The impact of cuts in legal aid funding of private family law cases

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) made deep cuts to legal aid in the UK from April 2013, withdrawing state aid from almost all private family law cases. The paper is based on the findings of a micro-study of solicitors and Citizens Advice Bureaux (CABx) in Kent and London to investigate the impact of LASPO cuts on their work. The findings suggest that: legal aid firms have closed or merged; legal aid work is often partially carried out in solicitors’ own time; ‘unbundled’ services for litigants in person (LIPs) are increasingly common; and family cases are being complicated and extended by the new ubiquity of the LIP. Respondents suggest that litigants may increasingly be ‘giving up’ on pursuing their cases, with clear implications for financial justice and contact with children. Further research is needed into the financial and affective impact of the cuts and the distribution of losses and difficulties between genders. The study, however, suggests the likelihood of post-separation poverty, debt and capital losses increasing in the post-LASPO environment, and that firms and CABx are having to find various methods of dealing with clients abandoned by the state.     

Medical–Legal Partnerships: How Legal Services can Dramatically Improve Health Outcomes,and the Missed Opportunity to Help Women Seeking Abortions

There are significant health disparities in the United States, with low‐income and minority Americans experiencing higher rates of chronic disease and autoimmune disorders. Research has firmly established that social factors ‐ such as malnutrition, limited access to healthcare, and safe housing ‐ play a critical role in these health disparities. Medical‐Legal Partnerships are a relatively new approach to improving the health of people living in poverty by addressing the root causes of these health‐harming social factors. This article discusses the benefits of Medical‐Legal Partnerships and argues for continued expansion of the model, particularly in pediatricians’ offices, because parents are more likely to seek medical care for their children than themselves. This article further discusses how legal constraints prevent federal funding for Medical‐Legal Partnerships in abortion clinics; this creates a missed opportunity to work with women who are seeking abortions, many of whom face considerable social and economic challenges that could be addressed through legal assistance. This article digs into the legal restrictions that create this missed opportunity and proposes potential solutions to better serve the vulnerable population of abortion‐seeking women.     

Reducing Domestic Violence and Improving Outcomes for Children: Funding Civil Legal Aid to Maximize Impact

Domestic violence survivors and children in foster care often experience significant unmet civil legal needs. Legal aid services, when adequately funded, can help close the justice gap for these two populations while improving safety, stability, and court efficiencies. However, despite ample literature demonstrating how legal aid can improve outcomes, almost half of those seeking legal aid services are turned away due to lack of resources. This article reviews the research and data about how legal aid can improve outcomes for people in the domestic violence and child welfare contexts. It also discusses how several state‐administered federal funding opportunities—including the Victims of Crime Act (VOCA) Victim Assistance Formula Grant Program, Title IV‐D child support funds, and Temporary Assistance for Needy Families (TANF) basic block grants—can fund the needed civil legal help.     

Understanding Parental Gatekeeping in Families with a Special Needs Child

Supporting the positive development of a special needs child is especially challenging when parents have separated or divorced. Invariably, there is an increased need for collaborative co‐parenting wherein information is shared and intervention plans can be implemented effectively. In this article, the evolving literature on parental gatekeeping is applied to families with special needs children, as it offers a useful model for understanding the strengths and liabilities of co‐parenting relationships. We describe some of the typical and unique gatekeeping dynamics that occur when children suffer from developmental, physical, and/or psychiatric syndromes that require specific treatment and specialized parenting skills. Examples of both restrictive and facilitative gatekeeping are described as they manifest in these families. Implications for decision making are also discussed.     

中国现代物流法制环境建设

本文分析了中国物流业发展及其法制环境的现状,指出中国物流业正处于从传统物流转向现代物流的过渡时期,良好的物流法制环境对于中国物流业的发展具有重要的制度支持与保护作用。在中国物流业法制建设的过程中,政府的作用举足轻重,物流法制环境建设涉及管理体制、基础设施建设、物流服务、市场准入和市场竞争等诸多方面。中国目前应当着手制定《物流业管理条例》,引导我国物流业健康发展。     

Fighting corruption in public procurement in post-communist states: Obstacles and solutions

Anti-corruption efforts in Europe’s post-communist states have been less successful than anticipated. Criticism has been raised against the role of the international community in promoting anti-corruption programmes. Besides, such programmes have been deemed vague and “all-inclusive”. They have largely failed to address local factors “informing” corrupt behaviour in post-communist states, such as (a) negative perceptions of law, and (b) informal practice.‘ I'd be grateful if you could retain the original sentence as it is more precise.     

违反行政法义务的责任:在行政处罚与刑罚之间——基于《行政处罚法》第7条第2款之规定而展开的分析

具有刑罚后果的违反行政法义务的行为,在具有相同的行政处罚和刑罚构成要件的情况下,应当从区分行政处罚和刑罚的决定因素与适用的两个面向,根据行为的情节、后果、条件、数量和主体等因素确定给予行政处罚抑或刑罚。在处理程序上,基于"行政→刑事"和"刑事→行政"正反两个程序模式的架构,从它们的启动要件、运作步骤和程序效力等方面,解释现行相关规定的实质内容,揭示两种法律责任的程序衔接部分的法律框架。     

行政法:中国特色社会主义法律体系之重要特色

社会主义法治建设工程启动并已经初步造就成为我国取得的诸多举世瞩目成就领域中最突出的一项。社会主义法治建设工程首在立法,并坚持权为民所赋、权为民所用。社会主义法律体系是开放发展的体系,它将随着法治工程建设的进展而自我完善。我国法治建设任务的重点就是实现行政法治,就是建设中国特色的法治政府。中国特色社会主义法律体系的完善和成熟将集中体现在中国特色行政法律体系的完善和成熟方面。     

民间文学艺术作品的立法保护

随着社会的发展,我国民间文学艺术作品的保护得到越来越大的重视,拟就内涵、保护中存在的问题及解决的办法予以分析,希望能够为我国民间文学艺术相关制度的出台有所裨益。     

英国的授权持枪警察制度

英国为兼顾打击犯罪与保障人权的双重需要,建立了授权持枪警察制度。该制度通过严格的选拔程序、全面的培训和常规的认证管理,提高授权持枪警察的专业素质;同时,立法和警察政策明确规定了配发、使用枪支的条件和授权控制制度,有效地防范警察枪支使用权的滥用。