Elder rights boosted with new law: specific mental 'deficits' to govern competency decisions in California

Article Abstract:

A new California law is the country's first to specify factors judges should consider in determining the mental competency of individuals, especially the elderly. Los Angeles practitioner Marc b. Hankin led the effort to pass the Due Process in Competence Determinations Act, which took effect on Jan 1, 1996. The law emphasizes function over the presence of an ailment or condition, so specific deficits must be proven by clear and convincing evidence to appointing a conservator. Some critics doubt the law will be effective, noting its vague wording.

Laws, regulations and rules, Medical care decision-making authority (Law), Medical care decision making authority (Law), Capacity and disability

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A man with a mission: California law prof touts state civil procedure courses

Article Abstract:

William Slomanson has called for increased emphasis on state civil procedure in law school. The professor, who teaches at Thomas Jefferson School of Law in San Diego, is teaching an elective course in California procedure and has written the first casebook on the subject. Few law schools offer classes in state civil procedure, and most state bar exams do not cover state civil procedure. Some opponents of the idea state that legal education is an education in critical thinking and not vocational training.

Colleges, Universities, and Professional Schools, Colleges and universities, First Professional Degrees, Curricula, Study and teaching, Law schools, Academic degrees, Civil procedure, states

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Family fundamentals: justices tackle a child custody case with more than parental rights at stake

Article Abstract:

The US Supreme Court has in M.L.B. v. S.L.J. the opportunity to clarify the constitutional nature of parent-child relations. Lawyers for the estranged wife are arguing that in view of the fundamental nature of parent-child relations, constitutional rights mandate that the court permit her to proceed with an appeal in forma pauperis to counter the husband's attempt to terminate her parental rights.

United States, Cases, Parent and child (Law), Custody of children, Child custody

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