 |
Please visit this month's sponsor:
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 1998. This page provides a synopsis of current law review articles that discuss issues in family law. ~ PRIMARY FAMILY LAW PERIODICALS ~
AMERICAN JOURNAL OF FAMILY LAW Bruce L. Richman, Taxpayer Relief Act of 1997: A Summary of Provisions Affecting the Divorce Practitioner: A review of the Taxpayer Relief Act of 1997, focusing on capital gains, gain on principal residence, child tax credit, innocent spouse rules, education tax incentives, and deduction for interest paid on higher education loans. Gary Shulman, QDROs of Last Resort: Problems with the Government's Model QDRO: A critique of the model QDRO released by the Pension Benefit Guaranty Corporation. Honorable John N. Kirkendall, Setting Up a Family Court: His honor relates experience in Washtenaw County, Michigan, in setting up a unified family court David H. Kelsey, Ten Ways Lawyers and Psychologists Can Work Together: The author presents ten ways lawyers and psychologists can work together in the preparation of a case, comprising five primary principles for lawyers and psychologists, three simple principles for lawyers, and two principles for psychologists. Richard P. Bricken and Diana M. Schobel, Attorney Advertising and the First Amendment: The authors suggest that the United State's Supreme Court's failure to define the permissible scope of attorney advertising has inappropriately transformed the standard from the public's right to know to the attorney's right to advertise. The authors conclude that the task for evaluating attorney advertising should be returned to the states.
CHILDREN'S LEGAL RIGHTS JOURNAL Carol Daugherty Rasnic, European Domestic Secondary Legislation: A Better Route for the American Student?: The author, drawing on her own experiences, suggests ways which might assure that a child's individual talents and aspirations are more realistically directed into the appropriate and desired career path, and further proposes that college or university study is not appropriate for all children. Julie Dworkin and Les Brown, Organizing Homeless Youth: A Strategy for Change: The authors propose that state child welfare systems have failed to assure that adolescent wards have a stable environment, and that advocate systems must step in to increase funding for homeless youth programs. Stephen Post, Patricia Frutig, and James Bennet, Children at Risk: A Moral Assessment of Protective Policies: The authors assert that for child protective services to work, there must be a social commitment to all children, parental responsibility for children that is defined, a wider definition of what constitutes a child "at risk," and a willingness to forego family preservation when the well-being of the child is compromised. Thus, foster care and adoption should be utilized on a greater basis. William S. Geimer, Abusing Abuse Evidence: Professor Dershowitz Knows Better: The article is devoted to illustrating the difficulty of the law's effort to accommodate evidence that a criminal defendant was a victim of abuse, and the author seeks to enlist the help of the legal community in avoiding the unjust consequences that will result if an indifferent public consigns the difficult matter to ridicule under the heading "the abuse excuse." (ABA Center on Children
DIVORCE LITIGATION (National Legal Research Group) Laura W. Morgan, The Biological Father's Challenge to an Adoption: Further Considerations of Baby Richard: The author surveys the current law, post Baby Richard, concerning a biological father's right to challenge an adoption where he claims he was unaware of the adoption. Laura W. Morgan, Wrongful Adoption: The author surveys the various tort actions brought against adoption agencies and adoption intermediaries for misrepresentation or failure to disclose a child's mental and physical health.
EQUITABLE DISTRIBUTION JOURNAL (National Legal Research Group) Joan L. Cobb, Oral Agreements - Validity: The author surveys case law addressing the validity and enforceability of oral post-nuptial agreements and oral separation agreements.
FAIR$HARE (Aspen Law & Business) David B. Yavitz, Databases for Matrimonial Attorneys: The author suggests software to write custom databases and gives hints on creating custom databases. John Nichols, Oral Argument: Strategies and Alternatives (Part II of IV): How to tailor oral argument for the particular appellate panel, and how to outline and use visual aids in oral argument. Kalman A. Barson, Is It Time to Bury Revenue Ruling 68-609?: The author suggests that Revenue Ruling 68-609, how to value a closely held business, is too subjective, and suggests alternative approaches to valuation. Honorable Anne Kass, Splitting Siblings on Divorce: The judge suggests that in any parenting plan that proposes splitting siblings, a psychologist should approve the separation.
