The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
Much cited and relevant today in how it frames the analysis of courts, this book's new republication features an additional Introduction and Afterword by the editors, with updates, and a new Foreword by Christina L. Boyd. As Boyd writes, “For nearly all civil and criminal cases the traditional model of court as a judge-dominated, formal adversary process of adjudication does not hold. What exists instead ... is so variable, complex, and dynamic that a proper study of courts must return to first principles. And that is precisely what an all-star list of interdisciplinary court scholars, many of whom have established storied careers as trial court experts, does so well within the chapters of this book.” She adds: “I find the text to be very contemporary. Empirical Theories About Courts’ design to focus on theory building rather than simply examining discrete datasets or engaging in data mining of a single set of observations is a key factor in the book’s longevity.”
Quality ebook features includes linked Contents and notes, fully linked and paginated Index, proper formatting, and all of the tables and figures of the original properly presented. Part of the Classics of Law & Society Series from Quid Pro Books.
This new edition updates the ever-changing laws in this area and expands into additional topics of importance concerning paternity issues and fathers serving in the armed forces.
Numerous court cases are used as examples to illustrate relevant situations. An extensive list of resources including agencies, organizations and websites is included as easy reference for the reader.
In What Would Judy Say? A Grown-Up Guide to Living Together (with Benefits), Judge Judy Sheindlin enters a lively dialogue with readers from her popular Web site, www.whatwouldjudysay.com, to explore, with humor and savvy, the pitfalls and possibilities of sharing a life together before marriage.
Judy’s wisdom, based on a lifetime of experience, both in and out of court, covers the territory. In her inimitable way she offers reality checks: “Men are warriors, and warriors don’t clean up after themselves.” She cautions against blind love: “Frogs don’t become princes.” About mingling money and property, she warns: “No joint before the ring.” She advises that couples entering live-in relationships protect themselves because there is no court of People Just Living Together.
Rich with stories of real men and women who share their travels in the land of love and commitment, this is a heartwarming, funny and smart guide, to help people negotiate and really enjoy what is supposed to be this wonderful journey of life.
How to File for Divorce in Pennsylvania simplifies and thoroughly explains everything you need to know to successfully handle your own divorce. With easy-to-use forms and step-by-step instructions, this book makes filing for divorce inexpensive and hassle-free.
In response to this conflict, some children become aligned with one parent against the other – even a parent who has done nothing to warrant the hostile rejection of their formerly loving children. These “targeted” parents suffer from the loss of time with their children, the pain of watching their children become distant, even cruel, and the uncertainty of not knowing if and when their children will come back to them. These parents are on a painful journey with an uncertain outcome. Surviving Parental Alienation fills the tremendous need for concrete help for these parents.
Too often parental alienation stories that are shared by word of mouth, on the internet, or in books depict unending pain and frightening outcomes. Surviving Parental Alienation provides true stories and information about parents who have reconnected with their lost and stolen children, and offers better insight and understanding into what exactly parental alienation is and how to handle it.
Targeted parents are desperate to be understood and to find cause for hope, even as they search for answers. Surviving Parental Alienation is where they can start to find this hope.
Helping readers to make rational decisions in an irrational time, this expert guide takes women through the practical issues of divorce—especially the things their lawyer may not reveal. When it comes to divorce, what you don’t know CAN hurt you…and sometimes, women need more than just a lawyer’s advice to help them through this complicated and confusing time. That’s why divorce consultant Margery Rubin has created What Your Divorce Lawyer May Not Tell You, a unique guide for the woman working to stay afloat during one of the most difficult times of her life. Learn: • How to select the right lawyer and negotiate a price you can afford. • Why waiting to consult an attorney—even if you’re not sure you’re going to file for divorce—can be a costly mistake. • Where to look for important financial information that your spouse might be hiding. • How to build in “safeguards” to your custody agreement to prevent costly court battles later on. Packed with the author’s expertise—gained first during the breakup of her own marriage to a top divorce attorney, and then as the founder of DivorceSource, a consulting firm dedicated to advising women on how to navigate divorce proceedings—this book gives women invaluable, step-by-step advice on everything they need to survive their marriage’s end…and get on with the rest of their lives.
