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January Book of the Month: Representing Children in Dependency and Family Court

Representing ChildrenRepresenting Children in Dependency and Family Court: Beyond the Law
By Rebecca M. Stahl and Philip M. Stahl​
Reviewed by Andrea Woods, Reference Librarian

Representing Children in Dependency and Family Court: Beyond the Law is a thoughtful new book from the ABA that guides legal representatives of children in dependency and family court through the professional and emotional challenges they will encounter. As the subtitle indicates, it takes readers “beyond the law” and delves into the complex psychological issues that children experience prior to and during these proceedings that their lawyers must understand. Authors Rebecca and Philip Stahl begin by examining the unique attributes that a child’s representative must have, noting that they need a fundamental curiosity about their child clients and a willingness to understand their motivations, feelings, and experiences. Only with this deeper level understanding of the child’s perspective can a lawyer adequately inform the judge what decisions the court should make, and the authors emphasize that the judge’s entire comprehension of the child will come from the lawyer’s ability to know and communicate the child’s views. In fact, the authors urge a new interpretation of the lawyer’s role, in which the lawyer uses the concept of an imaginary friend to guide their representation. In this model, the child retains a sense of autonomy and is able to use the lawyer to make sense of the adult world. This is especially relevant for children who are enmeshed in high-conflict situations, in which their parents are likely to put their own needs before their children’s.

The authors’ discussion of psychological issues provides the bulk of the book’s content, and it covers in detail trauma, child development, the impact of domestic violence on children, high-conflict separation and divorce, alienated-resistant children, and special circumstances such as neglect, immigration status, oppositional defiant disorder, and sexual abuse. Readers will benefit from the authors’ expertise with these complicated topics. With a thorough understanding of the ways that psychological issues manifest themselves both emotionally and physically, and what conditions are needed for a child to heal and recover, the lawyer can learn the proper way to communicate with their client and provide the best representation possible. The authors note that trauma-sensitive interviewing requires considerable patience and self-regulation on the part of the lawyer, and an awareness of the child’s reaction so that the representative can help the child client release emotion but also move forward. Again, the authors emphasize how critical it is for a child’s representative to understand why a child behaves in a certain way, rather than to focus on what the problematic behavior is.

The last three chapters of the book are devoted to the personal and professional challenges that a child’s representative will experience directly—ethical issues, bias, and personal impact. The authors acknowledge that the ethical issues are bound to be unique because of the tendency for the child’s representative to be the only legally trained person on the case other than the judge, as more and more litigants in these types of proceedings represent themselves. Furthermore, there is an inherent tension between the best interests of the child model and the child client’s personal autonomy that the lawyer must navigate. The authors’ comprehensive discussion of the types of bias that a child’s representative must grapple with is insightful and recognizes the difficulty of this type of work. They observe that children’s lawyers must be so fully trained in understanding bias that they can also recognize the biases of their own clients, unlike other areas of law practice where this is not necessary. Finally, the authors discuss the emotional and physical toll that representing children in dependency and family cases will have on their lawyers. With an understanding of how legal practice differs from healing professions, and the resulting limitations in terms of what children’s representatives can do that they must accept, the authors provide thoughtful advice on how to avoid compassion fatigue and continue to find reward in representing children. The authors do not suggest that there are easy ways to reconcile these personal and professional issues, but their knowledge and the breadth of their experience in representing children provides ample guidance.

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January Book Drive

Book Drive

Each month we will seek donors to purchase a new title for the Law Library. Here is our Wish List for the month of January. Growing our collection is about so much more than a single book—it is a living demonstration of how the Library expands the public’s access to justice and provides legal practitioners with the tools they need to represent members of our local community. Please see our Donation Guide for more ways to support the Law Library.

Computer Games and Immersive Entertainment

Computer Games and Immersive Entertainment: Next Frontiers in Intellectual Property Law, Second Edition
Written by Chrissie Scelsi and Ross A. Dannenberg, Editors, and Contributing Authors
$89.95, Paperback, 2018
ISBN: 978-1-6342-5118-1

Cal Courts Assn Probate Procedures

Probate Procedures CD (2019)
Written by California Court Association
$50, CD-ROM, 2019

AILA PERM 2019 ed 2

AILA’s Guide to PERM Labor Certification (2019 Ed.)
Written by American Immigration Lawyers Association
$279, Paperback, 2019
ISBN: 978-1-57370-429-8

To donate, please contact sflawlibrary@sfgov.org or call (415) 554-1791.  We appreciate your contribution!


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New LibGuide: Criminal Law

You don’t have to be a criminal defense attorney to be interested in criminal law.  From the early crime pamphlets published by the hundreds starting in the 1500s, to the lurid crime journalism of the Victorian penny press, the public’s appetite for sensational crime stories has been ever-present and insatiable. And thanks to recent and current books, shows, and podcasts, such as I’ll Be Gone in the Dark by Michelle McNamara (about the Golden State Killer) and the multi-season Serial podcast, true crime remains one of the most popular genres across all multimedia platforms.

