New AFCC Guidelines for Parenting Coordination (2019)

In 2017, AFCC President Annette Burns (2017–18) commissioned a Task Force, led by Dr. Debra Carter, to review the many changes and developments in parenting coordination that had occurred across the United States, in Canada, and across the world in the approximately 12 years since the 2005 Parenting Coordination Guidelines were released. Though primarily commissioned to update and revise the 2005 Guidelines, the Task Force also identified emerging issues in need of exploration – the use of technology in parenting coordination, parenting coordination as an intervention when intimate partner violence is a component of the dynamic, the importance of multicultural awareness and responsiveness, and the overall impact of the statutes, rules, and regulations that had evolved in significantly varying forms since parenting coordination first presented as an intervention for court‐involved families. The work of the Task Force, including the new (2019) Guidelines for Parenting Coordination, is presented.     

Privadentiality: Developing a Coherent Framework for Establishing Communication Protections in Family and Child Protection Dispute Resolution Methods

The emergence of innovative family and child protection dispute resolution (DR) methods has resulted in a varying array of communication protections. Review of these communication protections in the United States reveals a lack of consistency and clarity within each form of DR, and no clear policy to guide the development of the different communication protections across the spectrum of DR methods. This article proposes a new term, privadentiality, to describe communication protections which may be provided for a wide range of DR methods and a framework for categorizing DR methods in order to develop more consistent and appropriate communication protections across the spectrum of DR. This article concludes with recommendations to improve party and professional understanding of DR communication protections; protect families from escalating conflict; promote the integrity of DR methods; and enable courts to appropriately review and, where appropriate, approve DR outcomes.     

论管制征收构成标准——以美国联邦最高法院判例为中心

美国联邦最高法院在审理33个管制征收案件时主要采用是否属于物理性侵占、是否属于经济利益互惠、财产权行使是否构成对公共或他人的妨碍、是否符合公共利益、对财产价值的影响程度五类标准。管制征收构成标准的体系构建,需通过对五类标准进行形式与实质递进式的双阶层划分来实现:是否属于物理性侵占、是否属于经济利益互惠以及财产权行使是否构成公共妨碍为第一阶层的形式标准。一项管制行为属于物理性侵占即构成管制征收;管制行为属于经济利益互惠或者财产权行使构成对公共或他人的妨碍,则不构成管制征收。在不属于物理性侵占、经济利益互惠或者财产权行使构成公共妨碍的情况下,对是否符合公共利益和对财产价值的影响程度作第二阶层的实质判断。不符合公共利益标准或者对财产价值造成过度影响的管制行为构成应于补偿的管制征收。     

Talcott Parsons on full citizenship for African Americans: retrospective interpretation and evaluation

In this essay in the Thinking Citizenship Series, Lidz evaluates the contributions of Talcott Parsons for thinking about citizenship and race relations in twentieth century America.     

Self-protection in Greece: sticking with groups,communicating, protesting,and fighting

Despite the international community’s responsibility to protect (R2P) mandate, we are years away from effective international enforcement mechanisms. It is therefore important that we better understand and seek to support local capacities for self-protection. Migrants and refugees in Greece have shown us four central ways they cope with insecure environments. They stick together in groups, communicate warnings of danger, protest when conditions are threatening, and fight when all else fails. This practical note offers three recommendations on how to support the capacity of displaced people to protect themselves.     

Institutions and abused women: an interactional model to access justice in India

The discourse on domestic violence has steadily moved from solely the realm of private family affairs into the institutional domain, through changing perceptions and the enactment and enforcement of laws. This article aims to understand how women approach institutions and how institutions perceive, translate, and respond to complaints within human rights discourses. The study analysed all cases registered in a family counselling centre in Rajasthan, India, with ten cases then randomly selected for in-depth interviews. The institutions are a catalyst of social change; however, they need to partner with specialists for medical interventions, and network with line departments more effectively to improve social resilience.     

‘Solidity or Wind?’ What's on the Menu in the Bill of Rights Debate?

This article examines the pronouncements and positions of the leading political parties on the Human Rights Act and the proposals for a new British Bill of Rights and Responsibilities. It analyses the main arguments made in support of a British Bill of Rights and Responsibilities, which are advanced around five main issues: security, the judges, parliamentary sovereignty, responsibilities and 'British rights'. The article was written before the government published the Green Paper Rights and Responsibilities: developing our constitutional framework in March 2009 and provides a political context with which to analyse it.     

Good Administration: Why We Need It More Than Ever

This article relates the concept of 'good administration' to a range of key constitutional issues, including The Governance of Britain , the debate about a British Bill of Rights, the creation of the Administrative Justice and Tribunals Council, and the Law Commission's consultation on public law remedy. It argues that 'good administration', far from being remote from these issues, is a critical component of much that we value most in public life. By drawing upon, for example, the Parliamentary Ombudsman's publication of Principles of Good Administration and the Court of Appeal judgment in a case concerning the Ombudsman's report on occupational pensions, the article suggests that the principles of deliberative democracy, human rights and restorative justice combine to make the Parliamentary Ombudsman an effective instrument for 'humanising the bureaucracy', as first envisaged when the Office was created by the Wilson government in 1967.