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Relatives rights to care for children
Carolyn A. Kubitschek and Darius Charney
When children are removed from their homes because their parents cannot or will not care for them, other relatives are often willing to step into the breach. But what seems a simple and natural solution to a difficult problem is often anything but. When a potential client wants to know whether he or she can take in a relatives child, make sure you are prepared to talk about all the legal advantages and disadvantages of kinship foster care and legal custody.
The ethics of representing the incapacitated
Rhonda Hill Wilson
Before you start working with an incapacitated client, ask yourself: Is your client competent to make legal decisions? Are you acting on the clients behalfor his or her familys? And what other conflicts of interest lie in wait? In considering these issues, let ethical codesspecifically, the ABA Model Rules of Professional Conductbe your guide through this tricky territory.
Autonomy and end-of-life decision-making
Ray D. Madoff
Many people say they know whether their loved ones would choose to be kept alive through extraordinary means or be allowed to die naturally. But the question of autonomy when a person is near the end of life is complex, and easy choices are rarely at handas the author learned when her own family had to face her ailing fathers end-of-life decisions.
When a parent steals a child away
Carole S. Gailor and Cathy C. Hunt
Books and television shows have highlighted the plight of parents whose foreign-born spouses spirit their children away, often to a country whose customs and laws are a mystery. The number of such cases is growingand the trend is likely to continue. Learn how international law enforcement and child-abduction laws can help parents who face this frightening situation.
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Features
Win the battle for access to e-data
Marian K. Riedy and Suman Beros
The rules for discovery of electronic data have changedand so should your tactics. Under amendments to the Federal Rules of Civil Procedure, effective this month, defendants likely will try to brand data as not readily accessible to avoid producing it. With a creative approach and some technological know-how, you can counter this claim and turn up the information you seek.
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News & Trends
Courts stamp out industry claims about
light cigarettes
Florida high court says med-mal fee limits
impede right to counsel
Federal judge allows obesity lawsuit alleging
deceptive ads
Ambien users sound alarm over sleepwalking
risks
Guest worker litigation gains ground
Judge rejects secrecy in med-mal settlement
involving public funds
Departments
Presidents page
Victoryand the work ahead
Supreme Court review
Mixed messages on the exclusionary rule
Tech brief
The less-paper office
ATLA Endowment: Donor profiles
Hearsay
ATLA in motion
Proposed evidence rule changes would thwart
state law, ethics
TRIAL to
accept law firm advertising
ATLAs message hits the airwaves
as staff hits the road
Straight talk about frivolous
lawsuits
Overcome insurer bad faith with Exchange
litigation packets
Schwarzenegger vetoes measure to reimburse
attorney generals office
Favorite trial advocacy course is back
Books
Soldier Slaves: Abandoned by the
White House, Courts, and Congress by James W. Parkinson
and Lee Benson
Sorcerers Apprentices: 100
Years of Law Clerks at the United States Supreme Court by
Artemus Ward and David L. Weiden
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