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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 February 1999 This page provides a synopsis of current law review articles that discuss issues in family law. There will be no Ethics Spotlight this month; next month we will present a somewhat longer ethics spotlight dealing with lawyer advertising on the internet. ~ 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) Laura W. Morgan, It’s Ten O’Clock: Do You Know Where Your Sperm Are? (pages 1-10): The author takes as a starting point a recent case in which a man sued a woman for "wrongfully converting" his biological material, to wit, his sperm, in an effort to avoid child support, and surveys the cases in which fathers were found liable for child support despite lies or misrepresentations as to contraception and/or fertility. David L. Levey, Neutral Site Visitation for Warring Parents (pages 10-12): An overview of the new trend in neutral site visitation for parents who cannot get along. Maryann Conway, The Grieving Process in Divorce: A Paradigm for Family Law Attorneys (pages 13-18): Practical advise for divorce attorneys to help their clients with the grieving process of lost love. EQUITABLE DISTRIBUTION JOURNAL (published monthly; P .E573) National Legal Research
Group Vol. 16, No. 1 (January 1999) unavailable at this time FAIR$HARE (published monthly) Aspen Law & Business Vol. 19, No. 1 (January 1999) (rec’d 1/20/99) Melvyn B. Frumkes, Interest Payments on Deferred Payouts Can Be Deductible (pages 2-3) Lowell V. Getz, Application of Discounts and Premiums When Valuing A/E Firms (pages 4-5) Barbara B. Zulick, Closing the Divorce File (Part II of II): Insurance and Credit Issues (pages 6-9) Sondra I. Harris, Primer of Artificial Reproduction Technology Techniques (page 14) 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 Law, Feminism, and the Twenty-First Century, 50 Maine Law Review (July 1998) Should The Family Be Represented As An Entity?, 22 Seattle University Law Review (Summer 1998) Law and Politics of Marriage: Loving v. Virginia After 30 Years, 47 Catholic University Law Review (Summer 1998) OTHER PERIODICALS (Alphabetical by author) Eric G. Anderson, Children, Parents, and Non-parents: Protected Interests and Legal Standards, 1998 Brigham Young University Law Review 935-1002 (Summer 1998) Bradley J. Betlach, The Unconstitutionality of the Defense of Marriage Act: Ignoring Judgment, Restricting Travel and Purposeful Discrimination, 24 William Mitchell Law Review 407-456 (Spring 1998) Margaret F. Brinig and F. H. Buckley, No Fault Laws and At-Fault People, 18 International Review of Law and Economics 325-340 (September 1998) Roger C. Clapp, Family Law Disputes Cry Out For Mediated Settlement, 53 Dispute Resolution Journal 34 (May 1998) Charmel L. Cross, The Existing Indian Family Exception under the Indian Child Welfare Act of 1978, 26 Capital University Law Review 847-892 (Fall 1997) Donald C. Dilworth, Visitation and Custody Battles Aren’t Just for Parents Anymore, 34 Trial 100 (September 1998) Ira Mark Ellman and Sharon L. Lohr, Dissolving the Relationship Between Divorce Laws and Divorce Rates, 18 Journal of Law a International Review and Economics 341-359 (September 1998) Craig Fleishman, Sexual Relations Between Lawyers and Clients, 34 Trial 46 (October 1998) J. Michael Keel, Law and Religion Collide Again: The Priest-Penitent Privilege in Child Abuse Reporting Cases, 28 Cumberland Law Review 681-714 (Spring 1998) Kathleen Nemechek, Child Preference in Custody Decisions: Where We Have Been, Where We Are Now, Where We Should Go, 83 Iowa Law Review 437-469 (January 1998) Patricia Novotny, Same-sex Marriage: The State of the Law, 52 Washington State Bar News 14 (September 1998) Peggy L. Podell, Federal Tax Returns: A Discovery Tool for Family Lawyers, 16 The Complete Lawyer No. 1 at 29 (Jan./Feb. 1999) Tina Steward Quinn and Tonya K. Flesher, Deductibility of Interest Paid to Former Spouse, 186 Journal of Accountancy 19 (October 1998) Burgess J.W. Raby and William L. Raby, Recent Cases on Federal Taxation of Community Property, 81 Tax Notes 235-238 (October 12, 1998) Jill C. Robertson, Addressing Domestic Violence in the Workplace: An Employer’s Responsibility, 16 Law & Inequality: A Journal of Theory and Practice 633-660 (Summer 1998) Edward S. Snyder, Defending the Matrimonial Deposition: Tips for the Client and the Lawyers, 9 The Practical Litigator 25-30 (January 1998) Cindy Tobisman, Marriage vs. Domestic Partnership: Will We Ever Protect Lesbian Families?, 12 Berkeley Women’s Law Journal 112-118 (Annual 1997) Victor I. Vieth, Passover in Minnesota: Mandated Reporting and the Unequal Protection of Abused Children, 24 William Mitchell Law Review 131-168 (Winter 1998) Lynn D. Wardle, The Defense of Marriage Act: Protecting Federalism in Family Law, 45 The Federal Lawyer 30 (February 1998) Lynn D. Wardle, Legal Claims for Same-Sex Marriage: Efforts to Legitimate a Retreat From Marriage, 39 South Texas Law Review 735 (June 1998) Laura Wheaton, Low Income Families and the Marriage Tax, 81 Tax Notes 125-129 (October 5, 1998) Sandra Zaher, The Feminization of Family Mediation, 53 Dispute Resolution Journal 36 (May 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
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