FAMILY ADVOCATE (American Bar Association Family Law Section) Cheryl S. Karner, Relocation: What Ought to Be: The author, a judge in Ohio, sets forth standards for parental relocations cases. Richard M. Bryan, Beyond Burgess (California): One Year Later: The author surveys the law in California concerning custodial parent relocation. Norma Levine Trusch, A Panoramic View of Relocation: The author sets forth the standards for custodial parent relocation, setting in the wider context of a mobile society. Hanley M. Gurwin, Settling Relocation Issues Through ADR: The author, a divorce mediator in Michigan, sets forth how to resolve relocations issues without resorting to trial. Samuel Roll, How a Child Views the Move: The author assesses the psychological impact of a move on the children at issue. Sandra Morgan Little, A Move In the Right Direction: The author, a practicing attorney in New Mexico, surveys the current trends in custodial parent relocation law, concluding that the law is in keeping with the best interests of all parties. Bradley A. Grundy, The Trial: Proposing Relocation: The author presents tips on how to argue in favor of custodial parent relocation. Dorene Marcus & Jeffrey I. Garfinkel, The Trial: Opposing Relocation: The authors present tips on how to argue against custodial parent relocation. Kathleen A. Hogan, The Duties and Rights of Parenthood: How the law of custodial parent relocation fits in to the larger scheme of parental rights and duties.
FAMILY AND CONCILIATION COURTS REVIEW Kevin M. Kramer, Jack Arbuthnot, Donald A. Gordon, Nicholas J. Rousis, and Joann Hoza, Effects of Skill-Based Versus Information Based Divorce Education Programs on Domestic Violence and Parental Communication: The authors compared two divorce education programs: the skill-based "Children in the Middle," and the information based "Children First in Divorce." The authors compared the programs in terms of efficacy in reducing domestic violence and increasing parenting skills. Geoffrey L. Grief, Many Years After the Parental Abduction: The article reports on information in 48 families who have been followed for a number of years after the recovery of a missing child. Irene M. Cohen, Postdecree Litigation: Is Joint Custody to Blame?: The Joint Symposium Project examined 600 court files in five jurisdictions to investigate the common perception that joint custody contributes significantly to relitigation rates. The authors conclude that this perception is false. Steven L. Abel, Social Security Benefits: The Last Insult of a Sexist Society: The author concludes that for many retiring women, getting just half as much Social Security as their husbands is just one more insult from a sexist society that depresses women's wages. Nicole Pedone, Lawyer's Duty to Discuss Alternative Dispute Resolution in the Best Interests of the Children: The author, co-winner of the law school essay contests, concludes that the ethical rules should be revised to require attorneys to discuss ADR with their clients.