While knowing all the ins and outs of criminal law isn’t necessary to enjoy the genre, understanding the basic workings of our criminal justice system is essential for an informed member of society. Criminal law covers federal and state laws which make certain behaviors and actions crimes, punishable by either imprisonment or fines. Our newest LibGuide, The San Francisco Law Library Guide to Criminal Law, collects criminal law, criminal procedure, and criminal justice resources available at the library, as well as online and in the Bay Area.

Inside you’ll find links to basic criminal law information, federal, state, and local codes, a list of our criminal law print collection, resources for finding a lawyer or free or low-cost legal services, and much more. This guide is intended for practitioners, students and researchers, and anyone interested in learning how our criminal justice system works (whether stemming from an interest in the true crime genre or not) — from investigation and arrest to conviction and sentencing. As with all of our LibGuides, we will keep this guide updated so be sure to check back in.

So give the gift of knowledge this holiday season by sharing the library’s Criminal Law guide!

 


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December Book of the Month: Corporations Are Not People

Corporations Are Not PeopleCorporations Are Not People: Reclaiming Democracy from Big Money and Global Corporations
By Jeffrey D. Clements
Reviewed by Aaron Parsons, Reference Librarian

In Corporations Are Not People, author and San Francisco Law Library MCLE speaker Jeffrey Clements argues for and enlists readers’ help in passing a Constitutional Amendment to overturn Citizens United. This 2010 Supreme Court decision invalidated or weakened campaign finance laws like McCain-Feingold, and has allowed billions of dollars in corporate funded influence and “attack ads” to drown out average citizens’ voices, ideas, and opinions, in favor of narrow and powerful moneyed interests. This corporate influence, Clements argues, produces an anathema to the democratic protections that were written into our Constitution “of the people, for the people, and by the people.”

Clements discusses similar historical upswings of organized corporatism and traces the current tide as the long-term effect of a push back against environmentalists beginning with the first Earth Day in 1970. The corporate response was an organized attempt to curtail environmental and other regulation, and was led by Lewis Powell—a corporate lawyer and tobacco corporation executive, who would take a new wave of corporate activism onto the U.S. Supreme Court where he wrote corporation-favoring precursor cases to Citizens United, such as First National Bank of Boston v. Bellotti. Under Powell’s influence, corporations “gained vastly increased political power at the expense of average citizens.”

But what is a corporation, and what are corporate rights, asks Clements? He says that, strangely, the definition of a corporation is left vague and described in “word clouds” in Citizens United and other decisions that Justice John Paul Stevens called “glittering generalities.” These generalities allow corporations, as government created entities, to wear sheep’s clothing at the same table that people enjoy, where they are protected by laws, including the Bill of Rights. Clements provides statistics showing the billions spent on lobbying and on saturation advertising in elections by a handful of corporations. He argues that those efforts promote the interests of a few giant corporations at the expense of both conservative and liberal points of view.

Clements offers many resources and avenues to get involved in changing government to work more effectively for the people instead of for a few massive corporations, including his organization, American Promise, that seeks to enact a 28th Amendment to the Constitution and is backed by an increasing number of states, politicians, and Americans from across the political spectrum.

Corporations Are Not People was generously donated to the Library by Mr. Clements.


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December Book Drive

Book Drive

Each month we will seek donors to purchase a new title for the Law Library. Here is our Wish List for the month of December. Growing our collection is about so much more than a single book—it is a living demonstration of how the Library expands the public’s access to justice and provides legal practitioners with the tools they need to represent members of our local community. Please see our Donation Guide for more ways to support the Law Library.

 

SOATL-Prototype-Cover-1

Sexual Orientation, Gender Identities, and the Law: A Research Bibliography 2006-2016
Edited by Dana Neacsu and David Brian Holt
$125, Hardcover, 2018
ISBN: 978-0-8377-4082-9

What%27s It Worth.JPG

What’s It Worth?
Published by Matthew Bender
$396, Softbound, 2018
ISBN:978-1-5221-5796-0

We would welcome a partial contribution toward the purchase of this book!

Blockchain for Business Lawyers

Blockchain for Business Lawyers
Written by James A. Cox and Mark W. Rasmussen
$129.95, Paperback, 2018
ISBN: 978-1-6410-5196-5

To donate, please contact sflawlibrary@sfgov.org or call (415) 554-1791.  We appreciate your contribution!


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Book Review: The Case of Rose Bird

Rose BirdThe Case of Rose Bird: Gender, Politics, and the California Courts
By Kathleen A. Cairns
Reviewed by Richard Schulke, Reference Librarian

The Case of Rose Bird: Gender, Politics, and the California Courts is a timely look at political activism aimed at members of the Judiciary. It recounts the circumstances that led to the removal of Rose Bird as Chief Justice of the California Supreme Court.

