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FAM-LAW-LIT: A SURVEY OF CURRENT PERIODICAL LITERATURE ADDRESSING FAMILY LAW ISSUESLaura W. Morgan,
Esquire Welcome to FamLawLit, a survey of current periodical literature concerning family law issues, for January 1999. This page provides a synopsis of current law review articles that discuss issues in family law. This month’s Ethics Spotlight will discuss a few ethical issues posed by lawyers as mediators. ~ PRIMARY FAMILY LAW PERIODICALS ~ AMERICAN JOURNAL OF FAMILY LAW (published quarterly; P .A56533) Aspen Law & Business Vol. 12, No. 3 (Winter 1998) (Rec’d 12/21/98) (The following summaries are taken directly from the table of contents of the issue) Gary C. Randall, Innocent Spouse Relief and the IRS Restructuring and Reform Act of 1998 (pages 199-203): Joint and several liability flows from joint federal income tax returns. Community property income creates a separate set of problems. The Internal Revenue Service Restructuring and Reform Act of 1998 addresses both of these problems, but it does not completely absolve a spouse from the tax "sins" of the other spouse. Laura W. Morgan, An Introduction to Attacking Blood Tests in Paternity Cases (pages 204-211): DNA paternity test results, with their often incomprehensible statistics, may seem unassailable. This article explains how attorneys can decipher the data nad successfully attack the results in court. Shannon P. Pratt, Coping with Business Valuation in Family Law (pages 212-217): Binding precedential case law is scarce and statutory law is virtually nonexistent regarding business valuations for marital estate distribution purposes. Thus, the courts have wide discretion in this area, and different jurisdictions take very different positions from one another on business valuation issues. Attorneys and experts do little to help the courts do a better job in this matter. This author suggests ways for family law practitioners to cope with these problems. Joel D. Tenenbaum and Harland S. Tenenbaum, Wrongful Adoption: Recovery by Adoptive Parents for Fraudulent or Negligent Misrepresentations (pages 218-228): Increasingly, adoptive parents are turning to the courts to seek redress for injuries that occur when the duty to disclose necessary information concerning a child to be adopted is violated. Courts in some jurisdictions are recognizing that fairness and sound public policy dictate the award of monetary damages in certain of these cases.
Carolyn R. Wah, The Role of the Mental Health Care Professional in Evaluating a Minor’s Capacity to Select Religious Affiliation (pages 229-246): In situations where the capacity of a minor to choose a religious affiliation is in question, such as in the divorce/custody context, a mental health care professional can objectively evaluation the minor’s decision-making capacity and determine whether the minor is at risk of substantial present or imminent harm as a result of exposure to his or her chosen faith. Astrid Boos-Hersberger, Stepparents’ Custody Rights When the Stepfamily Breaks Up (pages 247-274): Because the number of stepfamilies in this country is increasing, stepparents’ custody rights are fertile soil for litigation. Both stepparents and stepchildren will benefit from a new approach that allows them a continued relationship after divorce. This article provides a history of stepparent rights and a proposal for the future. Linda J. Ravdin, Tips for Protecting Yourself from Malpractice Claims (pages 275-277): The author recommends using softward to enhance record keeping, to protect yourself against malpractice and disciplinary claims, and to improve efficiency. CHILDREN’S LEGAL RIGHTS JOURNAL (ABA Center on Children and the Law and Loyola University Chicago School of Law) (published quarterly; P .C5373) William S. Hein & Company, Inc wsheinco@class.org (800) 828-7571 Special Issue: Children in Corrections James Garbino and Clare Bedard, Is it Self-Defense? A Model for Forensic Evaluation of Juvenile Violence (pages 2-13) Patricia Puritz, In Their Voices (pages 14-17) Margaret Beyer, Mental Health Care for Children in Corrections (pages 18-35) James R. Bell, Juvenile Secure Confinement Facilities (pages 36-47) Joseph B. Tulman and Mary G. Hynes, Enforcing Special Education Law on Behalf of Incarcerated Children: A Blueprint for Deconstruction (pages 48-72) William Ruefle and K. Michael Reynolds, Juvenile Curfews in the 1990s: Policy, Practice and Impact (Commentary) (pages 73-77) Jay A. Morrison, Juvenile Curfews: Unproven, and Unwarranted (Commentary) (pages 78-83) DIVORCE
