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71.
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Janet Chan 《International Journal of the Legal Profession》2014,21(2):213-232
Recent evidence of the prevalence of stress and mental health issues among Australian lawyers has led to calls for legal culture to be changed to promote a better work–life balance and wellbeing for practitioners. Yet three decades of empirical studies in North America have shown consistently high levels of job satisfaction among lawyers. This paper investigates the role of legal culture in sustaining the paradox of satisfied lawyers under working conditions that may be conducive to stress. Drawing on Bourdieu's theory of practice and the literature on work stress, the paper conceptualises the relationships between the demand of legal work, the culture of legal practice, and lawyering stress. It concludes with a discussion of the implications of this kind of analysis for reforming the legal profession. In spite of the difficulty of cultural change, the paper argues that as consciousness is raised and the field changes, alternative models of practice will need to emerge, so that lawyering stress may become a mechanism for change not reproduction. 相似文献
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Independent medical examinations (IMEs) theoretically construe a means of “independently” assessing a claimant’s physical and psychological status, as well as to determine whether treatment that has been and will potentially be provided is reasonable and necessary. IMEs may be undertaken both for the plaintiff and defense or related adversaries. In the present case, we focus on IMEs that are requested by insurers. One can query the degree to which IMEs are actually “independent.” It has been posited that one of the ways in which claims managers contribute to potential bias against claimants is through a process of selectively providing examiners with medical records, which has been described as “cherry-picking.” Despite the existence of rules and laws that are designed to prevent cherry-picking, the practice still occurs. This analysis discusses the legal as well as ethical implications of cherry-picking and its potential to cause or exacerbate psychological injury that a claimant may experience. The authors propose that psychologists as well as attorneys can advocate for their vulnerable patients/clients in cases of cherry-picking. A recent case study from the clinical practice of the first author in which he so acted is provided. We conclude with a discussion of the ethical implications of the psychologist’s intervention. 相似文献
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Janet L. Lauritsen 《犯罪学》2023,61(2):187-203
Criminology lacks sufficient data for many types of crime that are of great concern to society. This lack of data poses significant problems for determining whether resources are adequate for responding to these crimes or whether programmatic, legislative, or target-hardening efforts to prevent or reduce their occurrence are effective. Inadequate data about crime also produces a selective and incomplete narrative about crime that makes it easier for political and vested interests to exploit public concerns about crime for their own ends. In this address, I discuss what is needed to resolve these gaps and the ways in which criminologists can support a significant expansion of the crime data infrastructure. Such work is necessary to help ensure the future relevance of criminological research. 相似文献
76.
AbstractWith the recent surge of college protests against various forms of economic, political, social, and racial injustice, there have been persistent and pernicious reactions from other students, administrators and public figures that function to undermine the emancipatory impulses animating these demonstrations. The reactions are often justified under the banners of tolerance, chastising students to listen instead of protest. This article, focusing on Marcuse’s concepts of repressive toleration and counterrevolution, evaluates the reactionary responses to these events, as well as the critical potential of this fledgling student sensibility, a burgeoning refusal represented by protest events at American universities. We maintain that many of the calls for tolerance are actually demands for silence and belong to a wider counterrevolutionary phase of late capitalism observed by Marcuse. Bedrock liberties are dialectically inverted whereby speech and toleration are repressively deployed against demands for justice. This article concludes by arguing that it is crucial to the success of this resurgent sensibility for justice—and progress toward a radical socialist movement that coincides with the emancipatory vision of Herbert Marcuse—that the counterrevolutionary character of the responses are demystified. 相似文献
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Convenient and Inconvenient Truths in Family Law: Preventing Scholar‐Advocacy Bias in the Use of Social Science Research for Public Policy 下载免费PDF全文
Irwin Sandler Michael Saini Marsha Kline Pruett JoAnne L. Pedro‐Carroll Janet R. Johnston Amy Holtzworth‐Munroe Robert E. Emery 《Family Court Review》2016,54(2):150-166
This is the second of two articles on the risks of advocacy bias in the reporting of research findings when boundaries are blurred between social science research and advocacy in the pursuit of public policy. In the first article we identify common ways in which social science researchers and reviewers of research—wittingly or unwittingly—can become advocates for ideological positions and social policies at the expense of being balanced reporters of research evidence. The first article discusses the difference between truth in social science and truth in law and identifies a range of scholar‐advocacy strategies that bias research evidence, illustrated by recent debates about overnight parenting of infants and toddlers. In this second article we show how biased research evidence by scholar advocates results in increased confusion and controversy that diminishes the credibility of all parties and stalemates progress in the field, using a case illustration of intimate partner violence in family court. We also show how adherence to scientific methods prevents the misuse of research and suggest a number of collaborative, integrative measures that can help transcend the adversarial stalemate. In a look to the future we consider some unbiased, standardized ways of assessing the strength and generalizability of research evidence. 相似文献
78.
The recent rediscovery of federalism has left the nation's governors with expanded responsibility and limited federal support. In return, they were promised greater fiscal flexibility, a real partnership in program design, and protection from unfunded mandates. However, states seem unwilling to offer the same guarantees to their cities that they sought from the federal government, even as they expand city responsibilities and limit state aid. This paper explores the extent to which Virginia, New Jersey and Florida have provided the fiscal flexibility and partnership, except in the area of economic development, but the diminished fiscal capacity of some distressed communities relative to their suburban counterparts render them unable to benefit from such efforts. 相似文献
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