Legal Issues in Special Education provides teachers and school administrators with a clearly written, well-organized, and understandable guide from the perspective of the practitioner without formal legal training. Even though over 50 percent of students with disabilities are now educated in general education classes, most teachers are not required to complete coursework in special education law and can unwittingly expose themselves and their schools to liability for violating the rights of students with disabilities. This practitioner's guide explicitly addresses the major issues and legal complexities educators inevitably face when dealing with special education legal and policy issues. Using case-based learning to synthesize important legal concepts and principles from leading special education legal cases, this text guides educators, administrators, and parents alike toward a thorough understanding of, and the ability to navigate, many of the current and pressing legal concerns in special education.

Migration, Family and the Welfare State explores understandings and practices of integration in the Scandinavian welfare societies of Denmark, Norway and Sweden through a comprehensive range of detailed ethnographic studies. Chapters examine discourses, policies and programs of integration in the three receiving societies, studying how these are experienced by migrant and refugee families as they seek to realize the hopes and ambitions for a better life that led them to leave their country of origin. The three Scandinavian countries have had parallel histories as welfare societies receiving increasing numbers of migrants and refugees after World War II, and yet they have reacted in dissimilar ways to the presence of foreigners, with Denmark developing tough immigration policies and nationalist integration requirements, Sweden asserting itself as a relatively open country with an official multicultural policy, and Norway taking a middle position. The book analyses the impact of these differences and similarities on immigrants, refugees and their descendants across three intersecting themes: integration as a welfare state project; integration as political discourse and practice; and integration as immigrants and refugees quest for improvement and belonging.

This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

This book is a philosophically-oriented introduction to bioethics. It offers the reader an overview of key debates in bioethics relevant to various areas including; organ retrieval, stem cell research, justice in healthcare and issues in environmental ethics, including issues surrounding food and agriculture. The book also seeks to go beyond simply describing the issues in order to provide the reader with the methodological and theoretical tools for a more comprehensive understanding of current bioethical debates. The aim of the book is to present bioethics as an interdisciplinary field, to explore its close relation to other disciplines (such as law, life sciences, theology and philosophy), and to discuss the conditions under which bioethics can serve as an academically legitimate discipline that is at the same time relevant to society. As a systematic and methodologically rigorous overview, Bioethics: Methods, Theories and Principles will be of particular interest to academics and students in the disciplines of Law, Medicine, Ethics and Philosophy. 'This is a book that embraces neither a single ethical theory nor a pragmatic melange of just-so-principles. It is a thoughtful and engaging analysis of diverse theoretical foundations in Bioethics. It is also an enormous step towards conceptual and philosophical clarity in this fascinating area.' - Professor Christian Illies, Chair for Practical Philosophy at the Otto-Friedrich University Bamberg, Germany

The UN Global Study on Children Deprived of Liberty detailed many children's poor experiences in detention, highlighting the urgent need for reform. Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland's experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children's rights can be implemented in detention. This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.

The Principles of European Family Law drafted by the Commission on European Family Law (CEFL) contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participiation in acquisitions and the community of acquistions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common Chapters on the General Rights and Duties of Spouses and on Marital Property Agreements which are to be applied regardless of which of the regimes applies.

What should we do with teenagers who commit crimes? Are they children whose offenses are the result of immaturity and circumstances, or are they in fact criminals? "Adult time for adult crime" has been the justice system's mantra for the last twenty years. But locking up so many young people puts a strain on state budgets-and ironically, the evidence suggests it ultimately increases crime. In this bold book, two leading scholars in law and adolescent development offer a comprehensive and pragmatic way forward. They argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults. Elizabeth Scott and Laurence Steinberg outline a new developmental model of juvenile justice that recognizes adolescents' immaturity but also holds them accountable. Developmentally based laws and policies would make it possible for young people who have committed crimes to grow into responsible adults, rather than career criminals, and would lighten the present burden on the legal and prison systems. In the end, this model would better serve the interests of justice, and it would also be less wasteful of money and lives than the harsh and ineffective policies of the last generation.

International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions. The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice. From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom 'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development...a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'

At the height of the opiate epidemic, Tennessee lawmakers made it a crime for a pregnant woman to transmit narcotics to a fetus. They promised that charging new mothers with this crime would help them receive the treatment and support they often desperately need. In Prosecuting Poverty, Criminalizing Care, Wendy Bach describes the law's actual effect through meticulous examination of the cases of 120 women who were prosecuted for this crime. Drawing on quantitative and qualitative data, Bach demonstrates that both prosecuting 'fetal assault', and institutionalizing the all-too-common idea that criminalization is a road to care, lead at best to clinically dangerous and corrupt treatment, and at worst, and far more often, to an insidious smokescreen obscuring harsh punishment. Urgent, instructive, and humane, this retelling demands we stop criminalizing care and instead move towards robust and respectful systems that meet the real needs of families in poor communities.

