The Protection of Confidentiality in Australian Family Law

This paper identifies and discusses the legislative provisions which protect confidentiality in family law proceedings in Australia. The purpose of discussing these protections is two‐fold: firstly, to identify the scope and operation of these protections for Australian legal practitioners; secondly, to allow comparison of Australian protections to those offered in other jurisdictions. This paper will consider duties of confidentiality and evidential privileges in the context of settlement negotiation, mediation, arbitration, lawyer‐client relationships and medical, counselling and other therapeutic relationships. The rationale for the protection of confidentiality in some of these relationships and circumstances, but not in others, will also be considered in an attempt to understand why it is so.     

More Good Than Harm: Legal Orphans and the New Jersey Post‐Termination Project

In 1997, Congress enacted the Adoption and Safe Families Act to increase the rate at which states achieve permanent placements for children in foster care. Despite the Congressional mandate, the rate of permanent placements has lagged. This article discusses the development and implementation of the Post‐Termination Project employed by the New Jersey Superior Court—Essex Vicinage to address the rate at which permanent placements are achieved. The Project, which relies upon a multi‐agency approach overseen by a single judge, has been successful at increasing the permanent placement rate in the Essex Vicinage.     

The value of restorative justice*

This paper starts by defining restorative justice and analysing its components. It looks at its practical benefits for the criminal justice system and explores the human benefits, not only for victims, but also for offenders, the families of both parties and the community. The experience of restorative justice in juvenile courts in New Zealand is examined in order to highlight the main benefits of the practice. Studies have shown that restorative justice can have positive effects such as reducing reoffending, providing an insight into offending, bringing together victims and offenders and repairing emotional harm. The paper concludes that although restorative justice on its own will not fix all social problems, it has many positive impacts on participants.     

Protecting Ohio's Children: Ohio Juvenile Court Jurisdiction to Prevent Nonparty Interference in the Protection of the Best Interest of a Child

Ohio Rule of Juvenile Procedure 2(Y) allows juvenile courts to do what other courts cannot: designate additional parties to an action, allowing juvenile courts to better accomplish their statutory purpose of pursuing the best interests of children. However, sometimes this can lead to confusion about juvenile courts’ actions to protect children, especially when courts invoke Rule 2(Y) to stop interference with proceedings. This article will examine the historical foundations of Ohio's juvenile courts, the unique authority that they possess, and the conflicts that can arise due to interference with juvenile court proceedings. Ohio's juvenile courts have unique authority, and they can use that authority in a way that does not conflict with constitutional rights, while still working to protect the interests of children.     

The State,Identity, and the National Question in China and Japan,by Germaine A. Hoston

Abstract

This very dense book represents a significant effort to come to terms with the “national question” in radical discourse—the meaning of the nation in relation to, or in opposition to, the state—through the prism of the adoption of Marxist ideas in China and Japan in the late nineteenth and twentieth centuries. This is a critical problem inasmuch as issues of state-building in China and of state hegemony in Japan have dominated the recent histories of those two countries.