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Introduction: Rationale, Foundation and Explanation of Constitutional Law, and Organization | |
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Rationale for Text | |
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Foundation and Explanation of Constitutional Law | |
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How the Federal Courts Work | |
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Organization of Text | |
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Conclusion | |
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Key Terms and Concepts | |
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Basic and Key Legal Concepts and Principles | |
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Substantive and Procedural Law | |
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Sources of Law | |
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Why Conflicts Occur Between Government and Individuals | |
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Government Powers and Responsibilities | |
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Individual Rights | |
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Clashes Between Government and Individuals | |
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Constitutional Principles | |
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No State Shall Make or Enforce Any Law Which Shall Abridge the Privileges or Immunities of Citizens of the United States | |
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Liberty | |
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Property | |
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Due Process | |
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Equal Protection | |
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Right to Privacy | |
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Legal Tests to Determine the Constitutionality of a Statute or Policy | |
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Legal Standards to Decide Civil and Criminal Proceedings | |
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Absolute and Qualified Immunity | |
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Conclusion | |
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Key Terms and Concepts | |
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Child Protection and the Law | |
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Legal Standard for Separation of Parent and Child | |
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Legal Standard for Parental Rights Termination | |
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Cases in Which Parental Terminations Were Upheld | |
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Cases in Which Parental Terminations Were Reversed | |
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Fetuses as Children Needing Protection | |
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Protection of Children from Violence | |
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Protection of Children from Caseworkers' Decisions | |
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Implications for Social Welfare Policy and Practice | |
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Conclusion | |
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Key Terms and Concepts | |
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Legal Aspects of Adoption Policy and Practices | |
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Federal Statutes Governing Adoption | |
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Native American Adoption | |
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One State Statute Governing Adoption | |
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Legal Cases Concerning Adoption Issues | |
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Adoption Subsidy | |
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Gay and Lesbian Adoption | |
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Transracial Adoption | |
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Access to Adoption Records | |
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Implications for Social Welfare Policy and Practice | |
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Conclusion | |
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Key Terms and Concepts | |
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Legal Challenges Shaping Public Assistance | |
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Legal Requirements for Terminating Benefits | |
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TANF and the Right to Travel | |
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Legal Restrictions on Receiving Food Stamps | |
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Social Security Disability Benefits | |
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Legal Congruence of Social Security Disability Insurance and the Americans with Disabilities Act | |
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Drug Testing of Recipients Receiving Public Assistance | |
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Implications for Social Welfare Policy and Practice | |
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Conclusion | |
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Key Terms and Concepts | |
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The Law's Effect on Mental Health Policy | |
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Legal Principles Affecting Mental Health Policy | |
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Intervening with Individuals with Mental Illness | |
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Standard of Proof Needed for Civil Commitment | |
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Right to Mental Health Treatment in Mental Institutions | |
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Right to Mental Health Treatment in the Least Restrictive Setting | |
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Right to Mental Health Treatment in Correctional Institutions | |
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Right to Refuse Mental Health Treatment | |
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State Mental Institutions | |
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Correctional Institutions | |
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Access to Mental Health Records | |
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Implications for Social Welfare Policy and Practice | |
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Conclusion | |
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Key Terms and Concepts | |
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Legal Liability and Malpractice Affecting Social Workers | |
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Malpractice in Child Protection | |
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Malpractice in the Adoption Process | |
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Duties of Mental Health Clinicians | |
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Duty to Warn of Clients' Threats of Physical Harm | |
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Duty to Not Harm Third Parties Socially and Mentally | |
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Duty to Not Sexually Exploit Clients | |
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Implications for Social Welfare Policy and Practice | |
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Conclusion | |
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Key Terms and Concepts | |
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Legal Contentions of Social Workers | |
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Social Work Professionals and Employment Issues | |
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Standard for Deciding Discrimination in Employment | |
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Wrongful Discharge | |
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Employment Discrimination from Sexual Harassment | |
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Religious Objections to Some Clients | |
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Implications for Social Welfare Policy and Practice | |
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Conclusion | |
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Key Terms and Concepts | |
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Conclusion | |
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Glossary of Terms | |
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References | |
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Index | |