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Should Forensic Psychologists Make Custody Recommendations?
Forensic psychological assessments are often pivotal documents that can have a dramatic effect on the trajectory of a contested custody dispute and, ultimately, on the path a particular child's life will take post disposition. These documents are often eagerly awaited because of their potential value in providing leverage for one side over the other and for their capacity to settle cases – qualities derived from the frequent presence of a specific custodial recommendation in the report. Clients arrive at the clinician's office often feeling as if their lives are in the hands of the court-appointed expert. Forensic reports arrive in court as documents that represent the application of a behavioral “science” and there is therefore a common expectation that the recommendations will be weighted heavily because they will go beyond common public knowledge or subjective value choices. It is the recommendations section that is often read first by the consumers of the report because of its perceived impact.
Those who argue that it is appropriate for psychologists to make specific custody recommendations offer, among others, the following rationales: An important component of a best interests decision is the achievement of a family plan most likely to support a child's emotional health and happiness – and who better to make such an assessment than a doctor skilled at understanding the factors that promote healthy emotional functioning in children? What professional, among those involved with a divorcing family, is better equipped to evaluate a child's emotional and developmental needs? Others state that it is simply unrealistic to assume that judges – professionals primarily trained in matters of law – can competently analyze and weight the various issues related to the best interests of a child, issues that require a capacity to apply psychological knowledge. Judges need our recommendations because psychologists know how to understand children and families in a way that they do not.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.