed to the legislation: the constitutional comity or dialogue among Parliament, the courts and the people resulting from the constitutional entrenchment of a Charter of rights and freedoms; the growth of the substantive concept of equality in Canadian law; and the impact of the constitutional division of powers and the nature of Canadian federalism. Together, these factors contributed to a constructive debate centered on respect for diversity.     

Genes and Antisocial Behavior: Perceived versus Real Threats to Jurisprudence

Separating wheat from chaff in regard to the hyperbole surrounding media coverage about genes for violence, born killers, et cetera provides a launch pad for two experienced behavioral geneticists who have conducted research on aggression and crime with twins, families, and adoptees to provide an essay on the facts and limitations of current knowledge; they conclude that any current threats to jurisprudence lie in perception rather than in empirical facts.     

PROTECTING YOUTH PLACED IN UNLICENSED,UNREGULATED RESIDENTIAL “TREATMENT” FACILITIES

Throughout the country, there is considerable inconsistency in how states regulate residential treatment programs for youth. In states with little oversight, the health and safety of youth are unprotected and they may be subject to substandard treatment, rights violations, and/or abuse. Three initiatives to address this issue are reported: (1) an Internet survey of youth who are former residents, (2) a four‐state pilot study of how states regulate and monitor residential programs, and (3) a bridge‐building conference between residential treatment providers and mental health leaders. Recommendations address the next steps for lawmakers, lawyers, judges, mental health and education professionals, and parents.     

BUILDING A MULTIDISCIPLINARY, COLLABORATIVE CHILD PROTECTION SYSTEM

The process of preparing lawyers and other professionals to work for the benefit of troubled children requires an understanding of concepts that extend far beyond the traditional course structure currently employed in American law schools. It is clear that mental health problems of children and families, compounded by substance abuse, influence behavior, resulting in children entering family and juvenile courts as victims of abuse or neglect and committing criminal acts. It is incumbent on law schools to incorporate training in fields far different from the traditional didactic experience in legal curricula if they are to address the current needs of children and familes who are ensnared in the nation's juvenile justice system. The beginning point of this process is within the legal training apparatus of America. Law schools must expand their curriculum to incorporate other disciplines to produce an advocate capable of serving the interest of children and society.