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If you’ve ever thought “how the fuck did that happen” as you walked out of the Australian Family Law system and losing everything, while watching your psychopathic ex get away with the boys club trifecta of perjury, contempt, and not coughing up their financials til you’re broke, homeless, and probably couch surfing, then boy have you come to the right place! Strap on your fuck it attitude, and settle in to find out what your lawyer never told you…be prepared to feel very ducking angry 😡 and ...
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How Is That Legal?: Breaking Down Systemic Racism One Law at a Time

Community Legal Services of Philadelphia

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Kee Tobar and expert guests break down examples of systemic racism in the law and policy. By the end of each episode, you’ll understand the forces behind everyday injustices that make us ask, “How in the world is that legal?” How Is That Legal is a podcast from Community Legal Services of Philadelphia and Rowhome Productions.
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Erika K. Wilson is fighting back against racialized violence in civil courts! In Part Two of our conversation, she shares how she’s putting critical race theory into practice at UNC’s Critical Race Lawyering Clinic, why representing Black and Brown people is not the same as working through a race equity lens, and what happens when her clients push …
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Professor Erika K. Wilson lays out the legal foundations of white supremacy, breaking down how the law has distributed power and resources in favor of white people over everyone else. Plus, she brings the receipts to prove it! If you’ve ever wondered how systemic racism has persisted after the courts struck down Black Codes and Jim Crow laws, this …
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Welcome to Pennsylvania’s ChildLine Registry… where parents can be labeled as child abusers for life with no right to a hearing. In 2004, Angela West and six coworkers were placed on the ChildLine Registry after a child at their job developed unexplained bruising. Ms. West fought to clear her name for 18 years before finally winning her appeal, but…
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Nearly 5 million people living in Appalachia are Black and Brown, but Appalachians have been reduced to stereotypes of white coal miners in the mainstream media. Attorney Loree Stark breaks down what’s really going on in Appalachia, including how systemic inequity, exploitation of the labor force, disability, housing instability, and predatory lend…
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Educators can legally hit students at school in 19 states, but school-based violence is forcing young people with marginalized identities out of school everywhere. Ashley Sawyer joins us to discuss the legacy of racial discrimination in education policy and systems of school-based violence. She lays out how the school-to-prison pipeline, pushout, s…
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Black families pay higher property taxes than white families each year, and these unfairly high bills are helping to force Black people out of cities. Montgomery Wilson breaks down in great detail how Black homeowners end up paying more than their white counterparts in property taxes and how tax assessments are systematically inaccurate in Black an…
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One in four adults in the United States has a disability. Yet, disability is often an afterthought for policymakers. Lauren DeBruicker examines how disability and race intersect within the civil legal system and the impact of systemic racism on Black and Brown people with disabilities. Lauren also recounts the rich history of activism in the disabi…
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Sofia Ali-Khan breaks down the forced migration of Black and Brown people in every corner of this country. Her new book, A Good Country: My Life in Twelve Towns and the Devastating Battle for a White America, recounts government efforts to preserve a white center in each of the places she’s lived, worked, and worshiped. Sofia also discusses her tim…
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Pennsylvania State Senator Nikil Saval breaks down why racism is the bedrock of America’s housing system and how anti-Black attitudes led the federal government to neglect affordable housing for decades. Senator Saval illustrates how movements can build power through coalition-building and “making an ask,” and he explains how initiatives like a Hom…
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How Is That Legal is back and better than ever in Season 2! Kee Tobar, Chief Equity and Inclusion Officer of Community Legal Services of Philadelphia, invites experts from a wide range of backgrounds to break down examples of systemic racism in the law and policy. By the end of each episode, you’ll understand the forces behind everyday injustices t…
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In this special episode of How Is That Legal, Kee invites her friend and CLS colleague Tracie Johnson to reflect on lessons learned this season and what else needs to be explored next season. Kee and Tracie both share shocking stories that made them ask, “How in the world is that legal?” and talk about the importance of centering people who are imp…
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None of us can afford climate change, but the costs are even higher for Black and Brown people and communities, especially for those who can’t afford heating or cooling. As the planet gets hotter, we must address climate change while also making sure that people can afford to keep their homes comfortable. It’s not too late, but if we don’t act soon…
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Welcome to America…. where low-income families risk losing their homes if a loved one lives in a nursing home or needs help with personal care at home. That’s right. If a Medicaid recipient receives long-term care, the state can recover costs from their estate after they pass away. Stephanie Altman from the Shriver Center on Poverty Law joins us to…
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For many Black and Brown homeowners, their dream of homeownership disintegrates into a uniquely American nightmare designed to extract wealth and lock them out of economic mobility. Attorney Rachel Gallegos and Councilmember Katherine Gilmore Richardson join us to discuss racial disparities in homeownership, the bureaucratic saga that unfolds when …
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America’s housing system is designed to keep Black women locked out. But eviction records don’t tell the whole story. Rasheedah Phillips joins us to discuss the national housing crisis and how systemic racism is embedded in housing policy. She breaks down racial discrimination in rental housing, how eviction records can haunt tenants for life, even…
