FAM-LAW-LIT: A SURVEY OF CURRENT PERIODICAL LITERATURE ADDRESSING FAMILY LAW ISSUES

Welcome to FamLawLit, a survey of current periodical literature concerning family law issues, for April 1999 This page provides a synopsis of current law review articles that discuss issues in family law.

This month's Ethics Spotlight will the attorney's ethical duty of candor to the tribunal.

~ PRIMARY FAMILY LAW PERIODICALS ~

AMERICAN JOURNAL OF FAMILY LAW (published quarterly; P .A56533)

Aspen Law & Business
1185 Avenue of the Americas
New York, NY 10036

Vol. 12, No. No. 4 (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.

BRANDEIS JOURNAL OF FAMILY LAW
Univerisity of Louisville (Kentucky), Brandeis School of Law
Vol. 36, No. 4 (Winter 1997-98)

Paul Knepper and Shannon M. Barton, Statewide Cross-Training as a Means of Court Reform in Child Protection Proceedings (pages 511-550): The authors advocate training of all child advocates on a state-wide basis.

Rosalie R. Young, The Search for Counsel: Perceptions of Applicants for Subsidized Legal Assistance (pages 551-583)

Michael Lawrence Goodwin, An Eyeful for an Eye: An Argument Against Allowing the Families of Murder Victims to View Executions (pages 585-608)

Michael A. Pike, Restriction of Parental Rights to Home Births Via State Regulations of Traditional Midwifery (pages 609-625)

Landra Ewing, When Going to School Becomes an Act of Courage: Students Need Protection From Violence (pages 627-648)

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
1285 Main Street
Buffalo, New York 14209-1987
Vol. 18, No. 3 (Summer 1998) (rec'd 12/31/98)

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)

National Legal Research Group
2421 Ivy Road
Charlottesville, Virginia 22909
Vol. 11, No. 3 (March 1999)

Brett R. Turner, Contract Law 101: Basic Principles of Law for Construing Separation Agreements (pages 45-59): The author takes cases dealing with separation agreements and discusses how the courts apply basic contract law principles to these special agreements.

Case Notes (pages 60-64): A roundup of the very latest cases of concern to family law practitioners, including Kumho Tire Co. v. Carmichael (U.S. Sup. Ct.); Wood v. McGrath (Nebraska Supreme Court); Anonymous v. Anonymous (New York Family Court); Brzonkala v. Virginia Polytechnic Institute (4th Cir. Court of Appeals); Murray v. Murray (Ohio Court of Appeals); V.C. v. M.J.B. (New Jersey Superior Court Appellate Division); City & County of San Francisco v. Garnett (California Court of Appeals First District); United States v. Ballek (9th Circuit Court of Appeals).

EQUITABLE DISTRIBUTION JOURNAL (published monthly; P .E573)

National Legal Research Group
2421 Ivy Road
Charlottesville, Virginia 22906
Vol. 16, No. 2 (February 1999)

Joan L. Cobb, Classification of Separate Investments (pages 13-16) A review of classification issues that arise when one spouse's separate investment assets increase in value during the marriage.

FAIR$HARE (published monthly)

Aspen Law & Business
1185 Avenue of the Americas
New York, NY 10036
Vol. 19, No. 3 (March 1999)

Robert F. Reilly, Analyzing Remaining Useful Life of Intangible Assets (pages 2-3): A synopsis the income approach, cost approach, and market approach to valuing intangible assets in a professional practice.

John DeWitt Gregory, Child Visitatin by Third Parties: The Case of Stepparents (pages 4-6): A synopsis of case law allowing stepparents visitation after divorce.

Gene A. Trevino, Divorce Settlements Involving a Closely Held Business: Are They Fair? (Pages 7-8): A criticism of the method of valuing businesses that results in double counting of value.

Sandra W. Jacobson, Proving Freedom From Fraud When Prenuptial Was Negiated? A Case Note (pages 8-9): Spotlight on the New York case of In re Matter of Greiff, 92 N.Y.2d 341 (1998).

