The Resource Center for Separating and Divorcing Families: Interdisciplinary Perspectives on A Collaborative and Child‐Focused Approach to Alternative Dispute Resolution

The Resource Center for Separating and Divorcing Families (RCSDF) is a teaching model for providing interdisciplinary services to separating and divorcing families. The model was developed by the Honoring Families Initiative at the Institute for the Advancement of the American Legal System at the University of Denver. Services are provided by graduate and law students at the University of Denver, working side‐by‐side with a supervising licensed attorney, psychologist, and social worker. The experiential and interdisciplinary model of teaching and providing direct client services is the first of its kind in the United States. RCSDF students and staff seek to empower parents to make positive decisions about their family's future in a supportive and educational environment.

Key Points for the Family Court Community
• The current system of preparing graduate and law students for careers in family law is in need of improvement. This article provides information for educators and the family law community about the impact of interdisciplinary and experiential learning for students.
• Parents going through the transition of separation or divorce experience psychological and financial stressors that can create serious behavioral and adjustment issues for their children. The RCSDF works in a holistic manner with parents and children to minimize the levels of stress and anxiety during the transition.

     

The European Commission's Own ‘Preliminary Reference Procedure’ in Competition Cases?

This article considers the implications of the European Commission, as primary administrative enforcer of competition law in the Union, using its own ‘preliminary reference procedure’, through observations in national court proceedings under Council Regulation 1/2003, to minimise the risks of divergent application of EU anti‐trust rules under the decentralised system of enforcement ushered in by that Regulation. It sets the scene with the relationship between the European Commission and national courts in competition law, before describing the relevant provisions of the Regulation and its accompanying Courts Notice. It then discusses the legal nature of the Commission opinion as a Union instrument. Identifying cases where the Commission has offered observations, it assesses the implications of administrative intervention in judicial decision making. It finds that greater transparency is crucial for legitimacy, legal certainty and maximum impact on consistent application.     

Validation of Tool Mark Comparisons Obtained Using a Quantitative,Comparative, Statistical Algorithm

Abstract: A statistical analysis and computational algorithm for comparing pairs of tool marks via profilometry data is described. Empirical validation of the method is established through experiments based on tool marks made at selected fixed angles from 50 sequentially manufactured screwdriver tips. Results obtained from three different comparison scenarios are presented and are in agreement with experiential knowledge possessed by practicing examiners. Further comparisons between scores produced by the algorithm and visual assessments of the same tool mark pairs by professional tool mark examiners in a blind study in general show good agreement between the algorithm and human experts. In specific instances where the algorithm had difficulty in assessing a particular comparison pair, results obtained during the collaborative study with professional examiners suggest ways in which algorithm performance may be improved. It is concluded that the addition of contextual information when inputting data into the algorithm should result in better performance.     

The Human Fertilisation and Embryology Act (2008) and the Tenacity of the Sexual Family Form1

The new parenthood provisions set out in Part 2 of the Human Fertilisation and Embryology Act 2008 have been attacked as dangerous and radical, offering a ‘lego‐kit model of family life’ and a ‘magical mystery tour’ in how legal fatherhood is to be determined. In this paper, we explain what is innovative about these new provisions but also explore what they owe to deep‐rooted traditional assumptions about the family. Relying both on published documentation relating to this reform process and a small number of key actor interviews, we trace the imprint of what Fineman has described as the ‘sexual family’ model on the provisions. We conclude that the way that parenthood is framed within the legislation relies on a number of important normative assumptions which received very little scrutiny in this process. We also highlight a number of tensions within this framing which, we suggest, may create future problems for judicial determination.     

Forensic Discrimination of Dyed Hair Color: I. UV‐Visible Microspectrophotometry*†

Abstract: Current protocols for examining hair do not attempt to differentiate hair color using instrumental analysis. In this study, hair samples treated with 55 different red hair dyes were analyzed using UV‐visible microspectrophotometry between 200 and 700 nm. Using air as a background reference gave the best results, although mounting media such as glycerin could also be used. The contribution of the hair substrate is predominantly observed in the range of 300–400 nm while the dye peak is evident in the range of 425–550 nm. It was found that the presence of hair dye reduces the overall intrasample variability of the hair color. In addition, visual inspection and spectral interpretation showed that dyed hair exhibits distinct and discernable shades. The color of all samples was stable during storage and while all hair dyes fade with washing, significant fading of the color was only evident after daily washing for 3 weeks.     