At the height of the opiate epidemic, Tennessee lawmakers made it a crime for a pregnant woman to transmit narcotics to a fetus. They promised that charging new mothers with this crime would help them receive the treatment and support they often desperately need. In Prosecuting Poverty, Criminalizing Care, Wendy Bach describes the law's actual effect through meticulous examination of the cases of 120 women who were prosecuted for this crime. Drawing on quantitative and qualitative data, Bach demonstrates that both prosecuting 'fetal assault', and institutionalizing the all-too-common idea that criminalization is a road to care, lead at best to clinically dangerous and corrupt treatment, and at worst, and far more often, to an insidious smokescreen obscuring harsh punishment. Urgent, instructive, and humane, this retelling demands we stop criminalizing care and instead move towards robust and respectful systems that meet the real needs of families in poor communities.

Child Custody and Domestic Violence: A Call for Safety and Accountability focuses on the complexity of the challenges facing judges, lawyers, legislators, and mental health professionals in developing safe and effective strategies for resolving custody disputes. Jaffe, Lemon, and Poisson integrate the most recent clinical and legal issues in the field in considering the prevalence of divorce and domestic violence as well as the relevance of domestic violence in custody disputes. The authors outline the essential differences between custody disputes with and without allegations and findings of domestic violence, and the different analysis and distinct interventions by judges, policymakers, and mental health professionals necessary in domestic violence cases.

Legal and mental health professionals who provide services to divorcing parents will find this a much-needed reference, as will anyone whose life has been affected by child custody disputes and domestic violence.

An intriguing insight into the politics of gender, family and religion in Elizabethan England. The marriage of Charles and Elizabeth Forth (c. 1582-1593) offers an intriguing insight into the politics of gender, family and religion in Elizabethan England. In this story, resourceful women play leading roles, sometimes circumventing or subverting patriarchal authority, qualifying our accepted image of the Elizabethan propertied family. Elizabeth's impoverished Catholic father took no part in making her marriage. Instead, Elizabeth and her mother seemingly enticed Charles, sixteen-year-old heir of a solidly Protestant Suffolk JP, into a clandestine match. When the marriage began to fail, Elizabeth turned to her mother and sisters as her principal sources of support and showed greater guile, determination and resilience than her husband in what became a protracted contest. Charles, convinced of his wife's infidelity, finally left England to travel as a voluntary exile, only to die abroad. Elizabeth and her kinsman Henry Jerningham emerged as victors in subsequent prolonged litigation with Charles's father. Drawing on extensive testimony and decrees in the most fully recorded case of its kind heard by the Court of Requests, as well as a wide range of other material from local record offices and the National Archives, this readable micro-history unravels the tangled story of two very different young people. It establishes the background of the marriage and its failure in the contrasting histories of the families involved and sets the story in its larger political and religious contexts. Anyone with an interest in Elizabethan politics, law and religion, or the family, women and gender, will find it fascinating. RALPH HOULBROOKE is Professor Emeritus at the University of Reading.

Over the past decade, the European Union and national policy-makers alike have paid more attention to childhood poverty and children's rights. Whether this has led to better policies, and whether these policies have in turn resulted in less childhood poverty and more human dignity, remains debatable. Children's rights may provide some common ground for the different perspectives on the causes of poverty. They also introduce specific process requirements, in particular the participation of the poor. At the same time, children's rights may gain from an encounter with child poverty studies, not least in grasping the complexity of child poverty and in making a realistic assessment of their own potential for addressing child poverty. This book introduces several approaches in the field of child poverty and children's rights studies, and identifies intersections between different theoretical approaches from both domains. It is a collaborative project of Centrum OASeS and the UNICEF Chair in Children's Rights, both located at the University of Antwerp. The Chair, established in 2007, acts as a knowledge broker of children's rights within the academic community and between the academic community and policy and practice, through teaching, research, and service to the community. The research topics of the Centrum OASeS include poverty and other forms of social exclusion, ethnic minorities, urban policy, social economy and supported employment, and social networks.

