The contested terrain of land governance reform in Myanmar

State control of land plays a critical role in producing land dispossession throughout the Global South. In Myanmar, the state’s approach towards territorial expansion has driven the country’s system of land governance, resulting in widespread and systemic land grabbing. This article investigates ongoing land governance reforms as key terrains for contesting such abuses of power. Employing a relational land governance approach, we view reform processes as shaped by changing power-laden social relations among government, civil society, and international donor actors. Legal and regulatory reforms in Myanmar potentially act as sites of meaningful social change but in practice tend to maintain significant limitations in altering governance dynamics. Civil society organizations and their alliances in Myanmar have played an important role in opening up policy processes to a broader group of political actors. Yet, policies and legal frameworks still are often captured by elite actors, becoming trapped in path dependent power relations.     

Harnessing the Power of Data to Improve Family Justice: A New Nuffield Family Justice Observatory For England and Wales

A pilot Family Justice Observatory for England and Wales is being launched in Spring 2019. Its overarching aim is to address concerns about the limited and uncertain place of empirical evidence in the family justice system. The Observatory will focus on providing intelligence about how the system is working, especially through the accelerated use of electronic population level data on family justice cases. Drawing on collaborative relationships between data providers and users, as well as policy and practice colleagues, the Observatory will improve collective understanding of the needs of children and families and how they are met by the family justice system.     

A Test of Self‐Control Theory Across Different Socioeconomic Strata

The current investigation examined the relationships between family processes, self‐control, and adolescent deviance in a sample of N = 3,764 Swiss male and female youth pursuing an apprenticeship (lower SES) or attending a Gymnasium/teacher’s college (higher SES). Participants completed a questionnaire that included measures of family processes, self‐control, and deviant behaviors. Results indicated that self‐control predicted adolescent deviance in both groups, and that direct and indirect effects existed in the relationships between family processes, self‐control, and deviance. Findings provided evidence of comparatively few differences in the observed associations by SES, though the magnitude of the positive effect by low self‐control on deviance was more modest in male apprentices as compared to non‐apprentices. Findings are discussed in terms of the implications for Self‐Control Theory.     

Guidelines for Brief Focused Assessment: AFCC Task Force on Brief Focused Assessments.

The Association of Family and Conciliations Courts (AFCC) Task on Brief Focused Assessment was convened in 2007 to study the issues inherent in the use of brief focused assessment models in family courts. The resultant “Guidelines for Brief Focused Assessment” were approved by the AFCC Board of Directors in 2009 and are presented here to prompt discussion and further dialogue about this clearly needed practice.

Key Points for the Family Court Community
• Issue‐specific assessments are increasingly requested by family court judges
• Practice guidelines for clinicians conducting brief focused assessments (BFAs)
• Types of issues/questions appropriate for BFAs
• Advantages and pitfalls of BFAs
• Comparison of BFAs and comprehensive child custody evaluations

     

‘Til Death Do Us Part: Affidavits of Support and Obligations to Immigrant Spouses

This article analyzes the use of a federal affidavit of support, a required document that forms part of all family immigration petitions to overcome public charge grounds of inadmissibility. The federal statute mandating affidavits of support was altered in 1996 in an attempt to make them contractually binding, even after the dissolution of marriage. Further, affidavits of support implicate not only obligations between spouses, but also deeming analysis for public benefit eligibility. Case law interpreting these affidavits of support is scarce and varied, but trends, patterns, and contested issues are emerging. Yet courts have not settled on any theory and practice for incorporating these affidavits into their decisions related to family dissolution. This article provides an introduction to affidavits of support and an initial effort to frame the most critical issues related to them that arise in family litigation. This article also highlights some of the key strategic issues and caveats for litigants and parties.

Key Points for the Family Court Community:
• An introduction to affidavits of support and the immigration law context in which it exists
• A review of trends, patterns, and contested issues emerging in available judicial decisions in state and federal courts
• Key strategic issues and caveats for litigants and parties on the use of affidavits of support

     

Ethical Advocacy for Immigrant Survivors of Family Crisis

The involvement of family courts in the lives of youth and families creates significant opportunities for advocates to assist their clients with immigration‐related issues. Informed and effective advocacy on these issues in family court can make life‐changing, and even life‐saving, differences for immigrants. More specifically, immigration issues are germane to family court because certain vital avenues of immigration relief available to survivors of abuse, neglect, abandonment, and other forms of family crisis explicitly depend on findings, orders, and certifications that are issued in the context of family court proceedings. After describing these forms of relief, and the family court's role in immigrants’ access to them, this essay analyzes how ethical mandates related to client counseling, representational goals, and competence affirmatively require family court practitioners to provide advice and advocacy related to these collateral benefits to family court proceedings.