LITIGATION (published monthly) Ronald W. Nelson, A Comparison of the UCCJA and the New UCCJEA (pages 233-274). EQUITABLE DISTRIBUTION JOURNAL (published monthly; P .E573) National Legal Research Group Joan L. Cobb, Contempt as an Enforcement Mechanism: An explanation of the various types of contempt (coercive, compensatory, punitive), and a review of the availability of contempt to enforce property division obligations. FAIR$HARE (published monthly) Aspen Law & Business Edward Poll, Valuing a Law Practice: A Buy-Sell Perspective (pages 2-5): A change in ethical rules allowing the sale of a law practice will allow attorneys in dissolution actions to assing a value to a law practice that is more realistic, the author states. Sandra W. Jacobson, Taxing Alimony Received Pursuant to an Invalid Agreement or Decree (pages 5-6): The author reviews the law that holds that for purposes of the federal tax statutes, the subsequent declaration of invalidity of a divorce decree does not erase tax liability to a recipient of alimony, known as the Borax rule. Excerpt from Divorce Orders & The Pension Benefit Guarantee Corporation (pages 6-8): A checklist for drafting a QDRO and other QDRO drafting tips. Barbara B. Zulick, Closing the Divorce File (Part I of II): Estate Planning and Retirement Issues (pages 9-12): The first of a two-part checklist of issues the attorney should consider discussing with the client as part of the process of closing a divorce file. American Bar Association Section of Family Law Stephen J. Harhai, Tools of the Trade: Atlas.ti (pages 4-5): A description of Atlas.ti from Scientific Software, a tool to assist in qualitative analysis. Kathleen A. Hogan, Case of the Issue: Professional Degrees Revisited (p0ages 6-7): An examination of Simmons v. Simmons, 244 Conn. 158, 708 A.2d 949 (1998) and In re Marriage of Speirs, 956 P.2d 622 (Colo. Ct. App. 1998), which address reimbursement for contributions to a spouse’s professional degree. Burton Young and Mitchell K. Karpf, Winning Trial Prep (pages 9-11): The authors, lawyers with winning reputations, disclose their four secrets for success in the courtroom: decent facts, preparation, preparation, and more preparation. More specifically: know your judge, know your trial opponent, develop a theme, prepare a trial book, focus attention, and pay attention to your closing. Cary B. Cheifetz, Deposition Strategies (pages 12-15): Winning deposition strategies, including how to prepare a deposition notebook, and how to prepare your witness. Stephen J. Harhai, The Latest Bells and Whistles (pages 17-19): A summary of The Interactive Courtroom (CD-Rom), HotDocs, Lotus Notes, PowerPoint, and Axon Idea Processor. Carroll J. Collins III and Christopher J. Donnelly, Witnesses Tell the Story (pages 21-23): How to let your lay and expert witnesses let the story unfold. Elaine Lewis, The Not-So-Secret Secrets of Good Witnesses (pages 24-26): Taking a cue from Aristotle, the author proposes that a good witness should exhibit ethos, logos, and pathos. Norman M. Sheresky, Dynamic Direct (pages 27-29): Hints on the fine art of staging and storytelling. Suzanne Harris, The Art of the Expert (pages 30-33): How to select, prepare, depose, and lay foundation for, your expert. James J. Jimmerson and Jennifer Leonescu, Cross-Examining the Opposing Expert (pages 34-41): How to effectively cross-examine the opposing expert, by outlining cross, using the expert’s deposition to impeach, and maintaining