Richard M. Wise, Documents Necessary for Valuing a Restaurant/Bar Business (pages 12-14): A suggested list of documents when valuing a restaurant/bar in a divorce case.

Hon. Howard I. Lipsey, The Gatekeeper and the Expert (pages 14-15): An analysis of the judge's function under Daubert v. Merrel Dow Pharmaceuticals.

FAMILY ADVOCATE

American Bar Association Section of Family Law
Vol. 21, No. 3 (Winter 1998)

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
Sage Publications Inc.
2455 Teller Road
Thousand Oaks, CA 91320
Vol. 37, No. 1 (January 1999)

Geri S.W. Fuhrman, Joseph McGill, and Mary E. O'Connell, Parent Education's Second Generation: Integrating Violence Sensitivity (pages 24-35): The authors provide specific advice for making mainstream parent education programs safe and appropriate for violence or high conflict families.

Margie J. Geasler and Karen R. Blaisure, 1998 Nationwide Survey of Court-Connected Divorce Education Programs (pages 36-63): The authors note the increase since 1994 of such programs by 180%, and they compare mandated and non-mandated programs.

Jonathan W. Gould, Scientifically Crafted Child Custody Evaluations, Part I: A Model for Interdisciplinary Collaborations in the Developments of Psychological Questions Guiding Court-Ordered Child Custody Evaluations (pages 64-73): How to conduct a child custody evaluation.

Hugh McIsaac and Charlotte Finn, Parents Beyond Conflict: A Cognitive Restructuring Model for High-Conflict Families in Divorce (pages 74-82): Concentrating on data from Multnomah County, Oregon, the authors consider how to deal with high-conflict families in divorce.

Kathleen Murray, When Children Refuse to Visit Parents: Is Prison an Appropriate Remedy? (pages 83-98): Alternatives to contempt.

Kimberly L. Schilling, Intrafamilial Communications: An Analysis of the Parent-Child Privilege (pages 99-128): The author argues such an evidentiary privilege should exist.

FAMILY LAW QUARTERLY (published quarterly)

American Bar Association Section of Family Law
Chicago, IL
Vol. 32, No. 4 (Spring 1999)

Linda D. Elrod and Robert G. Spector, A Review of the Year in Family Law

Family Law in the Fifty States 1997-1998

Annual Survey of Periodical Literature

Index to Volume 32

INTERNATIONAL JOURNAL OF LAW, POLICY & FAMILY (published quarterly; P .I6786)

Oxford University Press
Cary, North Carolina 27513
Vol. 13, Issue 1 (April 1999)

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
150 North Michigan Avenue
Chicago, IL 60601
Vol. 14, No. 2 (1997) (rec'd 11/9/98)

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
University of Nevada, Reno Campus
Reno, Nevada
Vol. 49, No. 4 (Fall 1998)

Centennial Celebration of the Juvenile Court
Sanford J. Fox, A Contribution to the History of the American Juvenile Court (pages 7-16)

Marvin Ventrell, Evaluation of the Dependency Component of the Juvenile Court (pages 17-38)

E. Hunter Hurst, III, Juvenile Court at 100 Years of Age: The Death of Optimism (pages 39-54)

Gordon Bazemore, Ph.D., The Juvenile Court and the Future Response to Youth Crime: A Vision for Community Juvenile Justice (pages 55-88)

David A. Price and Craig Boersma, The Juvenile Court at 100: Challenges and Opportunities (Findings From a National Survey) (pages 89-104)

Recommendations from a National Symposium, The Janiculum Project: Reviewing the Past and Looking Toward the Future of the Juvenile Court (pages 105-132)


Special Symposia of Interest

Law and the Politics of Marriage: Loving v. Virginia After 30 Years, 47 Catholic University Law Review No. 4 (pages 1207-1325) (1998)

Interjurisdictional Marriage Recognition, 32 Creighton Law Review No. 1 (pages 1-485) (October 1998)

Law and the Politics of Marriage: Loving v. Virginia After 30 Years, 41 Howard Law Journal No. 2 (pages 215-347) (Winter 1998)