FAMILY LAW QUARTERLY (American Bar Association Section of Family Law) Margaret Howard, A Bankruptcy Primer for the Family Lawyer: The author provides an overview of the bankruptcy system, focusing on that part that family lawyers are most likely to encounter, highlighting those respects in which family claimants enjoy most favored creditor status. Margaret Dee McGarity, Avoidable Transfers Between Spouses and Former Spouses: The article focuses not on interspousal conflict, i.e., what is dischargeable, but on transfers between spouses and former spouses that might be recoverable by a trustee for the estate, with the emphasis on the bankruptcy trustee obtaining assets, not on objecting to the discharge on account of the transfers. Bernice B. Donald and Jennie D. Latta, The Dischargeability of Property Settlement and Hold Harmless Agreements in Bankruptcy: An Overview of § 523(a)(15): A review of the history of § 523(a)(15) of the Bankruptcy Code, which changed the law of bankruptcy in making marital debts presumably nondischargeable, and how to litigate under this section. Richard H.W. Maloy, Using Bankruptcy Court to Modify Domestic Relations Decrees: Problems Created by § 523(a)(15): A review of the case law under § 523(a)(15) of the Bankruptcy Code and the ambiguities that exist in the case law. Michaela M. White, The Procedural Plight of the Property Settlement Creditor: How to navigate around § 523(a)(15) when an ex-spouse has filed for bankruptcy. Allen M. Parkman, The Dischargeability of Post-Divorce Financial Obligations Between Spouses: Insights from Bankruptcy in Business Situations: The author takes the position that none of the financial obligations of ex-spouses should be dischargeable in bankruptcy, demonstrating his thesis with illustrations from the business world. Sheryl Scheible Wolf, Divorce, Bankruptcy, and Metaphysics: Avoidance of Marital Liens Under § 522(f) of the Bankruptcy Code: The article focuses on the mechanics and theories of marital lien avoidance, focusing on Farrey v. Sanderfoot, the United States Supreme Court case and the amendments to § 522(f) of the Bankruptcy Code. Daniel W. Shuman, What Should We Permit Mental Health Professionals to Say About "The Best Interests of the Child"?: An Essay on Common Sense, Daubert, and the Rules of Evidence: The author examines the seeming contradiction between increased judicial control and scrutiny of expert testimony, and continued judicial reliance on expert testimony in child custody and visitation cases. Melissa Rothstein, The Defense of Marriage Act and Federalism: A States' Rights Argument in Defense of Same-Sex Marriage: The author states that the Defense of Marriage Act is unconstitutional because it infringes on fundamental principles of federalism. Susan Higgenbotham, "Mom, Do I Have to Go to Church?": The Noncustodial Parent's Obligation to Carry Out the Custodial Parent's Religious Plans: The author concludes that a court may require a noncustodial parent to carry out the wishes of the custodial parent regarding religious upbringing only when the best interests of the child demand it. J. Allan Cobb: What Happens When Cyberspace Is Used to Lure Children into Sexual Relations - A Brief Look at Important Federal Venue Provisions: The article analyzes federal venue issues concerning child sexual abuse crimes which occur or are initiated in cyberspace, specifically discussing federal venue statutes concerned with sexual abuse crimes committed across state lines.
INTERNATIONAL JOURNAL OF LAW, POLICY & FAMILY Ira Mark Ellman, The Misguided Movement to Revive Fault Divorce, and Why Reformers Should Look Instead to the American Law Institute: The article examines the current debate about whether to discard no-fault divorce, and concludes there is little evidence that pure no-fault laws have any negative effects on marriage, and that increased waiting periods do more harm than good. The article also concludes that recent proposals by the American Law Institute for reforming property and alimony laws would be of little effect if fault were revived.
JOURNAL OF THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS Unavailable
UNIVERSITY OF LOUISVILLE JOURNAL OF FAMILY LAW Robert Kraimer, Preconception Fertilization Agreements: Valid or Void?: The author notes that in some states, Virginia for example, surrogacy contracts are not void per se; rather, they are regulated by statutory provisions that provide couples may enter into such agreements with preconception court approval. The author opines on whether such contracts should be encouraged as a matter of public policy. Melanie A. Kennedy, Information Superhighway: Parental Regulation, The Best Alternative: The author discusses the recent efforts by Congress to regulate the internet, and concludes that regulation of cyberspace, like regulation of print media, is best left to parents.
UNIVERSITY OF LOUISVILLE JOURNAL OF FAMILY LAW Unavailable, but previewed by the publisher as follows: Kupenda, Two Parents are Better Than None: Whether Two Single, African American Adults Should Be Allowed to Jointly Adopt and Co-parent African American Children Arriola, Law and the Family of Choice and Need Marcosson, The Lesson of the Same-Sex Marriage Trial ~ OTHER PERIODICALS ~
ALBANY LAW JOURNAL OF SCIENCE AND TECHNOLOGY Andrea Corvalan, Fatherhood After Death: A Legal and Ethical Analysis of Posthumous Reproduction: The article focuses on whether sperm can be considered "property," whose procreative rights are affected and how the donor's intent to procreate posthumously is determined, and what sort of governmental regulations best address these issues.