Sorting out smart surveillance

Surveillance is becoming ubiquitous in our society. We can also see the emergence of “smart” surveillance technologies and the assemblages (or combinations) of such technologies, supposedly to combat crime and terrorism, but in fact used for a variety of purposes, many of which are intrusive upon the privacy of law-abiding citizens. Following the dark days of 9/11, security and surveillance became paramount. More recently, in Europe, there has been a policy commitment to restore privacy to centre stage. This paper examines the legal tools available to ensure that privacy and personal data protection are respected in attempts to ensure the security of our society, and finds that improvements are needed in our legal and regulatory framework if privacy is indeed to be respected by law enforcement authorities and intelligence agencies. It then goes on to argue that privacy impact assessments should be used to sort out the necessity and proportionality of security and surveillance programmes and policies vis-à-vis privacy.     

When convenience is inconvenient: ‘healthy’ family foodways and the persistent intersectionalities of gender and class

This article draws on findings from an auto/biographical study about relationships with food to demonstrate how everyday foodways continue to be influenced by the intersectionalities of gender and class. Following Bourdieu [1984. Distinction, a social critique of the judgement of taste. London: Routledge] how ‘foodies’ use food and foodways (the production, preparation, serving and eating of food) as a material and cultural display of capital (Johnston, J., & Baumann, S. 2010. Foodies, democracy and distinction in the gourmet kitchen. London: Routledge) or even ‘culinary capital’ (Naccarato, P., & LeBesco, K. 2012. Culinary capital. London: Berg) has been demonstrated. There has been less work exploring how mothers use ‘feeding the family’ (DeVault, M. I. 1991. Feeding the family. London: University of Chicago Press) as a source of cultural capital for themselves. Three-quarters of the 75 respondents in my UK study were parents and all mothers with dependant children fed their family ‘healthy’ food as a means of performing a particular middle-class habitus. I therefore examine how mothers engaged in ‘healthy’ foodwork as a means of positioning themselves as ‘good’ mothers or ‘yummy mummies’ (Allen, K., & Osgood, J. 2009. Studies in the Maternal, 1). Indeed, despite decades of gender equality in the public sphere and neo-liberal assertions regarding individualism, ‘feeding the family’ (DeVault, 1991) continues to be a highly gendered activity, with the added pressure of now having to provide ‘healthy’ food cooked from scratch. In these accounts, convenience foods and/or ‘unhealthy’ family foodways were vilified and viewed with disgust, with an adherence to ‘healthy’ family foodways used as a means of drawing boundaries within fields of ‘organised striving’ (Martin, J. 2011. On the explanation of social action, Chicago: University of Chicago Press; Savage, M., & Silva, E. B. 2013. Cultural Sociology, 7, 111–126). This article considers ‘healthy’ foodwork as a significant aspect of ‘good’ middle-class mothering, whereby ‘healthy’ family foodways become significant in the performance and display of ‘proper’ middle-class femininity that pathologises alternative family foodways and ‘other’ femininities. This serves to illuminate continuities within the intersectionalities of gender and class, with a commitment to ‘healthy’ family foodways central to ‘future oriented’ (middle classed) maternal identity.     

Wench Tactics? Openings in Conditions of Closure

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments.     

Policies for Decent Labour Standards in Britain

Decent labour standards are a prerequisite for perceived justice and social cohesion. Insofar as they have been achieved in Britain in the past, it has been the result of collective bargaining between employers and trade unions. This has all but vanished in the private sector and, it is argued, there is no chance of its being revived. Upholding labour standards now lies in the provision of statutory individual employment rights. Experience with minimum wages provides some guidance on how these might be developed through social partnership arrangements. Once achieved, such rights amount to little without effective enforcement. Increasingly important for this is the use of the law and consumer campaigns to expose poor employment practices and complex supply chains so that offending employers can be held to account. If Britain is to avoid falling into a competitive ‘race to the bottom’ with Brexit, it must institute a robust means of implementing and enforcing decent labour standards.