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Now showing items 1-10 of 21
A state is being sued for warehousing children with disabilities in foster care
(ALM, 2023-02-13)
Some PTRFs arguably take children who have already been traumatized and traumatize them further, by preventing them from interacting with peers outside of the system, by forcing them into on-campus schools, by failing to ...
Does a partition agreement present a justiciable controversy?
(ALM, 2023-02-06)
In Texas, where property accrued during marriage is presumptively
community property, couples have the right to engage in contracts prior
to marriage to change the character of their property. Moreover, spouses may ...
Are Fourth Amendment rights sufficiently protected whenCPS and DV cases are held virtually?
(ALM, 2023-03-07)
Many court hearings are now virtual. This means that some or all of the
litigants and witnesses participate by video. Are virtual hearings compromising the Fourth Amendment rights of domestic violence
victims/survivors ...
Narcissism or not narcissism? That is the legal question
(American Bar Association, Section of Litigation, 2023-05-09)
Narcissists do not just feel overly confident they will win in a custody hearing; they feel entitled to win. To counter a narcissist's divorce strategy, it is imperative to have a clear picture of who the narcissist is and ...
Is service of process via social media expanding?
(ALM, 2023-04-05)
When faced with an elusive litigant, service of process can be quite complicated. Times are changing, as reflected by the U.S. Bankruptcy Court for the Southern District of New York’s recent decision, In Re Three Arrows ...
Incest inevitably involves sexual grooming: Implications for attorneys
(ALM, 2023-01)
A recent Connecticut case, State v. Hector M., (Superior Court of Connecticut, Judicial District of Waterbury, Decided November 25, 2022, Filed UWY-CR10-0390108-T), demonstrates the rare but graphic and insidious nature ...
Contrast in bills pending before the 88th Texas legislative session
(ALM, 2023-04-03)
In 2021, we wrote an article addressing new Texas legislation that every lawyer should know about. We are tracking pending legislation, and hope to provide an
update in Summer, 2023.In the interim, here in Texas, State ...
Evaluating the evaluator: Implicit bias in determining parental judgment
(ALM, 2023-05-31)
Forensic psychologists are called upon to make recommendations to courts about the fitness of parents. Their evaluations can take place in the context of adoptions, custody disputes, and cases involving termination of ...
Making the intangible tangible: Collecting damages for pain and suffering
(ALM, 2023-06-08)
The image that a sexual predator is a stranger trying to entice a small child is so outdated. Today, we know that sexual predators can be anyone—blood relatives, clergy, doctors, coaches, and, yes, teachers. As authority ...
How does polyvagal theory impact family law matters?
(ALM, 2023-06-06)
Polyvagal theory was developed by Stephen Porges, Ph.D. to describe our “flight or fight” response to stressful situations. When faced with trauma, some individuals react with anger, anxiousness, or shame. Some retreat. ...