Family Mediation, 16 Mediation Quarterly No. 1 (pages 1-108) (Fall 1998)

Should the Family Be Represented As An Entity?, 22 Seattle University Law Review No. 1 (pages 1-257) (Summer 1998)

Emerging Issues in Family Law, 7 Texas Journal of Women and the Law No. 2 (pages 135-149) (1998)

The Intersecting Institutions of Marriage: Conflicts and Consequences, 4 Texas Weslyan Law Review No. 2 (pages 143-175) (Spring 1998)

Governance and the Modern Family, 1998 Utah Law Review No. 2 (pages 209-310) (1998)

Other Articles of Interest
(Alphabetical by author)

Eric G. Anderson, Children, Parents, and Non-Parents: Protected Interests and Legal Standards, 1998 Brigham Young University Law Review 935-1002 (1998)

Charles T. Cromley, "As Guardian Ad Litem, I'm In A Rather Difficult Position," 24 Ohio Northern University Journal of Pharmacy and the Law 567-607 (1998)

A. Mechele Dickerson, To Love, Honor, and Pay: Should Spouses be Forced to Pay Each Other's Debts?, 78 Brigham Young University Law Review 961-1022 (1998)

A. Mechele Dickerson, Family Values and the Bankruptcy Code: A Proposal to Eliminate Bankruptcy Benefits Awarded on the Basis of Marital Status, 67 Fordham Law Review 69-113 (1998)

Linda S. Eckols, The Marriage Mirage: The Personal and Social Identity Implications of Same-Gender Matrimony, 5 Michigan Journal of Gender and the Law 353-408 (1999)

Martha M. Ertman, Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, 77 Texas Law Review 17-112 (1998)

Ann Laquer Estin, Federalism and Child Support, 5 Virginia Journal of Social Policy and Law 541-601 (1998)

T.L. Federico, The Trial of Domestic Relations Issues in Bankruptcy Cases, 7 Journal of Bankruptcy Law and Practice 433-76 (July/August 1998)

Steven Fleischer, Termination of Parental Rights: An Additional Sentence for Incarcerated Parents, 29 Seton Hall Law Review 312-341 (1998) Jacqueline D. Golub, The International Parental Kidnapping Crime Act of 1993: The United States' Attempt to Get Our Children Back: How Is It Working?, 24 Brooklyn Journal of International Law 797-821 (1999)

Tricia M. Lawrence, The Domestic Violence Pendulum: Has it Swung Too Far? Are Harassment Charges Now Being Used as a Sword Rather Than a Shield?, 29 Seton Hall Law Review 1427-1457 (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 (1998)

Jo-Ellen Paradies, The Disparity Between Men and Women in Custody Disputes: Is Joint Custody the Answer to Everyone's Problems?, 72 St. John's Law Review 517-570 (1998)

Gayle Pollack, The Role of Race in Child Custody Decisions Between Natural Parents Over Biracial Children, 23 New York University Review of Law and Social Change 603-630 (1997)

Pamela Posch, The Negative Effects of Expert Testimony on the Battered Women's Syndrome, 6 American University Journal of Gender and the Law 485-503 (1998)

Claudine R. Rice, The Fear of Opening Pandora's Box: The Need to Restore Birth Parents' Privacy Rights in the Adoption Process, 28 Southwestern Law Review 133-156 (1998)

Elizabeth Scott and Robert E. Scott, Marriage as a Relational Contract, 84 Virginia Law Review 1225-1334 (1998)

June Starr, The Global Battlefield: Culture and International Child Disputes at Century's End, 15 Arizona Journal of International and Comparative Law 791-832 (1998)

Mark Strasser, Natural Law and Same-sex Marriage, 48 DePaul Law Review 51-81 (1998)

Alison Harvison Young, Reconceiving the Family: Challenging the Paradigm of the Exclusive Family, 6 American University Journal of Gender and the Law 505-555 (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

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Index of Fam-Law-Lit Issues