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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 March 1999 This page provides a synopsis of current law review articles that discuss issues in family law. This month's Ethics Spotlight will address one particular aspect of legal ethics and the internet: malpractice liability for information contained on a lawyer's website. ~ 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) Brett R. Turner, Construction and Enforcement of College Tuition Provisions in Separation Agreements (pages 21-32): Covering such common construction issues as what type of institution is covered, the duration of payment, and types of expenses covered. Mark C. Lino, The Use of Economic Data in Child Support Guidelines: The United States Department of Agriculture's Expenditures on Children (pages 33-37): An overview on how the USDA produces its annual Expenditures on Children figures. Brett R. Turner, The Effect of Improvements Upon Classification of Hybrid Property in Equitable Distribution Cases (pages 38-42): How the courts treat improvements to hybrid property: as a contribution to the value of the asset, or as a distinct asset unto itself. EQUITABLE DISTRIBUTION JOURNAL (published monthly; P .E573) National Legal Research
Group [not available] FAIR$HARE (published monthly) Aspen Law & Business Shannon Pratt, Discretionary Earnings Valuation Method for Smaller Companies (pages 2-4): An explanation of "the multiple of discretionary earnings method" of valuation for small companies. Willard H. DaSilva, New Dimensions in Separation Agreements (pages 5-7): New issues to watch for in separation agreements. Robert G. Spector, The Razor's Edge: New Domestic Tort Developments (pages 7-8): New cases considering the "entire controversy" doctrine and the constitutionality of the Violence Against Women Act. (NB: Since Professor Spector wrote this article, VAWA was held unconstitutional by the 4th Circuit Court of Appeals.) George P. Roach, Texas: A Mistaken Assumption that Reduces Commercial Goodwill (pages 9-11): An explanation that under Texas law, valuation must take into consideration that a spouse cannot compete. Hon. Gerald W. Hardcastle, Reflections on Process (pages 16-17): Get it over, be in charge, and get along. Sage words to live by. American Bar Association Section of Family Law Stephen J. Harhai, Tools of the Trade: Easing Into The Internet (pages 4-6): Getting the lingo, and gearing up for e-mail, searches, and high-speed connections. Joanne Ross Wilder, An Eye For Discovery (pages 9-11): Creating a plan for discovery. Patricia Apy, Distant Discovery (pages 13-15): Gathering evidence from across the country and around the world. Linda Blackwelder Pall, Objections in Discovery (pages 17-19): Knowing when and how to object to discovery requests. Charles C. Shainberg, When Corporate Records Do Not Compute (pages 21-25): Figuring out corporate records. Marshal Willick, Military Pay Centers (page 24): How to get information about military members. Custody Interrogatories, Production Requests, and Requests to Admit, and Parenting Assessment Form (pages 26-32): Forms provided. Financial Case Interrogatories, Production Requests, Requests to Admit (pages 33-46): Forms provided. 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 E. Apy, Introduction to Selected Topics in International Law for the Family Practitioner (pages 521-523): An introduction to the special issue. Gary Caswell, International Child Support - 1999 (pages 525-556): Identifying international cases and the primary legal issues they present, how to deal with those issues, and the role of the US federal government. Glen Skoler, Ph.D, A Psychological Critique of International Child Custody and Abduction Law (pages 557-602): The lack of international law to recognize parental alienation syndrome or other psychological abuses is discussed. Marilyn Freeman, The Effects and Consequences of International Child Abduction (pages 603-621): A review of the research and literature on this topic. Heather K. McShain, For Better or for Worse? A Closer Look at Two Implications of Covenant Marriage (pages 629-640): The dark side of the reintroduction of fault into divorce. Carla M. Oliveira, The Many Applications of Qualified Domestic Relations Orders (pages 641-647): The use of QDROs beyond the pension contest. David Berek, ERISA Preemption of Welfare Plan Designations: Now Is the Time for Legislation to Aid the Family Lawyer with a New Welfare Plan QDRO (pages 649-659): A call for Congress to enact legislation that would allow QDROs for welfare benefits. INTERNATIONAL
JOURNAL OF LAW, POLICY & FAMILY (published
quarterly; P .I6786) CGS Tan, We Are Registered: Actual Processes and the Law of Marriage in Singapore (pages 1-32): A common phenomenon in Singapore is the early registration of marriage followed, somewhat later, by a customary or religious wedding ceremony and the setting up of a new family unit. This article examines the law's response to this phenomenon and the attitudes of those to whom the law is appied. It seeks to understand both the gap and the interaction between the two. R Mickman, Dicrimination Against Same-Sex Couples (pages 33-51): The article summarizes the facts in the case of Rosenberg et al. v. Canada, which gave rise to the Ontario Court of Appeals decision extending the definition of "spouse" under the Federal Income Tax act to include partners of lesbians and gay men for the purposes of survivor pension benefits. It also discusses the implications of that decision against the backdrop of discrimination against lesbians and gays in Canadian tax law. M Murayama, Does a Lawyer Make a Difference? Effects of a Lawyer on Mediation Outcome in Japan (pages 52-77): The paper investigates how the legal representation of parties in mediation affects the process and outcome. The findings indicate that representation empowers a weaker party, typically the wife. R Edwards, V Gillies and JR McCarthy, Biological Parents and Social Families: Legal Discourses and Everyday Understandings of the Position of Step-Parents (pages 78-105): The paper examines children's need for both a biological family and a social family, and how in stepparent/stepchild families, these needs may come into conflict. 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. 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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