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FAM-LAW-LIT: A SURVEY OF CURRENT PERIODICAL LITERATURE ADDRESSING FAMILY LAW ISSUES Laura W. Morgan, Esquire Welcome to FamLawLit, a survey of current periodical literature concerning family law issues, for January 2000. This page provides a synopsis of current law review articles that discuss issues in family law. This month’s “Ethics Spotlight” is written by Attorney Amy Gore of the National Legal Research Group, entitled “The Ethical Dilemma Posed by Surreptitiously Obtained Evidence.” It also appears in this month’s Divorce Litigation. ~ PRIMARY FAMILY LAW PERIODICALS ~ AMERICAN
JOURNAL OF FAMILY LAW (published quarterly; P .A56533) Departments: Ronald W.
Nelson, Managing the High-Conflict Case: Parenting Coordinators and
Case Management (page 207) Carlton R.
Marcyan, Temporary Support, Permanent Tax Headache? (page 210) Karen R.
Lane, Adoption Practice: The Basics of Malpractice Avoidance, Case
Management, and Ethics (page 212) Articles: Pauline H.
Tesler, Collaborative Law: What It Is and Why Family Law Attorneys
Need to Know About It (pages 215-225): Description of a new dispute
resolution model well suited to the needs of divorcing families. A. Rodeny
Nurse and Peggy Thompson, Collaborative Divorce: A New
Interdisciplinary Approach (pages 226-234): The article identifies
the necessary participants and their functions in a collaborative
divorce. Harlan S.
Tenenbaum, Guiding Clients Through the Complexities of International
Adoption (pages 235-245): An overview of the intercountry adoption
process. Bradley A.
Friedman, Cohabitation Agreements: Practical and Ethical
Considerations (pages 246-253): A guide to drafting cohabitation
agreements that are enforceable. Shannon P.
Pratt, The Inequities of “Equitable Distribution” in Business and
Professional Practice Valuation (pages 254-258): How valuation in
divorce differs from valuation in other contexts. Jonathan R. Levine, Cross-Examination of a Business Valuation Expert (pages 259-263): An outline of areas of inquiry. CHILDREN'S LEGAL RIGHTS JOURNAL (ABA Center on Children and
the Law and Loyola University Chicago School of Law) (published
quarterly; P .C5373) Children
and Technology Parry Aftab
and Nancy L. Savitt, Protecting Children’s Privacy and Regulating
Cybertot Marketing Practices Online (pages 2-13): A discussion of
new hard-sell marketing strategies that target children online by
collection of personal data, and how to protect a child’s private
information. Neeta
Ragoowansi and Lynne B. Clement, Students on the Internet - Rights
and Education (pages 14-32): A discussion of issues raised by
students’ access to the Internet - censorship, in loco parentis of
schools, the treatment of students as citizens and learners. Michael
Furlong, Renee Pavelski, Jeff Klein, Susan Ko, and Katherine Elliott, The
Effects of Media Violence on Youth (pages 33-42): An overview of the
effects of medial exposure depicting violence on children and
adolescents. John R.B.
Clement, The State of Technology in U.S. Schools: Making Counts of
Technology/Making Technology Count (pages 43-47): The article
adresses the questions of what is known about the spread of computing
and networking technologies in U.S. schools, and how we can go about
improving the information we have. Marcy Cohen
Turner, Regulating Internet Pornography: Should Parents or the
Government Be in Control? (pages 48-60): The author posits that only
through a combination of parental monitoring and involvement with their
children’s Internet activities, and strict laws punishing those who
attempt to distribute pornography or stalk children, can children’s
interests fully be protected. Bruce
Watson, Why Libraries Should Filter Internet Access (pages
61-64): The article reviews the main areas of contention in the debate
regarding library filters of Internet access. Bennett Haselton, Commentary: The Effects of the V-Chip (pages 65-68): An argument urging regulators not to forget to defend the First Amendment rights of television broadcasters as well as Internet publishers. DIVORCE
LITIGATION (published monthly) Ronald W.