In a single handbook, He Had It Coming answers your questions, calms your nerves, and walks you through the process with confidence and control. Centered around her one-of-a-kind Pre-Divorce Plan, Schneider guides you through a divorce lawsuit, revealing insider information, divorce success secrets, and tactics, including:
•the answer to the number one question asked by wives on the verge of divorce
•crucial planning measures to implement before the papers are filed
•a hidden asset search plan to help make sure you don't walk away with less than you deserve
•tried-and-true stealth negotiation techniques to get you what you want
•how you can possibly save thousands of dollars by handling aspects of divorce yourself
•the way to hit a cheating spouse in his wallet.
Packed with checklists, strategic tips, sample practice dialogues, and firsthand pointers, He Had It Coming is the ultimate companion guide for any woman changing her "I do" to an "I don't."
From your first thought of divorce through the final paperwork, Your Divorce Advisor takes you step by step toward a divorce that dissolves the marriage but not your dignity, your sense of family, or your financial security. Whether you hire a lawyer or a mediator, or do it yourself, this practical, direct, and empowering guide offers you the wise counsel you need for both the legal and the emotional processes of ending your marriage.
Your Divorce Advisor shows you how to:
-Keep a healthy perspective that leads to a successful legal strategy and recognize when emotions threaten your case
-Protect your assets without destroying your family
-Detailed coverage of all your legal options and guidance through every legal step, including anticipating the emotional repercussions of your decisions
-More information on custody than any other divorce book, including age-appropriate custody schedules
-A sample divorce agreement explained one paragraph at a time
Your Divorce Advisor helps you set yourself and your family on a positive course toward a new life.
Family lawyer Gayle Rosenwald Smith has designed this thoroughly researched, practical, and easy-to-read guide to help the reader through difficult, emotional, and often overwhelming divorce processes. She comprehensively explains the financial issues that can impact divorce and, most importantly, tells the reader what they can do to better understand their situation and how to take proper action.
Included are effective tools and strategies to:
Choose the best lawyers, financial advisors, and moreTrack assets with checklists and chartsEvaluate and understand stock options and other "perks"Prepare a budget and expense sheetsValue business, pension plans, and retirement funds-401(k)s, IRAs, and moreUnderstand the importance of insurance in divorceDetermine the best course of action for the family home and other propertyGet a good property settlement agreementEnsure your future financial security and economic well being
The Complete Legal Guide to Senior Care contains all the information you need to make the right decisions for the seniors you care about and for yourself.
Written by an attorney who practiced in estate planning, this book explains how to manage residential, financial and medical matters as well as the legal issues that accompany them. In addition, it addresses how to help seniors cope with the emotions that accompany aging and how to discuss with them the delicate issues that aging brings.
Checklists, tips and evaluation forms are included to help you organize your thoughts and keep track of paperwork. These include tips for talking with doctors, checklists for evaluating the quality of care provided by nursing homes and other residential options and tips on how to handle appeals for Medicare or Medicaid.
This reference also provides extensive appendices that contain organizations, contact information, specific books and websites that refer you to even more helpful information and support.
This book will guide you in:
--Arranging wills, living wills, powers of attorney and estate planning
--Evaluating and selecting assisted living residences, continuing care retirement communities, nursing homes and other options
--Considering long-term care
insurance, Medigap coverage
and reverse mortgages
--Determining the level of care required
--Managing a senior's finances
--Working with other family
members to coordinate care
--Balancing your life as a caregiver
--Obtaining hospice care
Sometimes judges' views about love, sex, and marriage emerge from their presentation of the facts of cases. Among the recurring elements are abortions forced by men, compensated dating, late-life divorces, termination fees to end affairs, sexless couples, Valentine's Day heartbreak, "soapland" bath-brothels, and home-wrecking hostesses.
