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Contributors | xv | |
Foreword | xvii | |
Preface | xxi | |
Acknowledgments | xxvii | |
Part I | An Introduction to Legal Processes | |
1 | Law and the Social Environment | 3 |
Characteristics of Law | 3 | |
Sources and Functions of American Law | 7 | |
Limits of the Law | 12 | |
2 | The Judicial Process: Part One: The Nature of Case Law | 19 |
Case Law and the Doctrine of Precedent | 19 | |
Case Law and "Res Judicata," "Reversal," and "Overruling" | 21 | |
Case Law, Ratio Decidendi and Dicta | 23 | |
Case Law, Stare Decisis, and the Court Hierarchy | 23 | |
The Development of Case Law and the Judicial Function | 25 | |
Case Law Development and the Legal Reasoning Process | 28 | |
The Analysis of a Judicial Opinion | 34 | |
The Synthesis of Case Law | 35 | |
King v. Smith, 392 U.S. 309 (1968) | 36 | |
Shapiro v. Thompson, 394 U.S. 618 (1969) | 44 | |
Goldberg v. Kelly, 397 U.S. 254 (1970) | 50 | |
Wyman v. James, 400 U.S. 309 (1971) | 56 | |
Dandridge v. Williams, 397 U.S. 471 (1970) | 64 | |
3 | The Judicial Process: Part Two: Introduction to Givil Procedure | 71 |
The Structure of a Civil Lawsuit | 71 | |
Facts | 72 | |
Beginning the Civil Process: The Complaint from Roe v. Anderson | 76 | |
The Complaint | 76 | |
Roe v. Anderson, 966 F. Supp. 977 (1997) | 85 | |
Brief of Social Scientists as Amici Curiae in Anderson v. Roe | 92 | |
Saenz v. Roe, 119 S. Ct 1518 (1999) | 100 | |
4 | The Legislative Process | 112 |
Legislative Authority, Structure and Function | 112 | |
The Design of Legislation | 114 | |
Stages of Legislative Process: Part One: Enacting Substantive Legislation | 116 | |
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 | 118 | |
Remarks by President Clinton at the Welfare: Reform Bill Signing | 143 | |
Stages of Legislative Process Part Two: Appropriating for Legislation | 147 | |
How Does the Government Create a Budget? | 149 | |
How to Read a Statute or Bill | 152 | |
5 | The Interpretation of Legislation: The Search for Legislative Intent | 155 |
Conceptualizing Legislative Intent | 155 | |
Strategies for Identifying Legislative Intent | 158 | |
Legislative Intent in Action: A Case Example | 166 | |
Dandrige v. Williams, 397 U.S. 471 (1970) | 167 | |
6 | The Implementation of Legislation | 168 |
A Framework for Analyzing the Implementation of Legislation | 169 | |
Implementation of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 | 170 | |
Judicial Interpretation of PRWORA: Implications for Implementation | 175 | |
City of Chicago v. Shalala (ILL. D.C.: 1998) | 176 | |
Saenz v. Roe, 119 S. Ct. 1518 (1999) | 181 | |
Administrative Evaluation of Legislative Implementation: The Pennsylvania Attorney General Review of Act 35 (Pennsylvania's Welfare Reform Act) | 181 | |
Interdependence of Legal Processes | 189 | |
7 | The Administrative Process | 210 |
Key Features of Administrative Authority | 210 | |
Stages in the Administrative Process | 216 | |
Judicial Interpretation of Regulations | 217 | |
Title 45-Public Welfare | 218 | |
Anderson v. Edwards, 514 U.S. 143 (1995) | 219 | |
Part II | Skills Dimension | |
8 | Social Work Advocacy in Legislative and Administrative Processes | 227 |
Legislative Advocacy Tactics | 227 | |
Legislative Advocacy and Offering Testimony | 229 | |
Examples of Legislative Testimony | 235 | |
Social Work Advocacy and the Administrative Process | 243 | |
9 | Legal Research Resources and Techniques | 246 |
Resources for Finding the Law | 246 | |
A Uniform System of Citation | 252 | |
Suggested Legal Research Techniques | 252 | |
Electronic Legal Research Resources | 255 | |
A Concluding Note | 255 | |
10 | Court Testimony and Evidence | 256 |
Evidence Concepts and Principles | 256 | |
Witnesses | 261 | |
In Re Custody of J.S.S., 298 Pa. Super. Ct. (1982) | 277 | |
Living with Uncertainty | 281 | |
11 | Privileged Communications and Worker-Client Relations | 282 |
Creating the Communications Privilege | 282 | |
Asserting the Privilege | 284 | |
Bower v. Weisman, 669 F. Supp. 602 (1987) | 286 | |
State v. Andring, 342 N.W. 2d 128 | 289 | |
Exceptions to the Privilege | 294 | |