This book begins by looking at Rose Bird’s early triumphs during high school and law school, followed by her milestone achievements as the first female law clerk for the Nevada Supreme Court, the first female deputy public defender in Santa Clara County, and the first woman to hold a cabinet position in California.

The book follows Bird’s appointment to the position of Chief Justice of the California Supreme Court in 1977 by a then forty-year-old Governor Jerry Brown—she was both the Court’s first female justice and its first female Chief Justice—and then a series of three attempts to recall her. The attempts ultimately succeeded, and in November of 1986 she was the first Chief Justice of California to be recalled by the voters.

The author examines the then-current politics that made Bird a lightning rod—her liberalism, gender, and the perception that she was soft on crime. The author also takes an in-depth look at Bird’s political opponents and the take-no-prisoner attitude that ultimately resulted in her downfall through political machinations. It is as chilling now as it was then.

The description of Bird’s final years as a broken person battling unsuccessfully against medical issues and early death is a sad ending to her story.

Current events make clear that the issue of “Judicial Politics” is still a hot potato. We recently witnessed both the removal of Judge Aaron Persky following his controversial decision to impose a sentence of only six months for a Stanford student convicted of rape, and the political maneuvering during the confirmation of Justice Brett Kavanaugh to the United States Supreme Court. This fascinating exploration of Rose Bird and the turbulent beginning of judicial politics in California is still just as relevant today.

The Case of Rose Bird was generously donated to the Library by John Kelly.


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November Book of the Month: Tax, Estate, and Financial Planning for the Elderly

Tax, Estate, and Financial Planning for the ElderlyTax, Estate, and Financial Planning for the Elderly
By John J. Regan, Rebecca C. Morgan, David M. English & H. Amos Goodall, Jr.
Reviewed by Ruth Geos, Reference Librarian

In June of this year, Justice Ruth Bader Ginsburg announced that she doesn’t plan to retire for at least another five years, when she will be 90. She is one not defined by her age, but by the force of her being, good health, and personal strength.

For the rest of those who are looking ahead to retirement or facing changes in their way of life, finances, health, and control as they age, no book would be a better start than this one volume. It has no fancy cover, no pictures, and no forms. But it does contain a wealth of information aimed at both individuals looking for answers within the maze of legal and financial issues that arise, and attorneys developing the highly specialized practice of Elder Law with practical techniques and insight into the intertwining of issues and family context. Indeed, the very organization of the book keeps both parts of the practice clearly in sight. Each chapter begins with a short synopsis of the topic, with the kind of basic questions everyone wants to know (such as, how does a ROTH IRA differ from a traditional IRA? See § 2.06), and then expands into a full analysis of the type of asset protection, governmental or private benefit program, along with legal and psychological issues, and citations to statutes, regulations, cases, and other authority for additional research. It is an impressive source for both attorney and client.

Individual chapters address the major areas of law and top areas of concern: Social Security Benefits; Veterans’ Benefits; Private Pensions; Income Tax; Housing Concerns; Property Management during Incapacity; Health Care Rights and Decisions; Nursing Homes; Guardians and Conservators, Estate Planning, and Elder Abuse. Each topic includes a thorough summary of rights, a clear organization and analysis of the distinctions within a complex benefits program, such as Social Security, SSI, or Medicaid, which provides a clarity that is hard to find—not too simplified to be useful, and not just litigation-based to limit the kind of information that a full counseling requires. Tax issues are folded in as an intrinsic aspect of each topic, and a separate chapter on Financial Planning includes an extensive checklist to both assist clients and to aid the attorney in being comprehensive in making suggestions and building a strategy together.

person writing on paper

Photo by rawpixel.com on Pexels.com

The authors consistently emphasize the role of communication and counseling. This defined approach is infused with a depth of empathy and psychological awareness of the fact that the primary goal of most clients is to maintain personal autonomy over their lives, and that the financial and legal issues that come up should be approached with that goal of empowerment. The publication is bookended by a first chapter on counseling the client and an introduction to the special focus required for elder law issues—including the need to create a productive atmosphere in the office to best exchange information—and ends with a last chapter on ethical issues and representation. Throughout, the authors describe building a relationship between attorney and client where the attorney provides information not only on the specific issue brought to the meeting, but also includes other useful information and resources, such as how to organize documents, disaster planning, and information on local community and agency services, senior centers, and other supportive organizations. It sets a high standard for the type and level of competence needed for an elder law practice, including a deep and wide knowledge about private and governmental benefit programs, legal and tax issues, financial planning—all connected to a wider social context, for the fullest representation possible.

For individuals bravely looking ahead on their own, this is also a source to light the way.

Tax, Estate, and Financial Planning for the Elderly is available in print at the San Francisco Law Library. A wide range of other elder law materials, including CA-specific treatises and various model forms can be found on the San Francisco Law Library’s LibGuide to elder law—or ask a Reference Librarian.