Sometimes the judges' analysis, decisions, and commentary are as revealing as the facts. Sex in the cases is a choice among private "normal" sex, which is male-dominated, conservative, dispassionate, or nonexistent; commercial sex, which caters to every fetish but is said to lead to rape, murder, and general social depravity; and a hybrid of the two, which commodifies private sexual relationships. Marriage is contractual; judges express the ideal of love in marriage and proclaim its importance, but virtually no one in the court cases achieves it. Love usually appears as a tragic, overwhelming emotion associated with jealousy, suffering, heartache, and death.
The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear--all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
The evidence turns up some surprising facts about the complexities of intimate abuse, facts that run against mainstream assumptions: The current system robs battered women of what power they do hold. Perhaps as many as half of women in abusive relationships stay in them for strong cultural, economic, religious, or emotional reasons. Jailing their partners often makes their situations worse. Women are at least as physically violent and emotionally aggressive as are men toward women, and women's aggression is often central to the dynamic of intimate abuse.
Informed by compelling evidence, personal experience, and what abused women themselves say about their needs, Mills proposes no less than a fundamentally new system. Addressing the real dynamics of intimate abuse and incorporating proven methods of restorative justice, Mills's approach focuses on healing and transformation rather than shame or punishment. Already the subject of heated controversy, Insult to Injury offers a desperately needed and powerful means for using what we know to reduce violence in our homes.
When Happily Ever After Ends shows you how to regain control. It empowers you to look at yourself and your situation, and find a way through this time that will leave you financially sound and legally protected. By gaining an understanding of the three universal laws of every divorce, you can walk through this process with your head held high and dignity intact, and emerge a strong and healthy person.
With When Happily Ever After Ends, you can-
- Master the seven principles of negotiation
- Craft a settlement that gets you what you want
- Navigate through the litigation process knowledgeably-not in fear
- Create a financial plan that you can live with
- Learn better ways to cope when dealing with an ex
There is no magical fix and you can't bury your head in the sand. However, there is a clear path with a true end in sight, and the knowledge this book provides can make you BE THE PERSON YOU WANT TO BE.
Contents: 1. Divorce; 2. Children; 3. Child maintenance; 4. Finances and property; 5. Domestic violence; 6. Mediation; 7. Costs and legal aid; 8. Final thoughts; Appendix 1 - Example Documents; Appendix 2 - Useful Addresses and Websites; Appendix 3 - Glossary; Appendix 4 - List of Divorce County Courts; Index.
Divorce can be emotionally devastating at any time, but the emotional and financial challenges are even greater for people who divorce later in life and can face complicated issues of blended families, health care concerns, and retirement planning.
Attorney Janice Green brings 30-plus years of experience as a divorce lawyer, and in particular her experience counseling clients over 50, to Divorce After 50. She addresses: • Divorce options (including mediation and collaborative divorce)
• How to receive the best guidance from lawyers and professional advisers
• Dividing marital property fairly
• Retirement plan rules
• Spousal support (alimony)
• How divorce affects estate planning
• Keeping good health care (updated to include new rules under the Affordable Care Act) The book also includes divorce survival stories that illustrate your options and provide encouragement. They got through it, and with the help of Divorce After 50, you can, too.
Learn how to:
--File an Uncontested or Contested Divorce
--Protect Your Assets, Yourself and Your Children
--Save Money when Working with a Lawyer
--Negotiate Child Support and Visitation Agreements
Ready-to-Go forms with Step-by-Step Instructions, essential documents you need to:
--End the Marriage and Start Fresh
--Resolve Property Disputes
--Calculate Child Support
--Develop a Visitation Schedule
--And much more . . .
"Their legal survival guides are dynamite and very readable."
-Small Business Opportunities
"Explaining the way the law works."
"Sphinx [legal guides] are staples of legal how-to collections."
