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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 February 2000. This page provides a synopsis of current law review articles that discuss issues in family law. There will be no “Ethics Spotlight” this month. ~ 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) Laura W.
Morgan, What Constitutes Emancipation to Release a Parent from a
Child Support Obligation (pages 1-10) Laura W.
Morgan, Inheritances as “Income” for Purposes of Child Support
(pages 11-12) Laura W.
Morgan, Interest on IRAs as “Income” for Purposes of Child
Support (pages 13-14) Case
Notes (pages 14-16) EQUITABLE
DISTRIBUTION JOURNAL (published monthly; P .E573) Michael W. Morgan, Tracing
Through Joint Bank Accounts (pages 1-5) In the Courts (pages 6-12) FAIR$HARE
(published monthly) unavailable FAMILY
ADVOCATE Managing Your Family Law
Practice Larry Rice, Firm Advice:
How to Hire, Retain, and Motivate Your Staff (page 10) Rosaire Nottage, In Search
of Wonder Woman, Peter Pan, and Superman: A 21st Century
Guide to Hiring Lawyers (page 16) Charles J. McEvily, Creative
Casting: Recruiting Part-time, Flex-time, and Contract Employees
(page 22) Jonathan A. Segal, Do Ask
& Do Tell (page 26): Firm policies on sexual harassment Lawrence M. Kohn, Ten
Time-Management Tips (page 30) Louis Parley, Managing on
the Straight and Narrow (page 32): Sidestepping ethical sinkholes in
everyday practice Ron Anteau and Paula Wolff, Keeping
Secrets Secret (page 38): Safeguarding client confidentiality Joseph N. DuCanto, It’s
Not Safe (page 41): Law office security Patricia Garity Smits, Technology Tales (page 43): What family law attorneys are saying about computers, the Internet, and more FAMILY
AND CONCILIATION COURTS REVIEW (published quarterly; P .C6533) Special Issue: Mediation 2000: Training Mediators for the 21st
Century George Thomson, The Second Annual Meyer Elkin Address: The
Changing Family in the New Millennium (pages 10-16) Forrest S. Mosten, Introduction:
Mediation 2000: Training Mediators for the 21st Century
(pages 17-26) Lela P. Love, Training Mediators to Listen: Deconstructing
Dialogue and Constructing Understanding, Agendas, and Agreements
(pages 27-40) Sally Ganong Pope and Robert A. Baruch Bush, Understanding Conflict
and Human Capacity: The Role of Premises in Mediation Training (pages
41-47) L. Randolph Lowry, To Evaluate or Not: That is Not the Question!
(Pages 48-61) Mary Elizabeth Lund, A Focus on Emotion in Mediation Training
(pages 62-68) Lisa Parkinson, Mediating with High-Conflict Couples (pages
69-76) Joseph B. Stulberg, Trainer Accountability (pages 77-86) John Wage, Reinventing the Pyramid: A Process for Teaching and
Learning in Mediation Courses (pages 87-105) Andrew Schepard, Model Standards of Practice for Divorce and
Family Mediators Preface to the Draft Model Standards (pages
106-109) Model Standards of Practice for Divorce and Family Mediators
(pages 110-122) Jessica Pearson and Nancy Thoennes,
Supervised Visitation: The Families and Their Experiences
(pages 123-142) Thomas Bishop, Book Review: The Custody Wars, by Mary Ann Mason
(pages 143-146) 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 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: Valuation Laurence J. Cutler & Samuel V. Schoonmaker IV, Division and
Valution of Speculative Assets: Reasoned Adjudication or Courthouse
Confusion? (Pages 257-314): A survey of court decisions relation to
inclusion of assets for division, focusing on when courts deem an
interest too speculative for inclusion. Jay E. Fishman & Bonnie O’Rourke, Value: More Than a
Superficial Understanding is Required (pages 315-335): An
explanation of the assumptions used in the standard of value used in
estimating value of a closely held business. Katherine A. Kinser & R. Scott Downing, Family Law Issues that
Impact the Professional Athlete (pages 337-374): Various issues that
arise in the representation of the professional athlete, including
contract bonuses, paternity claims, and alimony. Jerry Reiss & Michael R. Walsh, Post-Retirement Medical
Benefits: A Not-So-Certain Property Right (pages 375-390): Separate
or marital? It depends. Christopher A. Tiso, Are Contingency Fee Caess Part of the Marital
or Communal Estate? (Pages 391-410): Whether an attorney spouse’s
interest in work in progress on a contingency fee case constitutes part
of the marital/communal estate. Lynn Curtis, Comment, Valuation of Stock Options in Dividing
Marital Property Upon Dissolution (pages 411-441): Classifying and
dividing stock options. Susan J. Prather, Comment, Characterization, Valuation, and
Distribution of Pensions at Divorce (pages 443-464): Dividing
pensions. Lynn Weddle Judkins, Comment, The Road to Splitsville (pages
465-494): Framing possible valuation arguments that may be overlooked. Helga White, Comment, Professional Goodwill: Is It a Settled
Question or is There Value in Discussing It? (pages 495-534): A
survey of professional goodwill cases. Nancy Levit, Valuation of Marital Assets Annotated Bibliography (pages 535-586) THE JOURNAL OF LAW & FAMILY STUDIES 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)
27 Fordham Law Journal No. 2 (December 1999): Queer Law 1999: Current Issues in Lesbian, Gay, Bisexual And Transgendered Law OTHER ARTICLES OF INTEREST (Alphabetical by author) Catherine Moseley Clark, Imputing Parental Income in Child Support
Determinations: What Price For a Child's Best Interest?, 49 Catholic University
Law Review 167 (Fall 1999) Jennifer Hodges, Thursday's Child: Litigation Over Possession of
Cryoopreserved Embryos as a Call For Legislation, 40 Santa Clara
Law Review 257 (1999) Susan Kerr, Post-Mortem Sperm Procurement: Is It Legal?, 3 DePaul
Journal of Health Care 39 (Fall 1999) Angela Mae Kupenda, Law, Life And Literature: Using Literature And
Life to Expose Transracial Adoption Laws as Adoption on a One-way Street,
17 Buffalo Public Interest Law Journal 43 (1998-1999) Mia M. McFarlane, Mandatory Reporting of Domestic Violence: An
Inappropriate Response for New York Health Care Professionals, 17 Buffalo
Public Interest Law Journal 1 (1998-1999) David D. Meyer, Family Ties: Solving The Constitutional Dilemma of
The Faultless Father, 41 Arizona Law Review 753 (Fall 1999) Laurence C. Nolan, "Unwed Children" and Their Parents
Before the United States Supreme Court from Levy to Michael H.: Unlikely
Participants in Constitutional Jurisprudence, 28 Capital
University Law Review 1 (1999) James R. Ratner, Community Property, Right of Survivorship, and
Separate Property Contributions to Marital Assets: An Interplay 41 Arizona
Law Review 993 (Winter 1999) E. Gary Spitko, The Expressive Function of Succession Law and the
Merits of Non-marital Inclusion, 41 Arizona Law Review 1063
(Winter 1999) David M. Zlotnick, Battered Women & Justice Scalia, 41 Arizona
Law Review 847 (Fall 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 © 2000 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. |