*Presents a user-friendly wealth of useable, practical, and viable malpractice solutions *Explains in-depth advice on avoiding malpractice claims and their negative consequences for doctors in every field *Offers a valuable resource of precise and practical strategies to prepare for depositions, court testimony, and a doctor's defense in the event of litigation

This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

The last few decades have witnessed dramatic changes affecting the institutions of family and parenthood. If, in the past, the classic family was defined sociologically as a pair of heterosexual parents living together under one roof along with their children, different sociological changes have led to a rapid and extreme transformation in the definitions of family, marital relations, parenthood, and the relationship between parents and children. Dr Yehezkel Margalit explores whether and to what extent there is room, legally and ethically, for the use of modern contractual devices and doctrines to privately regulate the establishment of legal parentage. This book offers intentional parenthood as the most appropriate and flexible normative doctrine for resolving the dilemmas which have surfaced in the field of determining legal parentage. By using the certainty of contract law, determining the legal status of parenthood will be seen as the best method to sort out ambiguities and assure both parental and children rights.

The Family, Law and Society series brings together, in a five volume collection, the most significant articles and papers in key aspects of family law from an international perspective. Over the past two decades virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage and the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. Inter-disciplinary in its approach, this series not only draws together key law texts, but also scholarly articles from the fields of sociology, social administration, politics, and psychology. Taken together, these five volumes provide an invaluable resource to students and scholars around the world interested in all aspects of family law.

Human rights tend to focus on the relationship between the individual and the state the individual is the rights-holder, the state is the duty-holder. Children's rights bring a third player much more into the picture, namely the parents. Although, legally speaking, they are not duty-holders under the UN Convention on the Rights of the Child, parents do have a number of responsibilities under the Convention on the Rights of the Child and other human rights instruments. Child rearing may still be considered by many to be within the private domain, i.e. a matter of concern only within the relationship between children and their parents, with the exception of instances of child abuse or neglect. However, States may be obligated to turn parental responsibilities into national legal duties if this is needed to improve the legal and social position of children. In this volume, child-rearing responsibilities are examined in the light of children's rights and other human rights. All the contributions focus in particular on the proposal to introduce an upbringing (or parenting) pledge. The upbringing pledge contains not only a statement of lasting commitment towards the child, but also an explicit declaration of commitment to respect and promote the rights of the child both as a person and as a human being who is utterly dependent upon parents for wellbeing and the development of his or her personality. By means of the upbringing pledge as a child rights-based social institution, the responsibilities of society and the state towards both parents and children are re-affirmed as well.

Topical and compelling, this volume provides an excellent re-evaluation of the 'best interests' test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children.

Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications.

It includes discussions on:

• the extent to which a child's body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change
• the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions
• the response to situations where the interests of children may be in conflict - the cases of conjoined twins or the donation of organs to siblings.

This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine.

Michelson's analysis of almost 150,000 divorce trials reveals routine and egregious violations of China's own laws upholding the freedom of divorce, gender equality, and the protection of women's physical security. Using 'big data' computational techniques to scrutinize cases covering 2009-2016 from all 252 basic-level courts in two Chinese provinces, Henan and Zhejiang, Michelson reveals that women have borne the brunt of a dramatic intensification since the mid-2000s of a decades-long practice of denying divorce requests. This book takes the reader upstream to the institutional sources of China's clampdown on divorce and downstream to its devastating and highly gendered human toll, showing how judges in an overburdened court system clear their oppressive dockets at the expense of women's lawful rights and interests. This book is a must-read for anyone interested in Chinese courts, judicial decision-making, family law, gender violence, and the limits and possibilities of the globalization of law.This title is also available as Open Access on Cambridge Core.

On November 20, 1989, the United Nations unanimously adopted the Convention on the Rights of the Child. Therefore, November 20 has become a date which signals the recognition by the international community that children have developmental and autonomy rights as essential benchmarks for children themselves and for those responsible for their well-being and healthy development. However, as long as society, through international cooperation, lacks serious investment in child development, the rights of all children especially the rights of young children and children living in exceptionally difficult conditions are soft rights only. The emancipation of the young child and the rehabilitation and emancipation of those who are deprived, exploited, abused, and neglected remain in a legal shadowland. This book explores this legal shadowland, introducing the concepts of the 'Trias pedagogica' and 'Transism, ' in order to shed light on the obligations and responsibilities of states and other actors in the empowerment of children, caregivers, and communities.