"Takes you step-by-step through the process of divorce."
This book presents an attempt to understand these developments. Bringing together leading international commentators it provides a careful, critical and comparative analysis of the work of fathers' rights activists, the role law has played in their campaigning, their legal strategies, their success (or otherwise) in achieving legal reform, similarities and divergences with the women's movement, and the relationship between fathers' rights movements and the societies that frame them.
In addition to Collier and Sheldon, contributors include: Susan B Boyd (University of British Columbia, Canada), Jocelyn Crowley (Rutgers University, USA), Maria Eriksson (Goteborg University, Sweden), Keith Pringle (Aalborg University, Denmark), Helen Rhoades (Melbourne University, Australia), and Carol Smart (Manchester University, UK).
From the BESTSELLING Law Express revision series.
Law Express Question and Answer: Family Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.
The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include examiners, barristers and lecturers who have brought their expertise and knowledge to the series to make it user-friendly and accessible.
Key features include: user-friendly layout and style; diagrams, charts and tables to illustrate key points; summary charts at a basic level, followed by more detailed explanations, to aid revision at every level, pocket sized and easily portable; highly-regarded authors.
"How to Get the Most Out of Your Divorce Financially" is an invaluable source of information for anyone going through the overwhelming divorce process. The book explains, in simple language: details of the law dealing with the sharing of assetshow to justify a higher value for your spouse's assets, and a lower value for your ownhow to reduce the costs that you will incur in the processhow to choose a lawyer or mediatorhow to identify little-known assetshow to make sure that you get your share of your spouse's Canada Pension Plan payments
And many more aspects of divorce that are often overlooked.
Each year 500,000 men will face divorce, and most of them make at least one crucial—and often irreversible—mistake. These errors might seem minor, such as moving out while things get sorted out, or thinking of “temporary” orders as being truly temporary. But when they get to court, these men discover they have put themselves in a terrible position. They may have to give up their house, pay impossibly high alimony, or even lose custody.
You could be one of these men.
But you don’t have to be.
Joseph Cordell, the founder of the nation’s largest law firm focusing on men’s divorce and the creator of DadsDivorce.com, has seen the consequences of the mistakes men make. Drawing upon the huge number of cases that Cordell & Cordell has handled, this book identifies the 10 most common mistakes that end up hurting men in divorce. Cordell demystifies the divorce process, explains what judges consider in making their final decisions, and lays out a road map for positive actions men can take to achieve the best possible outcome.
No man should face divorce without this book.
How many are you willing to take?
Is there ever a good reason to lie to your lover?
Are you involved with a married man or woman and he or she still hasn't left the spouse?
Does your gut tell you that something doesn't seem quite right in your relationship?
Are you accused of lying when you don't?
Are you being accused of cheating when you haven't cheated?
There are many reasons why people lie and many reasons why people let lies slip.
How many lies are you willing to listen to before you call it quits?
As Nancy E. Dowd argues in this bold and original book, the justifications for stigmatizing single-parent families are founded largely on myths, myths used to rationalize harshly punitive social policies. Children, in increasing numbers, bear the brunt of those policies. In this generation, more than two-thirds of all children will spend some time in a single-parent family before reaching age 18. The damage done in the name of justified stigma, therefore, harms a great many children.
Dowd details the primary justifications for stigmatizing single-parent families, marshalling an impressive array of resources about single parents that portray a very different picture of these families. She describes them in all their forms, with particular attention to the differential treatment given never-married and divorced single parents, and to the impact of gender, race, and class. Emphasizing that all families face significant conflicts between work and family responsibilities, Dowd argues many two-parent families, in fact, function as single-parent caregiving households. The success or failure of families, she contends, has little to do with form. Many of the problems faced by single-parent families mirror problems faced by all families.
