Law and Social Work Practice 2nd edition by Raymond Albert, Steven Albert – Ebook PDF Instant Download/Delivery: 0826148913, 978-0826148919
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ISBN 10: 0826148913
ISBN 13: 978-0826148919
Author: Raymond Albert, Steven Albert
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 framework to illustrate how socio-legal problems emerge in the welfare state, and presents the skills base necessary for effective social work response. A new section on socio-legal issues highlights many fields where social worker-lawyer partnerships can occur, such as civil rights and advocacy, the death penalty, liability for neglect in nursing homes, informed consent and medical treatment, and much more. Filled with techniques for reading and understanding judicial opinion, legislative statues, and bills, this new edition will appeal to all professors of law and social work courses, as well as courses on the welfare state.
Law and Social Work Practice 2nd Table of contents:
PART I: AN INTRODUCTION TO LEGAL PROCESSES
1 Law and the Social Environment
Characteristics of Law
Sources and Functions of American Law
Limits of the Law
2 The Judicial Process Part One: The Nature of Case Law
Case Law and the Doctrine of Precedent
Case Law and “Res Judicata,” “Reversal,” and “Overruling”
Case Law, Ratio Decidendi and Dicta
Case Law, Stare Decisis, and the Court Hierarchy
The Development of Case Law and the Judicial Function
Case Law Development and the Legal Reasoning Process
The Analysis of a Judicial Opinion
The Synthesis of Case Law
King v. Smith, 392 U.S. 309 (1968)
Shapiro v. Thompson, 394 U.S. 618 (1969)
Goldberg v. Kelly, 397 U.S. 254 (1970)
Wyman v. James, 400 U.S. 309 (1971)
Dandridge v. Williams, 397 U.S. 471 (1970)
3 The Judicial Process Part Two: Introduction to Civil Procedure
The Structure of a Civil Lawsuit
Facts
Beginning the Civil Process: The Complaint from Roe v. Anderson
The Complaint
Roe v. Anderson, 966 F. Supp. 977 (1997)
Brief of Social Scientists as Amici Curiae in Anderson v. Roe
Saenz v. Roe, 119 S. Ct, 1518 (1999)
4 The Legislative Process
Legislative Authority, Structure and Function
The Design of Legislation
Stages of Legislative Process Part One: Enacting Substantive Legislation
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Remarks by President Clinton at the Welfare Reform Bill Signing
Stages of Legislative Process Part Two: Appropriating for Legislation
How Does the Government Create a Budget?
How to Read a Statute or Bill
5 The Interpretation of Legislation: The Search for Legislative Intent
Conceptualizing Legislative Intent
Strategies for Identifying Legislative Intent
Legislative Intent in Action: A Case Example
Dandrige v. Williams, 397 U.S. 471 (1970)
6 The Implementation of Legislation
A Framework for Analyzing the Implementation of Legislation
Implementation of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Judicial Interpretation of PRWORA: Implications for Implementation
City of Chicago v. Shalala (ILL. D.C.: 1998)
Saenz v. Roe, 119 S. Ct. 1518 (1999)
Administrative Evaluation of Legislative Implementation: The Pennsylvania Attorney General Review of
Interdependence of Legal Processes
7 The Administrative Process
Key Features of Administrative Authority
Stages in the Administrative Process
Judicial Interpretation of Regulations
Title 45„Public Welfare
Anderson v. Edwards, 514 U.S. 143 (1995)
PART II: SKILLS DIMENSION
8 Social Work Advocacy in Legislative and Administrative Processes
Legislative Advocacy Tactics
Legislative Advocacy and Offering Testimony
Examples of Legislative Testimony
Social Work Advocacy and the Administrative Process
9 Legal Research Resources and Techniques
Resources for Finding the Law
A Uniform System of Citation
Suggested Legal Research Techniques
Electronic Legal Research Resources
A Concluding Note
10 Court Testimony and Evidence
Evidence Concepts and Principles
Witnesses
In Re Custody of J.S.S., 298 Pa. Super. Ct. (1982)
Living with Uncertainty
11 Privileged Communications and Worker-Client Relations
Creating the Communications Privilege
Asserting the Privilege
Bower v. Weisman, 669 F. Supp. 602 (1987)
State v. Andring, 342 N.W. 2d 128
Exceptions to the Privilege
The Duty to Warn: The Legacy of Tarasoff
12 Social Work Privilege in Federal Courts: Deconstructing Jaffe v. Redmond (1996)
The Facts of Jaffe v. Redmond
Reconciling the Oral Argument in Jaffe v. Redmond with the Court’s Final Decision
Conclusion
Jaffe v. Redmond, 518 U.S. 1 (1996)
PART III: SOCIO-LEGAL ISSUES IN SOCIAL WORK PRACTICE
13 Social Worker-Lawyer Partnerships: Historical and Contempory Perspectives
Historical Antecedents
Legal Content in Social Work Education: Preparing Students for Interprofessional Practice
Legal Scholarship
Legal Content in Social Work Education
Knowledge of the Law
Skills in Legal Practice
Conclusion
14 Second Parent Adoption and Same-Sex Relationships
The Problem
The Contours of the Case Law
Conclusion
Adoption of Tammy, 416 Mass. 205 (1993)
15 The Civil Rights Remedy of the Violence Against Women Act of 1994
An Overview of the Violence Against Women Act of 1994
Major Provisions of VAWA
The Civil Rights Remedy of VAWA
Conclusion
Christy Brzonkala v. Virginia Polytechnic Institute, 132F.3d949 (1997)
16 Informed Consent for Medical Treatment
Schloendorff v. Society of New York Hospital (1914)
Schloendorff and Its Progeny
Schloendorff’s Legacy: Doctrine of Informed Consent
Conclusion
Canterbury v. Spence, 150 U.S. App. D.C. 263 (1972)
Cruzan v. Director, Missouri Dep’t. of Health, 497 U.S. 261 (1990)
17 Liability for Neglect in Nursing Homes
Federal and Pennsylvania State Nursing Home Regulations
Application of Criminal Statutes to Acts of Corporate Negligence
Case Law Analysis
Future Directions
People v. Casa Blanca Convalescent Homes, 159 Cal. App. 3d 509 (1984)
18 Imposing the Death Penalty on Juveniles
Historical Antecedents
Evolution of Precedent and the Role of the Socio-Political Environment
Retreat from Progress
Future Trends
The State of Washington v. Furman, 122 Wash. 2d 440 (1993)
19 Charitable Organizations and Lobbying
Case Law Addressing Federal Lobbying Statutes
The Unconstitutional Conditions Case Law
The “Nonsubsidizing” Case Law
Conclusion
Rust v. Sullivan, 500 U.S. 173 (1991)
Regan v. Taxation with Representation, 461 U.S. 540 (1983)
20 Lobbying Reform and Nonprofit Organizations: Policy Images and Constituent Policy
Istook and Earlier Concerns About Nonprofit Organizations
Shifting Policy Image and New Political Momentum
Policy Evolution and Political Learning
21 Restrictions to Legal Services for the Poor
The Office of Economic Opportunity Legal Services Program
Creation of the LSC„A Move to Depoliticize the Agency
Case Law
Challenging the 1996 Restrictions
Conclusion
Notes
Table of Cases
References
Index
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Tags: Raymond Albert, Steven Albert, Social Work