control at all times. Jami B. Hotsinpiller, Your Honor, I Object! Preserving Error for Review (pages 42-47): Tips on preserving error at the trial level by proper objections, motions to strike, and motions in limine. FAMILY AND CONCILIATION COURTS REVIEW (published quarterly; P .C6533) Association of Family and Conciliation Courts Thea Brown, Margarita Frederico, Lesley Hewitt, and Rosemary Sheehan, Problems and Solutions in The Management of Child Abuse Allegations in Custody and Acess Disputes in the Family Court (pages 431-443): The article summarizes a large research study that investigated the way the Family Court of Australia managed child abuse allegations in custody/visitation cases. Emily B. Visher and John S. Visher, Stepparents: The Forgotten Family Members (pages 444-451): A call by the authors to acknowledge the differences between traditional nuclear families and stepfamilies, and to support stepfamily strengths. Laurie Kramer and Amanda Kowal, Long-Term Follow-Up of a Court-Based Intervention for Divorcing Parents (pages 452-465): This study investigated whether participation in an educational program for divorcing parents is associated with a lower incidence of relitigating divorce issues over time. Daniel J. Hynan, Interviewing Children in Custody Evaluations (pages 466-478): The ways to maximize the accuracy and usefulness of child interviews in child custody evaluations. Mary F. Whiteside, Custody for Children Age 5 and Younger (pages 479-502): The empirical literature concerning the developmental consequences of postdivorce custody arrangements for children age 5 and younger is summarized. FAMILY LAW QUARTERLY (published quarterly) American Bar Association Section of Family Law Patricia M. Hoff, The ABC’s of the UCCJEA: Interstate Child-Custody Practice Under the New Act (pages 267-299): An introduction to the new and improved uniform child custody jurisdiction and enforcement act. Robert G. Spector, Uniform Child-Custody Jurisdiction and Enforcement Act (pages 301-384): The reporter for the Uniform Laws commission offers his comments on the new UCCJEA. John J. Sampson, Uniform Interstate Family Support Act (1996) (pages 385-520): An update of a previous article, explaining the provisions of UIFSA. INTERNATIONAL JOURNAL OF LAW, POLICY &
FAMILY (published quarterly; P .I6786) Margaret Hall, A Ministry for Children: Abandoning the Interventionist Debate in British Columbia (pages 121-145) Catherine Blatier, The Specialized Jurisdiction in France: A Better Chance for Minors (pages 146-160) Debbie S.L. Ong, The Test of Sex for Marriage in Singapore (pages 161-179) Teresa Piconto-Novales, The Application of Spanish Child Welfare Law (pages 180-201) Suzanne Hoelgaard, Cultural Determinants of Adoption Policy: A Colombian Case Study (pages 202-241) JOURNAL OF THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS (published two times per year; P .A551j) American Academy of Matrimonial Lawyers Special Issue: Alternative Dispute Resolution Processes for Family Law Matters Robert D. Benjamin, The Use of Mediative Strategies in Traditional Legal Practice (pages 203-231): A catalog of skills, strategies and techniques that have been observed to aid the facilitatin of settlements in the formla mediation process, and suggestions of ways to systematically intergrate them into the formal practice of law. Beth M. Erickson, Therapeutic Mediation: A Saner Way of Disputing (pages 233-266): The author states that the personal and relational issues that blocked communication in the marriage must be attended to in mediation, or these same dysfunctional communication skills will block successful mediation. Fiona Furlan, Edward Blumstein & David N. Hofstein, Ethical Guidelines for Attorney-Mediators: Are Attorneys Bound by Ethical Code for Lawyers When Acting As Mediators? (pages 267-331): The authors highlight how consideration of the general question of whether mediation constitutes the practice of law impacts on questions of confidentiality, drafting, conflict of interest, and