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Alan Dettlaff began his career in social work as a child welfare investigator. So how did he reach the conclusion that social workers must refuse to cooperate with the system altogether? Well, he tried to reduce racial disproportionality within child welfare and foster care for years. In this episode, Dr. Dettlaff shares his research on the unique …
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More than half of Black children experience a child welfare investigation by their eighteenth birthday– almost twice the prevalence for white children. April Lee knows the family surveillance system well. More than eight years ago, April’s three children were removed from her home. Among her family, friends, and community, most people have been thr…
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More than one in ten Black children in America will be forcibly separated from their parents and placed in foster care by the time they reach age eighteen. Professor Dorothy Roberts joins us to discuss the racialized history of parenting, family autonomy, and the child welfare system. From the role of slavery in framing the Black mother to disastro…
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Kee Tobar and expert guests break down examples of systemic racism in the law and policy. By the end of each episode, you’ll understand the forces behind everyday injustices that make us ask, “How in the world is that legal?” In our first season, How Is That Legal will examine racial disparities in the child welfare system, housing discrimination, …
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How many times have you encountered an injustice that shocked you so much that you wondered, “How in the world could this possibly be legal?” Well, that’s exactly why we at Community Legal Services of Philadelphia created our new podcast, How Is That Legal. With help from our host, CLS Chief Equity and Inclusion Officer Kee Tobar, expert guests wil…
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We don't have a constitution that affords us rights enshrined like the US does, so instead we rely on Section 128 of the Evidence Act 1995 to protect witnesses under oath from giving evidence that could lead to self-inrimination. We're a kind mob like that...we let you have just enough rope until we figure out if it's enough to hang you or not! Sup…
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It's impossible to expect a witness to remember every last detail in complex cases, particularly financial ones. We talk about how and when to ask for documents to refresh your memory. Support the showद्वारा Lisa Testart
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FAMILY LAW RULES 2004 - RULE 13.04 Full and frank disclosure (1) A party to a financial case must make full and frank disclosure of the party's financial circumstances, including: (a) the party's earnings, including income that is paid or assigned to another party, person or legal entity; (b) any vested or contingent interest in property; (c) any v…
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This episode deals with sexual abuse, trauma and comes with a trigger warning. This is not an easy episode to listen to, and it’s achingly heartbreaking 💔 ❤️‍🩹 My hard-won knowledge has come at huge expense, and there’s no running from that. If you are triggered by this episode, please look after yourself. Reach out to support people, loved ones, f…
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The dreadful depersonalisation of never having your name used unless you’re in trouble; serious trouble. This is not an easy episode to listen to, and it’s achingly heartbreaking 💔 ❤️‍🩹 My hard-won knowledge has come at huge expense, and there’s no running from that. If you are triggered by this episode, please look after yourself. Reach out to sup…
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What do they mean, and why is it important to understand the difference between final orders by consent, and final orders by judgement. One you can appeal, the other you’re stuck with. Do you know which is which? Support the showद्वारा Lisa Testart
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Contempt is criminal, while a contravention is civil. The differences are not that subtle, but I’ve had Australian lawyers argue with me that I’m wrong. Makes for a fun day in my life when lawyers act like this, but it’s what happens when you challenge the rarified air of the the legal profession. FAMILY LAW ACT 1975 - SECT 112AP Contempt (1) Subje…
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FAMILY LAW ACT 1975 - SECT 70NAC Meaning of contravened an order A person is taken for the purposes of this Division to have contravened an order under this Act affecting children if, and only if: (a) where the person is bound by the order--he or she has: (i) intentionally failed to comply with the order; or (ii) made no reasonable attempt to compl…
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Rice and Asplund particularly applies in final parenting orders, which the court recognises are never really final. Rice and Asplund is the case that set the framework for what the court should consider when assessing an application to reopen final orders. Follow the link 👇👇👇 TIME FOR A CHANGE? SHARED PARENTING, VARIATION OF ORDERS AND THE RULE IN …
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Section 121 of the Family Law Act is one of the most controversial aspects of this jurisdiction. It’s not well understood, and in this episode we try to clarify what it’s purpose is, how long it applies, and why it’s an important protective measure for children and victims. Follow the link 👇👇👇 FAMILY LAW ACT 1975 - SECT 121 Restriction on publicati…
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When there’s an error in your orders, what do you do? Can it be fixed? Yes it can! Follow the link 👇👇👇 FAMILY LAW RULES 2004 - RULE 17.02 Varying or setting aside orders (1) The court may at any time vary or set aside an order , if: (a) it was made in the absence of a party; or (b) it was obtained by fraud; or (c) it is interlocutory; or (d) it is …
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It can be pretty confusing trying to figure out why some are barristers, and others are solicitors. It’s like being GP and being called Dr, or a surgeon and being a Mister. Here we try to unpack it so you can get some understanding of what’s what and who’s who in the legal zoo. Support the showद्वारा Lisa Testart
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Ever wondered why so many victims and family law parties get less than the outcome they were told they’d get? It’s because family lawyers don’t do strategy. If they played mini golf a tad more they’d understand the analogy. Once you get it, you’ll never forget it. Support the showद्वारा Lisa Testart
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What’s a Kennon case and why should it matter? A review of Kennon v Kennon BENSON & DRURY [2020] FamCAFC 303 FAMILY LAW – APPEAL – PROPERTY – Kennon argument – Where the primary judge assessed an adjustment of 5% – Whether the primary judge erred in the way her Honour took into account contributions made by the respondent that had been made signifi…
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