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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 ...
Best practices: New Texas law mandates audiovisual recordings of child custody interviews
(ALM, 2023-08-16)
Lawyers who handle cases involving custody disputes should be aware of a new law that impacts how child custody evaluations are to be conducted. Currently, Texas Family Code Section 107 establishes certain criteria in order ...
Articulating the nuances of defendants’ right to self-representation in a criminal trial
(ALM, 2023-08-07)
What remedy is available for being subjected to violation of the double-jeopardy rule? The appellate court considers the most serious offense, and retains the conviction for the most serious offense, i.e., the offense for ...
Turbocharge your legal practice with AI
(ALM, 2023-08-17)
Let’s get right to the point. Many lawyers could benefit from using AI in their legal practice. Here’s how: (From Introduction).
Should a victim of domestic violence be entitled to a leave of absence from work?
(ALM, 2023-08-29)
Domestic violence is a traumatic experience that can affect the victim’s ability to work, causing a decline in performance. If a state has a paid sick leave law, the victim may be able to use sick leave to handle issues ...