SETTING THE SCENE

This article focuses on the Family Law Act of Australia and its subsequent impact on the Australian courts. There is an analysis of the historical and social factors that led to the legislation. The article also discusses the constitutional precedent and framework surrounding the Family Law Act's inception. Finally, the article addresses the future of the Australian courts under the Family Law Act.     

TO BUNDLE OR UNBUNDLE? THAT IS THE QUESTION

A substantial number of parties either represent themselves or are partially represented in family law matters because they are unable to afford traditional full service representation. As this number continues to climb courts are taking a proactive approach in servicing self-represented litigants through self help centers. The following is a judge's perspective on how unbundled legal services assist the self represented and the courts as well as answers to ethical concerns should they arise.     

试论《民法通则》第一百三十二条在医疗损害赔偿中的适用

民事法律中“公平责任”和“公平原则”在内涵上有着本质的区别,《民法通则》第一百三十二条“当事人对造成的损害都没有过错的,可以根据实际情况,由当事人分担民事责任”是“公平原则”在侵权行为法中的具体体现,具体到医疗损害赔偿中应坚持贯彻公平原则。但是目前在医疗损害赔偿案件中,有一种滥用《民法通则》第一百三十二条的现象。笔者针对司法实践中的此种现象,试图说明医疗损害赔偿案件适用《民法通则》第一百三十二条的原则。     

Incarcerated mothers and parenting

This paper describes as a primary prevention strategy, a parent-education program aimed at enhancing the parenting skills and knowledge of incarcerated women (the majority of whom were mothers). Data are presented which describe changes in program participants' self-evaluations, parenting attitudes, and expectations of children. Upon completing of the parenting program, few differences were observed for the various pre- and post-test measures. Specifically, the analysis indicated that participants' self-esteem improved slightly but that participants appeared to regress in such parenting attitudes as beliefs in the use of corporal punishment as a means of discipline. The need for further examination of the area of parenting attitudes and practices of incarcerated mothers is underscored.     

WOMEN'S PARTICIPATION IN CHINESE TRANSNATIONAL HUMAN SMUGGLING: A GENDERED MARKET PERSPECTIVE*

Despite extensive sociological research on gender and organizations, criminologists have paid insufficient attention to how organizational context and market demands may shape the extent and nature of women's participation in illicit enterprises. This study uses an organizational framework to examine the case of Chinese human smuggling to the United States. Drawing from interviews with 129 human smugglers, we propose a gendered market perspective for understanding the place of women in the human smuggling enterprise. We argue that the limited place of violence and turf as organizing features of human smuggling, the importance of interpersonal networks in defining and facilitating smuggling operations, gender ideologies about work and caregiving, and the impact of safety as an overriding concern for clients combine to create a more meaningful niche for women in human smuggling operations than is found in other criminal endeavors. Our research suggests that organizational and market contexts are significant explanations for gender stratification in illicit enterprises.     

JUDICIALLY HOSTED SETTLEMENT CONFERENCES IN DOMESTIC RELATIONS CASES

Trial court judges have not traditionally been involved in facilitating negotiations in domestic relations cases. The move toward alternative dispute resolution presents opportunities to judges to involve themselves in assisting litigants and their attorneys to fashion agreements that are tailored to each family. This article examines the elements and variables inherent in settlement negotiations and domestic relations and makes suggestions for judges who host settlement conferences in family law cases.