Divorce and Family Mediation


Book Description

Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.







SECRETS and SCANDALS


Book Description

Between 1986 and 2006 Rhode Island ran a gauntlet of scandals that exposed corruption and aroused public rage. Protesters marched on the State House. Coalitions formed to fight for systemic changes. Under intense public pressure, lawmakers enacted historic laws and allowed voters to amend defects in the state's constitution. Since colonial times, the state legislature had wielded vast executive powers. Even judges remained vulnerable. No one could forget that on a single day in 1935 the General Assembly sacked the entire Supreme Court. Without constitutional checks and balances, citizens suffered under single party control. Republicans ruled during the nineteenth and early twentieth centuries; Democrats held sway from the 1930s into the twenty-first century. In their eras of unchecked control, both parties became corrupt. SECRETS & SCANDALS tells the inside story of events that shook a culture of corruption and finally brought separation of powers in 2004. No single leader, no political party, no organization could have converted betrayals of public trust into historic reforms. But when citizen coalitions connected with dedicated public officials to address systemic failures, government changed. Three times--in 2002, 2008, and 2013--Chicago's Better Government Association scored state laws that promote integrity, accountability, and government transparency. Rhode Island ranked second twice and first in 2013--largely because of reforms reported in SECRETS & SCANDALS.




Privilege Or Punish


Book Description

Privilege or Punish: Criminal Justice and the Challenge of Family Ties will expose some of the challenges the American criminal justice system faces when it intersects with the interests of the family. The authors find that the state does not always impinge upon family members in the course of investigating or prosecuting all the crimes about which it knows. Legal institutions and actors frequently defer to the decision of family members to prioritize their duties to family over their duties as citizens. Some examples of these accommodations include evidentiary privileges that enable family members to avoid furnishing evidence against their loved ones or exemptions for family members from laws prohibiting the harboring of fugitive. The authors characterize state policies that appear to promote family interests as "family ties benefits" - and there are many of them. The authors generally oppose conferring family ties benefits in the criminal justice system. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special benefits to family members, while at the same time excluding citizens who are not part of a state-sanctioned family unit.




Electronic Evidence for Family Law Attorneys


Book Description

Issues of access to and the forensic use of electronic evidence are central to our social agenda--and nowhere are those issues more complicated than in family law. Who but a spouse knows your passwords and may share legal title to the accounts that control your family's information? Electronic Evidence for Family Law Attorneys explains the complexities of evidence as well as how to effectively integrate this knowledge into your family law practice. It presents critical information in clear terms to help you speak about these issues with clients, with expert witnesses who command vast knowledge in the field, and with judges who may have little familiarity with current electronic communication platforms. Topics include: - How to discuss electronic evidence with your clients, from protecting passwords to reviewing social media habits - Preservation of electronic evidence- Legal versus illegal tactics, including spyware, copying software, keyloggers, video and audio recording, and GPS tracking- How to select and use experts- How to obtain access to electronic evidence held by others, and more




The Law of Child Custody


Book Description










The Psychology of Family Law


Book Description

Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.