Learn what to do when allegations of child sexual abuse become part of the child custody process Child Custody Litigation: Allegations of Child Sexual Abuse is an invaluable resource for forensic mental health professionals involved with conducting custody evaluations in family court proceedings. Each of the book's five chapters reviews an important component of the evaluation process when allegations of child sexual abuse have been made, moving beyond the description of each parent's psychological functioning and parenting capacity, the identity and needs of the child, and the parent's ability to meet those needs. The book's contributors examine the organizational structure of a child custody evaluation, the meanings of sexual behaviors demonstrated by children, descriptions of sex offenders assessment instruments, the usefulness of Rorschach examinations, and observations from presiding judges. Child Custody Litigation: Allegations of Child Sexual Abuse is one of the few resources to tackle this difficult forensic area. This unique book examines the myths concerning the occurrence of child sexual abuse (CSA) and victim characteristics, the basic principles of a sex offender evaluation, and the ways evaluators craft their evaluations and testimony to assist the Court. Contributors also look at the relationship of sexual behavior to sexual abuse, domestic violence, physical abuse, family sexuality, behavior problems, reporter characteristics, and age and gender of the child. Topics covered in Child Custody Litigation: Allegations of Child Sexual Abuse include: macro-interview structures for the child interview psychological evaluation and testimony the Court's expectations within the order for evaluation a model order for custody evaluations exploring CSA statistics a forensic evaluation model data collection, interpretation, and communication of results and much more Child Custody Litigation: Allegations of Child Sexual Abuse is essential as a professional aid in conducting and analyzing child custody evaluations in family court proceedings.

Learn what to do when allegations of child sexual abuse become part of the child custody process Child Custody Litigation: Allegations of Child Sexual Abuse is an invaluable resource for forensic mental health professionals involved with conducting custody evaluations in family court proceedings. Each of the book's five chapters reviews an important component of the evaluation process when allegations of child sexual abuse have been made, moving beyond the description of each parent's psychological functioning and parenting capacity, the identity and needs of the child, and the parent's ability to meet those needs. The book's contributors examine the organizational structure of a child custody evaluation, the meanings of sexual behaviors demonstrated by children, descriptions of sex offenders assessment instruments, the usefulness of Rorschach examinations, and observations from presiding judges. Child Custody Litigation: Allegations of Child Sexual Abuse is one of the few resources to tackle this difficult forensic area. This unique book examines the myths concerning the occurrence of child sexual abuse (CSA) and victim characteristics, the basic principles of a sex offender evaluation, and the ways evaluators craft their evaluations and testimony to assist the Court. Contributors also look at the relationship of sexual behavior to sexual abuse, domestic violence, physical abuse, family sexuality, behavior problems, reporter characteristics, and age and gender of the child. Topics covered in Child Custody Litigation: Allegations of Child Sexual Abuse include: macro-interview structures for the child interview psychological evaluation and testimony the Court's expectations within the order for evaluation a model order for custody evaluations exploring CSA statistics a forensic evaluation model data collection, interpretation, and communication of results and much more Child Custody Litigation: Allegations of Child Sexual Abuse is essential as a professional aid in conducting and analyzing child custody evaluations in family court proceedings.

This collection canvasses the growing literature on international family law, extending from the traditional private law governing cross-border families, to multi-lateral treaties on subjects such as child abduction and intercountry adoption, to the framework of international human rights law that shapes domestic and international family law systems. Volume I explores the internationalization of family law and considers adult relationships, whilst Volume II examines parent-child relationships. All of the articles are tied together in the Editor's introductory essay, which provides a useful and insightful overview. Edited by a leading authority in the field, this collection will prove to be an invaluable and essential research tool for all international family law academics, researchers and practitioners.

This book examines the use of violence by children and young people in family settings and proposes specialised and age-appropriate responses to these children and young people It interrogates the adequacy and effectiveness of current service and justice system responses, including analysis of police, court and specialist service responses. It proposes new approaches to children and young people who use violence that are evidence based, non-punitive, and informed by an understanding of the complexity of needs and the importance of age appropriate service responses. Bringing together a range of Australian and International experts, it sheds new light on questions such as: How can we best understand and respond to the use of family violence by young people? To what extent do traditional family violence responses address the experiences of adolescents who use violence in family settings? What barriers to help seeking exist for parental and sibling victims of adolescent family violence? To what degree do existing support and justice services provide adequate responses to those using adolescent family violence and their families? In what circumstances do children kill their biological and adopted parents? The explicit focus on child and adolescent family violence produces new knowledge in the area of family violence, which will be of relevance to academics, policy makers and family violence practitioners in Australia and internationally.

Are pregnant women entitled to the same rights of self-determination and bodily integrity as other adults? This is the fundamental question underlying recent high-profile legal interventions in situations when pregnant women and healthcare staff do not agree on management options or appropriate behaviour. Courts on both sides of the Atlantic have sometimes answered that they are not, and the law has at times been manipulated to enforce compliance with medical recommendations. This is the first book of its kind to offer a comprehensive assessment of healthcare law as applied to the unique situation of pregnancy. Drawing on case material from both the UK and the USA, it describes the trend towards 'policing pregnancy' and explores the emergence of the concept of 'maternal-foetal conflict' - and why, in the author's view, this would be more appropriately labelled 'obstetric conflict'. Suggestions are made for alternative approaches that better safeguard the overall well-being of pregnant women and their future children.