Nelson, Paternity Support Retroactivity and Statutes of Limitation
(pages 237-246): A
nationwide survey analyzing the existing limitations on retroactive
support. Laura W.
Morgan, Liability of an Attorney or Spouse for Torts Committed by a
Private Detective (pages 247-251): To what extent can the person who
hires a private detective, attorney or spouse, be held liable for the
torts of the detective. Amy
G. Gore, The Ethical Dilemma Posed by Surreptitiously Obtained
Evidence (pages 252-256): You or your client stumble on the smoking
gun. Can you use it as
evidence? EQUITABLE
DISTRIBUTION JOURNAL (published monthly; P .E573) Michael W.
Morgan, Equitable Distribution of Lottery Winnings (pages
133-137) In the Courts (pages 137-144) FAIR$HARE
(published monthly) unavailable FAMILY
ADVOCATE Collecting
Your Fee Stephen
J. Harhai, Tools of the Trade: Digital Law Office Update Carl
Gilmore, Book Review: Child Sexual Abuse in Civil Cases: The
Guide to Custody and Tort Actions, by Anne Haralambie, and The
Custody Wars: Why Children Are Losing the Legal Battle and What We Can
Do About It, by Mary Ann Mason Gary
Silverman, Getting Started, Getting Paid (with Sample Fee
Agreement) Linda J.
Ravdin, Reflections on Collections (with Sample Bill and Sample
Retainer Agreement) Jane L.
Estreicher, The Litigation Budget (with Sample Litigation Budget) Carl W.
Gilmore, Those Priceless Experts Edward M.
Ginsberg, Fee Shifting: How One Judge Views the Process Ellen R.
Peck, On the Ethical Edge: A Practical Guide to Fair Fees and
Collections Jordan C.
Loeb, What to Do When the Client Stops Paying Wendelin I. Lipp and Alan D. Eisler, When Bankruptcy Beckons FAMILY
AND CONCILIATION COURTS REVIEW (published quarterly; P .C6533) Janet R.
Johnston, Response to Clare Dalton's "When Paradigms Collide:
Protecting Battered Parents and Their Children in the Family Court
System" (page 422) Forrest S.
Mosten, Mediation and the Process of Family Law Reform (page 429) Jay Folberg,
Family Courts: Assessing the Trade-Offs (page 448) Justice
David M. Steinberg, Developing a Unified Family Court in Ontario
(page 454) Nancy
Thoennes and Jessica Pearson, Supervised Visitation: A Profile of
Providers (page 460) Martha
Bailey, Supervised Access: A Long-Term Solution? (Page 478) Anita
Vestal, Mediation and Parental Alienation Syndrome: Considerations
for an Intervention Model (page 487) Rachel
Birnbaum and Helen Radovanovic, Brief Intervention Model for
Access-Based Postseparation
Disputes: Family and Court Outcomes (page 504) M. Dee Samuels, Book Review: Divorced Dads: Shattering the Myths, by Sanford L Braver with Diane O'Connel (page 514) FAMILY
LAW QUARTERLY (published quarterly) Special Issue: Some Current Issues in the
Practice of Family Law Louis Parley, Introduction
(pages 277-282) Marsha Kline Pruett and
Tamara D. Jackson, The Lawyer’s Role During the Divorce Process:
Perceptions of Parents, Their Young Children, and Their Attorneys
(pages 283-310) Louis Parley, Attorney-Client
Communications: Now What is it Exactly That We are Supposed to Tell
Them? (pages 311-328) Daniel L. Bray and Michael D.
Ensley, Dealing with the Mentally Incapacitated Client: Ethical
Issues Facing the Attorney (pages 329-348) Michael L. Kleiman and David
N. Hofstein, Ethical Concerns Relating to Communications with
Represented Parties (pages 349-360) Andrew S. Grossman, Avoiding
Legal Malpractice in Family Law Cases: The Dangers of Not Engaging in
Discovery (pages 361-386) Linda J. Ravdin and Kelly J.