Illustrating the harmful impact of current laws concerning divorce, welfare, and employment, Dowd makes a powerful case for centering policy around the welfare and equality of all children. A thought-provoking examination of the stereotypes, realities and possibilities of single-parent families, In Defense of Single-Parent Families asks us to consider the true purpose or goal of a family.
It:examines the concepts of philanthropy, inclusion, alienation and justice considers the competing claims of philanthropy, legal rights and politics as appropriate methods of pursuing social justice explains how weaknesses in charity law obstructs philanthropic intervention makes recommendations for changes to the legal framework governing philanthropy.
O’Halloran argues that our common charity law heritage must be updated and co-ordinated to be capable of addressing social inclusion in the twenty-first century.
This book is of interest to academics and students working and sudying in the areas of social policy, sociology and law, as well as professionals in community and voluntary work.
Macklin's hypoethical tale centers on Bonnie and Larry, an infertile couple longing for a child. As the couple's quest to become parents begins, they discover that Bonnie is physically incapable of carrying a pregnancy to term. Desperate to explore their options, Bonnie and Larry attempt adoption but are rejected by the agency without explanation. Finally, they contemplate surrogacy as their last chance to have a child. Seeking advice and answers, they consult health professionals, lawyers, pastoral counselors, and a bioethicist. In the course of this complicated and often painful decision-making process, they attend meetings of a government task force on reproduction where they hear both radical and liberal feminist positions.
Their experiences with friends, family members, two surrogates, hospital ethics committees, and special interest groups underscore the difficulty of coming to a consensus on such issues as AIDS, the right to privacy, premenstrual syndrome, the violation of surrogate contracts, and the responsibilities of therapists and physicians to their patients and to the community at large.
The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policy-makers in recent years. Featuring contributions from a range of renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries.
The book addresses a range of issues including:
the role of the state in supporting families and protecting the vulnerable
children’s rights and parental authority
sexual orientation and gender in family law
the status of marriage and other forms of adult relationships
divorce and separation and their consequences
the relationship between civil law and the law of minority groups
movement of family members between jurisdictions
This advanced level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policy makers in the field.
This is a measured yet unsparing appraisal which interleaves individual cases with compelling legal and moral argument. Hirst takes us deep into the workings of the Court and the domestic apocalypses it sees every day.
He explores the Court's fervour to uphold the best interests of the child no matter what and traces its chilling consequence: a court where malicious allegations regularly go unpunished. He notes the Court's enormous power over individual lives, as well as its self-proclaimed status as a 'caring court', and wonders at its ability to overlook the defiance of its own authority. In closing, he considers how to reform an institution that has bred antagonism and extremism and too often entrenched paranoia and despair. Lucid and urgent, 'Kangaroo Court' is a cautionary tale about the perils of high-mindedness when it comes to dealing with the breakdown of families.
"When Family Court judges talk piously of the 'caring court', I wish they could hear the roar of pain that their piety has caused." —John Hirst, 'Kangaroo Court'
Setting health policy in both an historical and modern context (post 1997) Carrier and Kendall weigh up the successes and failures of the National Health Service and examine the conflicts which have continued for over sixty years, in spite of efforts to solve financial problems in the NHS through increases in funding as well as structural and organisational change.
After looking at recent responses to supposed failures of the NHS, they conclude that the NHS has successfully faced the challenges before it and is likely to continue to meet the changing health needs of the population. Financial stresses, concerns about the quality of care and demographic change, with consequent issues for the elderly and the chronically ill, continue to be urgent and politically contentious issues.
This book is appropriate for a wide range of undergraduate and postgraduate students studying health policy and the NHS.
Contributors to this multidisciplinary volume represent the leading perspectives in public health, law and criminal justice, psychology, and sociology. They provide new and sophisticated insights regarding the etiology of the multiple forms of family abuse and they suggest innovative strategies for mitigating the anguish resulting from physical and emotional violence against adults and children within households.
The results of this research will be of interest to students and practitioners in sociology, public health, psychology and family studies, and to clinicians and therapists who treat victims or offenders.