Appellate Deference in Scottish Child Protection Cases

Dubious Deference: Reassessing Appellate Standards of Review in Immigration Appeals

The long-standing doctrine of deferential review by appellate courts of findings of fact by administrative agencies is seriously flawed for two main reasons. First, the most prominent justification for deference relies on the empirical assumption that first-instance adjudicators are best able to determine the truth because they can directly view witness demeanor. Decades of social science resea...

Mediation in Child Protection Cases

A petition filed with the child protection court alleges that Mary, a 5-year-old child, needs the court’s protection. Mary’s mother is addicted to methamphetamine, which prevents her from adequately caring for her daughter: she has been unable to protect Mary from witnessing the ongoing domestic violence that the father has inflicted on her; she refuses to leave the father’s home despite offers...

Standards of Appellate Review for Denial of Counsel and Ineffective Assistance of Counsel in Child Protection and Parental Severance Cases

Appellate Court Decision Making in NLRB Cases

Abstract: In this article, I review the decisions of the appellate courts in National Labor Relations Board (“NLRB”) cases over a twenty year period, 1994 to 2014, to ascertain what political, economic and legal factors impact judicial decision making. Unlike many other analyses of appellate decision making, this study makes a deliberate effort to take into account legal and procedural differen...

The Braiding Cases, Cultural Deference, and the Inadequate Protection of Black Women Consumers