Capps, Alternative Pricing of Legal Services in Domestic Relations
Practice: Choices and Ethical Considerations (pages 387-418) Ronald W. Nelson, Legal Ethics and the Internet: Ethical Considerations in Electronic Communications Between Attorneys and Clients (pages 419 et seq.): The most brilliant article I have ever read on the topic. INTERNATIONAL FAMILY LAW Frank
Martin, Distribution of Marital Assets on Divorce in the Republic of
Ireland (page 109) John Dewar,
Property and Superannuation Reform in Australia (page 118) David
Wheeler and David Hodson, Forum Conveniens and Split Trials (page
122) Werner U.
Martens, Asset Distribution in Germany in the Event of the Termination
of a Marriage by Death or Divorce (page 127) Roberta Ceschini, Asset Distribution in Italy on Marriage Breakdown (page 129) INTERNATIONAL JOURNAL OF
LAW, POLICY & FAMILY (published quarterly; P .I6786) Complete
abstracts available online: http://www3.oup.co.uk/lawfam/hdb/Volume_13/Issue_03/ R.
Dingwall and G. Pascall, Family Law, Social Policy and European
Welfare States: Introduction
(pages 229-234) S.
Portugal, Family and Social Policy in Portugal (pages 235-246) M.C.
Sottomayor, The Introduction and Impact of Joint Custody in Portugal
(pages 247-257) G. Pascall,
UK Family Policy in the 1990s: The Case of New Labour and Lone
Parents (pages 258-273) H.E.
Hörster, Does Portugal Need to Legislate on De Facto Unions?
(pages 274-279) MJRCV Tomé,
Social Security Law and the Divorced Wife in Portugal: a Proposal
Based on the Community Property of Acquests Marital Regime (pages
280-291) H. Joshi, Diverse
Family Living Situations and Child Development: a Multi-level Analysis
Comparing Longitudinal Evidence from Britain and the United States
(pages 292-314) W.M.
Schrama, Registered Partnership in the Netherlands (pages
315-327) D.S.L. Ong, The Singapore Family Court: Family Law in Practice (pages 328-349) JOURNAL OF THE AMERICAN
ACADEMY OF MATRIMONIAL LAWYERS (published two times per year; P
.A551j) Special Issue: Perspectives on the Relocation of Children American Academy of Matrimonial Lawyers Proposed Model Relocation
Act (pages 1-24, with notes pages 25-32) Lewis Becker, Ethical Responsibilities of a Lawyer for a Parent in
Custody and Relocation Cases: Duties Respecting the Child and Other
Conundrums (pages 33-74) Gary A. Debele, A Children’s Rights Approach to Relocation: A
Meaningful Best Interests Standard (pages 75-118) Marion Gindes, The Psyhcological Effects of Relocation for
Children of Divorce (pages 119-148) David H. Levy and Nanette A. McCarthy, A Critique of the Proposed
UCCJEA (pages 149-166) Edwin J. (Ted) Terry, Kristin K. Proctor, P. Caren Phelan and Jenny
Womack, Relocation: Moving Forward, or Moving Backward? (pages
167-228) Tabitha Sample and Teresa Reiger, Comment, Relocation Standards and Constitutional Considerations (pages 229-243)
Professor Petar Šarcevic, War and
Disintegration of the Family (pages 109-122) Donald C. Hubin, Parental Rights and Due Process
(pages 123-150) Paula Woodland Faerber, Empirical Study: A Guide
to the Guidelines: A Longitudinal Study of Child Support Guidelines in
the United States (pages 151-258) Rebecca Robbins, Case Note: Miller v. Albright
(pages 259-266) Brione B. Pattison, Case Retrospective: Mohr v.
Commonwealth of Massachusetts and Pamela Tompkins (pages 267-276) Roger Burdge, Case Note: Whitner v. South
Carolina: Child Abuse Laws Apply to Viable Fetuses (pages 277-286)
Introduction:
The Juvenile Court Centennial Symposium (page 1) Judge J.
Dean Lewis, America's Juvenile and Family Courts: 100 Years of
Responding to Troubled Youth and Their Families (page 3) Prof.