Key Points for Family Court Community:
• The involvement of family courts in the lives of youth and families creates significant opportunities for advocates to assist their clients with immigration‐related issues
• Certain vital avenues of immigration relief available to survivors of abuse, neglect, abandonment, and other forms of family crisis explicitly depend on findings, orders, and certifications that are issued in the context of family court proceedings
• The substance of immigration‐related findings in family court, and their ultimate affect on family stability, are consistent with the core family court goal of supporting safety, well‐being, and permanency for children and families
• Ethical mandates related to client counseling, representational goals, and competence affirmatively require family court practitioners to provide advice and advocacy related to these collateral benefits to family court proceedings

     

New Labour’s communitarianism,supporting families and the ‘rationality mistake’: Part II

In Part I of this study, we argued that New Labour is keen to use legislation to promote what it sees as desirable family forms and to discourage other, less-favoured family practices. The codification of this approach in the 1998 Green Paper Supporting Families - and, in particular, the 'New Deal for Lone Parents' - was compared with recent empirical research on how people make decisions about their moral economies. We concluded that the government's approach is subject to a 'rationality mistake' - people do not make decisions in the way the government assumes and hence legislation can be inefficient or even oppressive. Here, we examine this contention further, this time focusing on chapter 4 of the Green Paper, indicatively entitled 'Strengthening marriage'. Using recent empirical research on mothers' views on marriage and cohabitation, we find further evidence of the 'rationality mistake', where the government has misunderstood the ways in which people make decisions about partnering and hence misplaces the role of family law. We conclude that supportive and flexible legislative frameworks are needed that recognize the varying ways in which people take moral economic decisions.     

Assumptions about children's best interests

The family justice system operates with a set of presumptions and assumptions about the welfare of the child which are assumed to be based on 'scientific' knowledge and which, therefore, are further assumed to carry the authority of both science and law. In practice, the result is that those working within the family justice system use powerful 'legal'notions whose provenance is often taken for granted and whose authority is unchallenged. Drawing on the different sets of assumptions operating in the family justice system and the youth justice system, this article explains, however, that law responds to messages originating in external discourses, notably science and politics, only in so far as its functions require and only in ways which 'fit'into legal communications. Viewed in this light, the presumptions are seen as working guidelines which should only be used with great care when dealing with the lives of children and young people. Whilst acknowledging that a full investigation of all children's cases would not be feasible, this article therefore argues for greater attention to the applicability and validity of prevailing presumptions.     

论影响青少年心理健康的环境要素

儿童的心理发展在少年期(12-14岁)和青春前期(14-18岁)处于关键阶段, 在这一阶段打造的心理素质从个体来讲决定着一个人事业的成败,从群体来讲关系着一个国家、一个社会的兴衰。近年来,青少年心理健康问题日益成为人们所关注的话题。从系统论的观点看,影响青少年心理健康的外部环境包括家庭、社会、学校以及心理教育和世界观等,其中世界观具有统摄作用。要解决青少年的心理问题就要对各种客观要素进行分析,认清各要素的重要性及其相互关系,了解其中存在的问题,从而有针对性地提高青少年的心理健康水平。     

Adolescent Children of Adolescent Mothers: The Impact of Family Functioning on Trajectories of Development

This study drew on four cycles of longitudinal data from the Canadian National Longitudinal Survey of Children and Youth to examine the academic and behavioural trajectories of youth between 10 and 15 years of age as a function of maternal age at childbearing. The analyses controlled for several family characteristics and examined the mediating effects of three family functioning variables (maternal depression, and nurturing and rejecting parenting behaviours). Maternal age was related to academic competency in math (standardized Math scores), externalizing disorders (Property Offences, Hyperactivity-Inattention), and internalizing disorders (Anxiety-Emotional Disorder). After accounting for family characteristics, the children of the young and older teen mothers retained their disadvantage in Math scores and Property Offences, respectively, whereas the children of older mothers lost the advantages that they had exhibited at age 10 (for Property Offences, the benefits were mediated through family functioning). These results have implications for future research and for the development of policy and programming targeting the healthy development of youth.