mediation in general. Joan F. Kesler, Allan R. Koritzinsky & Stephen W. Schlissel, Why Arbitrate Family Law Matters? (pages 333-351): The authors discuss the benefits and detriments of matrimonial arbitration, and whether there can be final and binding arbitration of all the issues arising in domestic disputes, especially issues concerning minor children. Mary Kay Kisthardt, The Use of Mediation and Arbitration for Resolving Family Conflicts: What Lawyers Think About Them (pages 353-392): Report of a study conducted in 1996 on what attorneys think of the mediation process. Frank L. McGuane, Jr., Model Marital Arbitration Act: A Proposal (pages 393-417): A proposed model act to address the concerns of attorneys who practice arbitration in family law. Christine Albano, Comment, Binding Arbitration: A Proper Forum for Child Custody? (pages 419-446): The appropriateness of arbitration is custody matters is analyzed, followed by standards for legislation to allow arbitration in child custody matters while ensuring protection of the best interests of the child. Holly Joyce, Comment, Mediation and Domestic Violence: Legislative Responses (pages 447-467): An outline of the arguments regarding the role of mediation should play in the context of domestic violence and an examination of the states’ legislative responses to these positions. JUVENILE AND FAMILY COURT JOURNAL National Council of Juvenile and Family Court Judges Rick Rudell, G. Larry Mays, and Dennis M. Giever, Transferring Juveniles to Adult Courts: Recent Trends and Issues in Canada and the United States (pages 1-15): The authors researched the practice of transferring juvenile offenders to adult courts in Canada and the United States, and the consequences of the policies pursued by the two countries. William Bradshaw and Mark S. Umbreit, Crime Victims Meet Juvenile Offenders: Contributing Factors to Victim Satisfaction With Mediated Dialogue (pages 17-25): The results of studies showing higher levels of victim satisfaction with the victim offender mediation process. Patrick Yewell, Deborah Williamson, Michael Cornwall, and Paul Knepper, The Road to
Court Improvement in Child Protection Cases: A Comment (pages 27-39): A report on the
State Court Improvement Program funded by Congress in 1993.
SPECIAL SYMPOSIA OF INTEREST Cloning: Public Policy in Legal, Religious, and Philosophical Perspective, 32 Valparaiso University Law Review (Spring 1998) OTHER PERIODICALS (Alphabetical by author) Debra Baker, Beyond Ozzie and Harriet (Developments in Domestic Relations Law), 84 ABA Journal 58 (Sept. 1998) Sherlynn Fiandaca, In Vitro Fertilization and Embryos: The Need for International Guidelines, 8 Albany Law Journal of Science and Technology 337-404 (Fall 1998) Manvinder Gill, Protecting the Abused Child, 18 Journal of Juvenile Law 67-83 (Annual 1997) Marilyn G. Hakim, Mother v. Fetus: New Adversaries in the Struggle to Define the Rights of Unborn Children, 18 Journal of Juvenile Law 99-111 (Annual 1997) Kimberly T. Lee, Biological Father’s Constitutional Right to Withhold Consent for a Third-Party Adoption of His Child, 18 Journal of Juvenile Law 151-166 (Annual 1997) Kathryn E. Maxwell, Preventive Lawyering Strategies to Mitigate the Detrimental Effects of Clients’ Divorces on Their Children, 67 University of Puerto Rico Law Review 137-164 (Winter 1998) Joyce E. McConnell, Securing the Care of Children in Diverse Families: Building on Trends in Guardianship Reform, 10 Yale Journal of Law and Feminism 29-67 (Summer 1998) Twila L. Perry, Transracial and International Adoption: Mothers, Hierarchy, Race, and Feminist Legal Theory, 10 Yale Yournal of Law and Feminism 101-164 (Summer 1998) Toni Robinson & Mary Ferrari, The New Innocent Spouse Provision: "Reason and Law Walking Hand in Hand"?, 80 Tax Notes 835-849 (August 17, 1998) Leslie Herndon Spillane, Spousal Support: The Other Ohio Lottery, 24 Ohio Northern University Law Review 281-355 (Spring 1998) 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. Index of Fam-Law-Lit Issues |