ABA JOURNAL Pamela Coyle, A Parent's Moving Checklist: A review of the law concerning custodial parent relocation, particularly Louisiana's new law modeled on the draft proposed by the American Academy of Matrimonial Lawyers.
AMERICAN UNIVERSITY JOURNAL OF GENDER AND THE LAW Thomas S. Hixson, Public and Private Recognition of the Families of Lesbians and Gay Men: The article analyzes the various ways in which gays and lesbians have succeeded in gaining public, i.e., legal, and private recognition for their families.
BUFFALO LAW REVIEW Catherine E. Vance, Till Debt Do Us Part: Irreconcilable Differences in the Unhappy Union of Bankruptcy and Divorce: The author concludes, after reviewing the differing public policies behind divorce and bankruptcy, that the two areas of law will forever be in conflict.
DEFENSE LAW JOURNAL Ira Mark Ellman and Stephen Sugarman, Spousal Emotional Abuse as a Tort?: An examination of the expansion of domestic tort law, with the conclusion that spousal emotional abuse is a recognized tort.
ILLINOIS BAR JOURNAL H. Joseph Gitlin, No Standing to Adoption Unless Parents Are Found Unfit: Would it Prevent Baby Richard II?: The author queries whether a judge-made rule denying an unrelated person standing to file an adoption petition before a court has found the biological parents unfit would do a better job than current law in preventing a Baby Richard case, but opines the cost would be too high.
JUDICATURE: JOURNAL OF THE AMERICAN JUDICATURE SOCIETY Lynn Hecht Schafran, Adjudicating Allegations of Child Sexual Abuse When Custody is in Dispute: A summary of the model judicial education curriculum entitled "Adjudicating Allegations of Child Sexual Abuse When Custody is in Dispute," developed by the National Judicial Education Program in collaboration with the American Bar Association Center on Children and the Law.
UNIVERSITY OF CALIFORNIA AT DAVIS LAW REVIEW Adair Dyer, The Internationalization of Family Law: The author, Deputy Secretary General of the Hague Conference on Private International Law, describes the development of international norms for resolving family law disputes, through the preparation of international treaties. Peter H. Pfund, The Hague Intercountry Adoption Convention and Federal International Child Support Enforcement: The author, Assistant Legal Adviser for Private International Law, United States Department of State, discusses the latest Hague Convention regarding children, the Intercountry Adoption Convention, and its likely implementation in the United States.
UNIVERSITY OF ILLINOIS LAW REVIEW Unavailable, but previewed by the publisher as follows: Linda Elrod, Child Support Reassessed: Federalization of Enforcement Nears Completion Marygold S. Melli, Child Custody in a Changing World: A Study of Postdivorce Arrangements in Wisconsin Ira Mark Ellman, Marriage as a Contract, Opportunistic Violence, and Other Bad Arguments for Fault Divorce Harry D. Krause, No Longer Following the Rule of Thumb - What to Do With Domestic Torts and Divorce Claims J. Thomas Oldham, ALI Principles of Family Dissolution: Some Comments Lynn Wardle, The Potential Impact of Homosexual Parenting of Children
UNIVERSITY OF MISSOURI AT KANSAS CITY LAW REVIEW Jean Peters-Baker, Punishing the Passive Parent: Ending a Cycle of Violence: The author proposes that the only way to end the cycle of child abuse, whereby abused children become abusive parents, is to punish not only those parents who actively abuse children but also those parents who allow the other parent to abuse his/her children, either intentionally or negligently. ~ INTERNET RESOURCES ~
FAMILY LAW IN THE NEWS FAMILY LAW ARTICLES ON THE NET "An Evaluation of Post-Secondary Educational Support on a State by State Basis" "Summary of 1997 California and Federal Statutes Affecting the Practice of Family Law" 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
and LawTek Media Group, LLC all rights reserved 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 IssuesFamily Law Advisor® HOME PAGE |