Development and Practical use of an Emotional Readiness Assessment for Support in Family Justice Processes

The ability to make effective co‐parenting agreements and reduce conflict following divorce depends on a person's emotional state or readiness. This article outlines OnePlusOne's development and piloting of an Emotional Readiness Assessment and subsequent digital tool, in collaboration with the University of Sheffield. It comprises a summary of a literature review to identify the key emotions experienced during separation and their influence on making effective childcare arrangements, item development derived from the review and expert consultation, feedback from separated parents regarding sources of support, practitioners’ feedback regarding the tool's feasibility, and concordance between mediator comments and clients’ scores on the tool. Ways of using this tool in practice and implications for further development are also discussed.     

Tombstone Towns and Toxic Prisons: Prison Ecology and the Necessity of an Anti-prison Environmental Movement

Within the field of green criminology, scant attention has been paid to prison ecology, or the unique characteristics of the common environments of correctional facilities. As investigative reports by human rights and prison abolition organizations have highlighted, there is growing evidence to suggest a systemic pattern of prisoners being exposed to environmental injustices resulting from their proximity to federal Superfund and other contaminated sites. One of the most expensive Superfund sites in the Midwest, the former Velsicol Chemical Corporation plant site in St. Louis, Michigan has been contaminated with DDT, PBB and pCBSA. Located one and a half miles from the site is one of the State’s largest correctional compounds- the Central Michigan and St. Louis Correctional facilities- which house more than 3500 prisoners who are disproportionately men of color. Despite multiple civil rights lawsuits filed by prisoners at the facility, little has been done to address the problems of water contamination at the prison. Furthermore, the failure of the Environmental Protection Agency to consider prisoners within federal environmental justice guidelines facilitates continued harm for this vulnerable population. Given the increasing revelations of toxic prisons across the U.S., it is necessary for environmentalists and green criminologists to work together with prison abolition organizations to fight the epidemic of toxic prisons.     

crisis,austerity and gendered governance: a feminist perspective

Feminist scholars have been highly attentive to the ways that crises have become an everyday technique of global governance. They are particularly sensitive to the mechanisms through which ‘crisis management’ entrenches the power of particular economic orders and constrains the possibilities, and space, for contestation and critique. This paper seeks to contribute to but also to extend existing feminist research on financial crisis by arguing that, over the course of what has commonly been labelled the ‘global financial crisis’, the emergence of ‘crisis governance feminism’ has enabled existing structures and mechanisms of gendered privilege, such as the global financial industry, to suppress calls for their overhaul and to re-entrench their power in the global political economy. Adopting a discursive approach to gender and governance that situates gender centrally in understanding governance discourses and their reproduction of common sense (about what people do, how they labour, where they invest and so on), this paper argues that the governance of crisis in the contemporary era, in particular the various actors, institutions, policies and ideas that have sought to describe and ‘contain’ the global financial crisis, are gendered. Gender has become, in the contemporary global political economy, a technique of governance, and with deleterious effects. Despite inciting more discussion of ‘gender’ in economic systems than ever before (particularly in terms of discussions of ‘economic competitiveness’), this paper argues that the ‘global financial crisis’ has precipitated and continues to reproduce techniques of governance that trivialise feminist concerns while further embedding a masculinised, white and elitist culture of global financial privilege.     

The Legal Position of the Married and Unmarried Father Under English and Dutch Law: Sharing Parenting or Just Going Dutch?

This article addresses the issue of the legal position of the married and unmarried father under English and Dutch law. The legal position under English Law in the UK for the married and unmarried father may be familiar to English family lawyers. The situation for unmarried fathers can be seen as more 'precarious' and less legally secure than that of the married father in terms of the legal recognition of fatherhood and the exercise of parental responsibility. Fathers who are not married to the mothers of their children are not recognised as 'fathers' in law in the same way as the married father. They will possess the automatic parental responsibility that the married father has, as a result of the implementation of new legislation which acts as a 'gateway' to the effective exercise, in legal terms, of 'fathering' activities. Whilst there have been some reforms, this are set in the context of problems and difficulties in regulating unmarried relationships in general. There is disparity in legal treatment between the married and the unmarried relationship, fatherhood in particular, but this distinction shows signs of diminishing, as it has done under Dutch law. In The Netherlands, as in a lot of other European countries, family law has been subject to continual law reforms, as a consequence of social developments. Also decisions of the European Court of Human Rights have forced the Dutch government to adapt legislation. Due to the equality principle, many benefits of marriage are now also granted to unmarried people. Since the extended law reform in 1998 the terms 'legitimate' and 'illegitimate' child – for children born inside and outside of marriage – no longer exist. Instead the term 'family ties' was introduced. This article will discuss the major issues which concern the legal position of the married and the unmarried father under English and Dutch law.     

Researching other people's rows: Current research into divorce conciliation

Conclusion This paper has been a review of some current issues in research to monitor conciliation and mediation in matrimonial disputes. We have argued that although the main faults of the Lord Chancellor's Department'sReport of the Inter-Departmental Committee on Conciliation have been well identified by critics, some of the criticisms are unnecessarily harsh and unfair. Second, we have pointed to the major weaknesses of research to date on conciliation. These are: (a) the absence of convincing controls to conciliated clients; (b) the lack of consumer research. We have suggested an aggressive research design to overcome the first of these problems and argued against theprima facie ethical objection to it. Finally, we have reviewed the issue of confidentiality of information in relation to research needs. We have suggested that a reluctance to betray confidences can not only be seen as part of a general adherence to the informed consent principle, but that, for us, it forms part of a general attitude to research that treats clients as responsible partners in the acquisition of knowledge and insight.With these three themes in mind we look forward to research into conciliation that is (a) more convincing than the Robinson report; (b) more adventurous in tackling the problems of legitimate inference of the cause/effect type; (c) sensitive to ethical issues without being unnecessarily timid.     

On Foreign Ground: Grand Narratives,Situated Specificities,and the Praxis of Critical Theory and Law

This article is the first part of a two-part project which is critical of trends in contemporary U.S. critical and interdisciplinary legal scholarship and pedagogy. The larger project seeks to use this critique to model fruitful approaches to critical and theoretical scholarship in law “beyond 2000”.The focus of this article’s criticism is the work of two significant scholars of the second wave of what might broadly be called CLS scholarship, or more precisely critical, theoretical and interdisciplinary legal scholarship: Jack Balk in and Pierre Schlag. Looking back to the work of Duncan Kennedy and Stanley Fish, respectively progenitors of CLS and of theoretical interdisciplinary legal scholarship in the U.S., it is argued that the work of all four is marked by two significant flaws: lack of self-reflexivity and a desire for a realm of theory which unselfconsciously adopts the Cartesian split subject. The article then uses the work of Vicki Kirby and Pierre Bourdieu both to identify the tendencies it critiques, and to suggest why the work of Terry Threadgold and Peter Goodrich might provide models for a praxis of critical theory in law which is of particular use in the context of professional subject formation. This revised version was published online in July 2006 with corrections to the Cover Date.