The Duty to Warn: The Legacy of Tarasoff | 296 | |
12 | Social Work Privilege in Federal Courts: Deconstructing Jaffe v. Redmond (1996) | 298 |
The Facts of Jaffe v. Redmond | 299 | |
Reconciling the Oral Argument in Jaffe v. Redmond with the Court's Final Decision | 301 | |
Conclusion | 318 | |
Jaffe v. Redmond, 518 U.S. 1 (1996) | 319 | |
Part III | Socio-Legal Issues in Social Work Practice | |
13 | Social Worker-Lawyer Partnerships: Historical and Contempory Perspectives | 329 |
Historical Antecedents | 329 | |
Legal Content in Social Work Education: Preparing Students for Interprofessional Practice | 333 | |
Legal Scholarship | 335 | |
Legal Content in Social Work Education | 338 | |
Knowledge of the Law | 339 | |
Skills in Legal Practice | 340 | |
Conclusion | 344 | |
14 | Second Parent Adoption and Same-Sex Relationships | 346 |
The Problem | 347 | |
The Contours of the Case Law | 347 | |
Conclusion | 351 | |
Adoption of Tammy, 416 Mass. 205 (1993) | 352 | |
15 | The Civil Rights Remedy of the Violence Against Women Act of 1994 | 359 |
An Overview of the Violence Against Women Act of 1994 | 359 | |
Major Provisions of VAWA | 360 | |
The Civil Rights Remedy of VAWA | 361 | |
Conclusion | 365 | |
Christy Brzonkala v. Virginia Polytechnic Institute, 132 F.3d 949 (1997) | 365 | |
16 | Informed Consent for Medical Treatment | 381 |
Robert Long and Raymond Albert Schloendorff v. Society of New York Hospital (1914) | 382 | |
Schloendorff and Its Progeny | 384 | |
Schloendorff's Legacy: Doctrine of Informed Consent | 385 | |
Conclusion | 389 | |
Canterbury v. Spence, 150 U.S. App. D.C. 263 (1972) | 389 | |
Cruzan v. Director, Missouri Dep't. of Health, 497 U.S. 261 (1990) | 397 | |
17 | Liability for Neglect in Nursing Homes | 408 |
Federal and Pennsylvania State Nursing Home Regulations | 408 | |
Application of Criminal Statutes to Acts of Corporate Negligence | 411 | |
Case Law Analysis | 415 | |
Future Directions | 420 | |
People v. Casa Blanca Convalescent Homes, 159 Cal. App. 3d 509 (1984) | 421 | |
18 | Imposing the Death Penalty on Juveniles | 429 |
Historical Antecedents | 429 | |
Evolution of Precedent and the Role of the Socio-Political Environment | 431 | |
Retreat from Progress | 434 | |
Future Trends | 436 | |
The State of Washington v. Furman, 122 Wash. 2d 440 (1993) | 436 | |
19 | Charitable Organizations and Lobbying | 444 |
Case Law Addressing Federal Lobbying Statutes | 444 | |
The Unconstitutional Conditions Case Law | 446 | |
The "Nonsubsidizing" Case Law | 451 | |
Conclusion | 453 | |
Rust v. Sullivan, 500 U.S. 173 (1991) | 454 | |
Regan v. Taxation with Representation, 461 U.S. 540 (1983) | 464 | |
20 | Lobbying Reform and Nonprofit Organizations: Policy Images and Constituent Policy | 467 |
Istook and Earlier Concerns About Nonprofit Organizations | 470 | |
Shifting Policy Image and New Political Momentum | 477 | |
Policy Evolution and Political Learning | 482 | |
21 | Restrictions to Legal Services for the Poor | 485 |
The Office of Economic Opportunity Legal Services Program | 486 | |
Creation of the LSC-A Move to Depoliticize the Agency | 487 | |
Case Law | 491 | |
Challenging the 1996 Restrictions | 494 | |
Conclusion | 497 | |
Notes | 499 | |
Table of Cases | 509 | |
References | 513 | |
Index | 525 |
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Add Law and Social Work Practice, This completely rewritten and updated new edition of a practical text continues to provide a firm introduction to law and legal processes and their relation to social work practice. Using Clinton's welfare reform act of 1996, Albert provides a conceptual , Law and Social Work Practice to the inventory that you are selling on WonderClubX
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Add Law and Social Work Practice, This completely rewritten and updated new edition of a practical text continues to provide a firm introduction to law and legal processes and their relation to social work practice. Using Clinton's welfare reform act of 1996, Albert provides a conceptual , Law and Social Work Practice to your collection on WonderClub |