LGBT Family Lawyers and Same-Sex Marriage Recognition: How Legal Change Shapes Professional Identity and Practice

ABSTRACT

Lawyers who practice family law for LGBT clients are key players in the tenuous and evolving legal environment surrounding same-sex marriage recognition. Building on prior research on factors shaping the professional identities of lawyers generally, and activist lawyers specifically, I examine how practice within a rapidly changing, patchwork legal environment shapes professional identity for this group of lawyers. I draw on interviews with 21 LGBT family lawyers to analyze how the unique features of LGBT family law shape their professional identities and practice, as well as their predictions about the development of the practice in a post-Obergefell world. Findings reveal that the professional identities and practice of LGBT family lawyers are shaped by uncertainty, characteristics of activist lawyering, community membership, and community service. Individual motivations and institutional forces work to generate a professional identity that is resilient and dynamic, characterized by skepticism and distrust coupled with flexibility and creativity. These features are likely to play a role in the evolution of the LGBT family lawyer professional identity post-marriage equality.     

Using theory of change as a framework for examining community context and philanthropic impact

As part of the process of examining their theory of change (TOC) and reflecting on grant making activity, one Midwestern foundation employed a multipronged strategy to assess 209 community-based mental health grants across seven years of funding. This article details the evaluation approach, which comprised these areas of the TOC: grantees’ use of evidence-based interventions, cultural competency, quality improvement, community collaboration, and use of integrated care. Inductive analyses identified grantees’ use of innovative practices, trauma-informed care, and use of validated instruments. In an iterative exercise spanning multiple years, the foundation and researchers found ways to gather information about community capacity and impact while simultaneously minimizing grantee data collection/reporting burden. Findings revealed that community agencies were improving in their uptake of evidence-based interventions and use of validated instruments. Community grantee use of trauma informed care also improved over the study period. Grantee desire to collaborate and coordinate services within the community was also strong. The research also revealed that in multiple domains (such as technology and non-profit operating costs) grantees needed support in building agency capacity. These findings shed light on which aspects of the foundation’s TOC were being addressed through funding, and which areas of the community needed additional support.     

Scrambled systems: the (im)mobilities of ‘storm Desmond’

This article examines a 3-day blackout, triggered by a ‘1-in-100-year’ rainfall event. Storms and floods account for almost three-quarters of weather-related disasters, and are typically accompanied by cascading infrastructure failures, which pattern and amplify their effects in highly significant ways. Such disruptions reveal aspects of everyday life that ordinarily remain obscure, including capacities for resilience embodied in people, cities and infrastructure. The article proposes that disruption events be understood in terms of ‘scrambles’, as they involve abrupt demobilisation and remobilisation of a range of people and materials. The article firstly examines the astonishing capacity for failure latent in ‘pervasively powered’ arrangements, as well as the many ways in which people and things were ‘scrambled’ in response. The article then proceeds to explore the ways in which vulnerabilities result in part from mobilisation in response to previous disruption events, before examining the ‘circuits’ that link far-flung places in mobile disaster geographies, global patterns of electricity dependence, the rise of data overload in the ‘cloud’ to carbon overload in the atmosphere. The article concludes by presenting further evidence in support of the thesis that disruptions and disasters are part of a ‘new normal’, and what this means for prevailing sociotechnical arrangements reliant on ‘sunk’ infrastructure.     

The Diffusion of Tolerance: Birth Cohort Changes in the Effects of Education and Income on Political Tolerance

Political tolerance—the willingness to extend civil liberties to traditionally stigmatized groups—is pivotal to the functioning of democracy and the well‐being of members of stigmatized groups. Although political tolerance has traditionally been more common among American elites, we argue that as tolerance has increased, it has also diffused to less educated and less affluent segments of the population. The relative stability of political attitudes over the life course and the socialization of more recent birth cohorts in contexts of increased tolerance suggest that this diffusion of tolerance occurs across birth cohorts rather than time periods. Using age‐period‐cohort models and more than three and a half decades of repeated cross‐sectional survey data, we find persistent and robust across‐cohort declines in the importance of both income and higher education in determining levels of political tolerance. Declines in the effects of socioeconomic status are evident with tolerance toward all five out‐groups in the analysis—anti‐religionists, gays and lesbians, communists, militarists, and racists—but to varying degrees. These findings fit with a model of changes in public opinion, particularly views of civil and political rights, through processes of cultural diffusion and cohort replacement.     

A Bayesian model for multiple change point to extremes,with application to environmental and financial data

Abrupt changes often occur for environmental and financial time series. Most often, these changes are due to human intervention. Change point analysis is a statistical tool used to analyze sudden changes in observations along the time series. In this paper, we propose a Bayesian model for extreme values for environmental and economic datasets that present a typical change point behavior. The model proposed in this paper addresses the situation in which more than one change point can occur in a time series. By analyzing maxima, the distribution of each regime is a generalized extreme value distribution. In this model, the change points are unknown and considered parameters to be estimated. Simulations of extremes with two change points showed that the proposed algorithm can recover the true values of the parameters, in addition to detecting the true change points in different configurations. Also, the number of change points was a problem to be considered, and the Bayesian estimation can correctly identify the correct number of change points for each application. Environmental and financial data were analyzed and results showed the importance of considering the change point in the data and revealed that this change of regime brought about an increase in the return levels, increasing the number of floods in cities around the rivers. Stock market levels showed the necessity of a model with three different regimes.     

