ASSOCIATION OF FAMILY AND CONCILIATION COURTS WHITE PAPER GUIDELINES FOR COURT‐INVOLVED THERAPY: A BEST PRACTICE APPROACH FOR MENTAL HEALTH PROFESSIONALS

This article was written by the Honorable Linda S. Fidnick and Kelly. A. Koch, Esq. Judge Fidnick is an Associate Justice with the Hampshire Probate and Family Court. Prior to her appointment to the bench in 2008, Judge Fidnick was a partner in the Amherst law firm of Burres, Fidnick & Booth LLP, where she concentrated her practice in all areas of family law. Judge Fidnick is a graduate of Smith College and the University of Connecticut Law School, and she has been a member of the Massachusetts Bar for over thirty years. Judge Fidnick is past president of the Massachusetts chapter of the Association of Family and Conciliation Courts (AFCC) and currently serves on the national board of directors of AFCC. Judge Fidnick and Matthew Sullivan, Ph.D. are the co‐chairs of the AFCC Task Force on Court‐Involved Therapists. Attorney Koch is a graduate of Brandeis University and WesternNew England College School of Law. She served as a law clerk to the Justices of the Massachusetts Probate and Family Court and is presently an associate attorney with the Springfield, Massachusetts firm of Bulkley, Richardson and Gelinas. Matthew J. Sullivan, Ph.D. is a psychologist in private practice in California who has written articles, presented and done trainings at numerous national and international venues on interventions in high conflict divorce, Parenting Coordination and child alienation in family law cases. He currently serves on the Board of Directors at AFCC. Lyn R. Greenberg, Ph.D. is a family forensic psychologist practicing in Los Angeles, California. She serves as the reporter for the AFCC Court‐Involved Therapist Task Force and Co‐Chairs the Family Forensic Special Interest Group of Div. 43. She Co‐Chaired the APA‐ABA Working Group on Representation and Advocacy for Children. The AFCC Task Force on Court‐Involved Therapists was given the charge of defining guidelines for the professional practice of therapists working with court‐involved families. A draft of the Guidelines was presented for Comments in March 2010 and all comments were submitted to the Task Force Reporter, Lyn R. Greenberg, Ph.D. on May 1, 2010.     

Biopolitics and Movement: A History of Travellers and the Law

This article will briefly trace the travellers’ legal position in Britain from their sixteenth century emergence as a tangible (although imprecise) identity until now. It will be argued that although the position of the law has changed considerably in its waning severity, travellers’ legal status continues to be conditioned by enduring and shifting concerns around norms of labour and residence. Moreover, it is overly-simplistic to interpret their changing predicament as simply a more humane and multicultural relaxation of previously Draconian measures. Using Michel Foucault’s writings on discipline and ‘biopolitics’, it will be proposed that those extreme legal sanctions—which during certain periods included the death penalty—have been replaced by a much more nuanced matrix of regulation and control that seeks to assimilate traveller lifestyles into a mainstream understanding of human life and society.     

Infant death due to air embolism from peripheral venous infusion

An otherwise healthy male infant was brought to the hospital because the mother suspected superficial infection at the operative site 5 days after an inguinal hernia repair. He was admitted to the pediatric unit overnight to be evaluated by his surgeon the next morning. When a venous infusion of maintenance fluids was started, the patient immediately went into cardio-respiratory arrest and was pronounced dead after resuscitation efforts failed. Subsequently, air collections were found in both venous and arterial circulations, including the splenoportal system. Detailed review of the clinical presentation and course, laboratory results, radiological, and pathological findings, along with a review of pertinent literature provides an explanation for the death by air embolism. Apparent inconsistent findings both radiographically and at autopsy are resolved. The mechanism of distribution of air to both systemic and splenoportal circulation is discussed. We believe this to be only the eighth case reported in English-language literature of infantile death from peripheral venous infusion. In all age groups, we find only six other cases in the English-language literature of gas found concomitantly in both the systemic and portal venous systems.     

Fatalities associated with fentanyl and co-administered cocaine or opiates

Fatalities associated with fentanyl hydrochloride are increasingly seen in Massachusetts. Between September 2005 and November 2006, 5009 medicolegal investigations associated 107 deaths with licit or illicit fentanyl use, along with a co-detection of an opiate/opioid or cocaine/benzoylecognine, or both. Deaths associated with illicit fentanyl use occur in younger people (39.4 vs. 61.5 years) with higher fentanyl (17.1 ng/mL vs. 4.4 ng/mL) and lower morphine (76.9 ng/mL vs. 284.2 ng/mL) postmortem blood concentrations, and more frequent cocaine co-intoxication (65% vs. 3%), than deaths associated with illicit fentanyl use. A wide range of postmortem blood concentrations of fentanyl was detected (trace-280 ng/mL), with a minimum concentration of 7 ng/mL of fentanyl strongly associated with illicit use of fentanyl in poly-drug cases. The most commonly detected opiates/opioids in illicit fentanyl users were: morphine (29%), oxycodone (14.5%), and methadone (14.5%). Ethanol, cannabinoids, diazepam, citalopram, and diphenhydramine were each detected in greater than 10% of the licit fentanyl cases. Most fentanyl abusers died at their own home and their deaths were most often classified as accidental. Mapping of primary residences of decedents revealed conspicuous clustering of the illicit fentanyl use cases, as opposed to the random pattern in licit use cases. Fentanyl misuse is a public health problem in Massachusetts.     

Why The Axioms and Theorems of Arithmetic are not Legal Norms

Ronald Dworkin has long criticized legal positivists for theirefforts to distinguish between legal and non-legal standardsof conduct that are incumbent on people. Recently, Dworkin hasbroached this criticism in his hostile account of the debatesbetween Incorporationist Legal Positivists and Exclusive LegalPositivists. Specifically, he has maintained that Incorporationistscannot avoid the unpalatable conclusion that the axioms andtheorems of arithmetic are legal norms. This article shows whysuch a conclusion is indeed avoidable and why Dworkin's criticismis therefore wide of the mark.     

Appointee Confirmation and Tenure: The Succession of U.S. Federal Agency Appointees, 1989–2009

This article analyzes the confirmation and tenure of 2,300 Senate‐confirmed, presidential appointees to U.S. government agencies between 1989 and 2009, linking patterns of appointee confirmation and tenure to institutional politics, appointee independence, and agency context. Consistent with prior research, the authors find that nominees of new, powerful, and popular presidents enjoy expedited Senate confirmation. Contentious congressional committee oversight, by contrast, tends to delay confirmation and reduce tenure. Agency heads and positions insulated from removal, such as for fixed‐term positions and inspectors general, increase tenure. Extending empirical research, the analysis highlights program‐ and agency‐level variations that speak to the many contingencies shaping appointee politics. Appointee positions associated with national security and broad statutory discretion receive expedited confirmation. Agencies with more professionals are associated with increased tenure, whereas agencies with more appointees among managers see shorter tenures. The results speak to scholarship on appointee politics and to public knowledge about the role of appointments in American government.     

Last-period problems in legislatures

Last-period problems seemingly arise in legislatures when members decide to retire from office; they then can indulge themselves without fear of electoral reprisal. In contrast, we argue that last-period indolence is rarely a problem in legislatures: retiring politicians embrace legislative responsibilities since this is their last opportunity to consume these prerogatives; and the actions of legislators seeking post-elective employment are policed by the stream of future earnings they jeopardize if their actions exhibit indications of looming principal-agent problems. Using a unique data set profiling the post-elective careers of ex-legislators, we find no evidence of last-period laxity in roll-call attendance.