Robert E. Shepard, Juvenile Justice: A Birthday Cake or a Funeral
Pyre–The Juvenile Court as 100 Years (page 9) Hunter
Hurst III, Juvenile Court–As We Enter the Millennium (page 21) Ernestine S. Gray, Juvenile Court System As it Enters the 21st Century: What Should it Look Like? (Page 29) OTHER PERIODICALS Kevin G.
Clarkson & David Orgon Coolidge, The Alaska Marriage Amendment:
The People's Choice on the Last Frontier, 26 Alaska Law Review
213 (December 1999) Matthew R.
Dubois, Legal Planning for Gay, Lesbian, and Non--Traditional Elders,
63 Albany Law Review 263 (1999) Scott
Fruehwald, Choice of Law and Same-sex Marriage, 51 Florida Law
Review 799 (December 1999) Mitchell M.
Gans, Federal Transfer Taxation and the Role of State Law: Does the
Marital Deduction Strike the Proper Balance?, 48 Emory Law Journal 871
(Summer 1999) C. Quince
Hopkins, Rank Matters, But Should Marriage?: Adultery,
Fraternization, and Honor in the Military, 9 UCLA Women’s Law
Journal 177 (Spring/Summer 1999) Tiffany R.
Jones & Larry Peterman, Whither The Family And Family Privacy?,
4 Texas Review of Law & Politics 193 (Fall 1999) Janet M.
LaRue & Rory K. Nugent, Williams v. State: The Constitutionality
and Necessity of Sodomy Laws,29 University of Baltimore Law Forum
6 (Spring/Summer 1999) Gavin M.
Parr, What Is a "Meretricious Relationship"?: An Analysis
of Cohabitant Property Rights Under Connell v. Francisco, 74 Washington
Law Review 1243 (October 1999) Paul R.
Rice, Attorney-Client Privilege: Continuing Confusion About Attorney
Communications, Drafts, Pre-existing Documents, and The Source of The
Facts Communicated, 48 American University Law Review 967
(June 1999) James R.
Robinson, Untangling the "Loose Threads": Equitable
Adoption, Equitable Legitimation, and Inheritance in Extralegal Family
Arrangements, 48 Emory Law Journal 943 (Summer 1999) Catherine
B. Sarson, The Child-Parent Testimonial Privilege: Attempts at
Codification Have Missed Their Mark, 12 Georgetown Journal of
Legal Ethics 861 (Summer 1999) Marjorie A.
Silver, Love, Hate, and Other Emotional Interference in The
Lawyer/Client Relationship, 6 Clinical Law Review 259 (1999) Dwight H.
Sullivan, Michael Adams & Martin H. Schreiber II, The
Legalization of Same-Gender Sexual Intimacy in Maryland, 29 University
of Baltimore Law Forum 15 (Spring/Summer 1999) Kyle C.
Velte, Egging on Lesbian Maternity: the Legal Implications of Tri--gametic
in Vitro Fertilization, 7 American University Journal of Gender,
Social Policy & The Law 431 (1999) Lillian Wan, Parents
Killing Parents: Creating a Presumption of Unfitness, 63 Albany
Law Review 333 (1999) Russell J. Weintraub, Recognition and Enforcement of Judgment and Child Support Obligations in United States and Canadian Courts, 34 Texas International Law Journal 361 (Summer 1999) Laura W. Morgan is a Senior Attorney in Family Law at the National Legal Research Group, in Charlottesville, Virginia, a firm that writes memoranda and briefs for attorneys nationwide. Ms. Morgan is the author of "Child Support Guidelines: Interpretation and Application," and is currently Chair of the Child Support Committee of the American Bar Association Family Law Section. She can be reached at: goddess@supportguidelines.com, or phone 1-800-727-6574 or 1-804-977-5690 © 1999 National Legal Research Group No information or materials posted here are intended to constitute legal advice, nor can we guarantee the accuracy of posted information, especially as to each individual situation. LawTek does not independently check the information contained herein and does not refer or endorse any product, service, or firm. This site does not constitute an attorney-client relationship; local counsel should always be consulted. |