Fourier–type tests involving martingale difference processes

We develop testing procedures which detect if the observed time series is a martingale difference sequence. Furthermore, tests are developed that detect change–points in the conditional expectation of the series given its past. The test statistics are formulated following the approach of Fourier–type conditional expectations first proposed by Bierens (1982 Bierens, H. J. (1982). Consistent model speci?cation tests. J. Econometr. 20:105–134.[Crossref], [Web of Science ®] , [Google Scholar]) and have the advantage of computational simplicity. The limit behavior of the test statistics is investigated under the null hypothesis as well as under alternatives. Since the asymptotic null distribution contains unknown parameters, a bootstrap procedure is proposed in order to actually perform the test. The performance of the bootstrap version of the test is compared in finite samples with other methods for the same problem. A real–data application is also included.     

Can art-based reflection help us cope with organisational change in the public sector?

Never before have public sector jobs been so threatened. Fear and anxiety have shifted their focus, from performance to survival. With reference to immediately contemporary works on the NHS in particular, such as Mandelstam (2011) and Leys and Player (2011), the paper establishes the factual validity of the crisis.

The authors conducted a series of workshops for public sector staff to enable them to explore their reactions to the current situation.

It is possible to identify increasing levels of denial and other forms of resistance to change similar to those first identified by Menzies' (1959). Drawing on the work of Bion (cited Obholzer & Roberts, 1994) the paper considers the dangers of a retreat to the paranoid schizoid position, and identifies a theoretical clue in Halton (2004) for turning the trauma of change into a creative opportunity.

Art has access to emotional, spiritual and creative facets of the human mind that science cannot explore. Klein's (1975) consideration of the infantile and regressive aspect of art is acknowledged. The paper then considers what is revealed by a study of specific works of art which were presented in the workshops; including paintings by Bosch, Rousseau, Breughel and Goya. The work of Zagier-Roberts (1998) and Winnicott (1971) is called upon to endorse the usefulness of such a playful collage of responses.

Art can be used to help people move through Kubler Ross' stages of bereavement (1997); not to acceptance but out of the paranoid schizoid position into the depressive position (Klein 1975). Revisiting the work of Halton (2004) and the concept of evolutionary creativity, a move on from the depressive position can begin. Collective validation can be affirmed through a rebooting of the essential public sector values while a radical turning away from organisational priorities, to face the service user, provides a more far reaching optimism than any envisaged by an essentially limited demand for modernisation.

In conclusion the paper considers the recent contributions of Dienst (2011) and Dumenil and Levy (2011) to advocate tactical resistance to the denigration of the public sphere.     

A Study of Clinical Change in Individual Career Counseling

This study examined the clinical significance of career counseling effects. Participants were 111 university students (83% women) who participated in individual career counseling sessions at their university. All participants completed the French version of the Outcome Questionnaire–30.2 (OQ‐30.2; Lambert, Finch, Okiishi, & Burlingame, 2005) immediately before the 1st session (pretest) and at the beginning of the last session (posttest). The OQ‐30.2 assesses 3 client life domains: subjective discomfort, problems in interpersonal relationships, and problems in social role satisfaction. Using Jacobson and Truax’s (1991) statistical approach to assessing clinical change, the authors compared clients’ pretest OQ‐30.2 scores with their posttest scores. Among clients with a “dysfunctional” score (n = 59) at the study’s inception, 34% recovered and 14% improved, whereas 41% of clients with functional scores (n = 52) at the study’s inception improved. The results suggest that individual career counseling can make a difference in the lives of many clients; they also highlight the importance of further outcome research that accounts for possible variability in clients’ responses to career counseling.     

Coastal Adaptation Planning in Fairbourne,Wales: lessons for Climate Change Adaptation

ABSTRACT

Adaptation to climate change is emerging as a central objective and policy frame for coastal communities. This paper examines recent climate change adaptation efforts in the UK, centring on the case of Fairbourne, Wales. The village is facing the long-term prospect of flooding and inundation due to the impacts of sea level rise. The recent Shoreline Management Plan for the area has recommended realignment of the coast and eventual decommissioning of Fairbourne. The paper draws on a qualitative research methodology of interviews, policy review and observation to narrate the case and provide key insights and lessons for planners working in environmentally vulnerable coastal settings and managing climate adaptation processes.     

Reframing Resilience: Equitable Access to Essential Services

We urgently need to put the concept of resilience into practice if we are to prepare our communities for climate change and exacerbated natural hazards. Yet, despite the extensive discussion surrounding community resilience, operationalizing the concept remains challenging. The dominant approaches for assessing resilience focus on either evaluating community characteristics or infrastructure functionality. While both remain useful, they have several limitations to their ability to provide actionable insight. More importantly, the current conceptualizations do not consider essential services or how access is impaired by hazards. We argue that people need access to services such as food, education, health care, and cultural amenities, in addition to water, power, sanitation, and communications, to get back some semblance of normal life. Providing equitable access to these types of services and quickly restoring that access following a disruption are paramount to community resilience. We propose a new conceptualization of community resilience that is based on access to essential services. This reframing of resilience facilitates a new measure of resilience that is spatially explicit and operational. Using two illustrative examples from the impacts of Hurricanes Florence and Michael, we demonstrate how decisionmakers and planners can use this framework to visualize the effect of a hazard and quantify resilience-enhancing interventions. This “equitable access to essentials” approach to community resilience integrates with spatial planning, and will enable communities not only to “bounce back” from a disruption, but to “bound forward” and improve the resilience and quality of life for all residents.