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

Laura W. Morgan, Esquire
National Legal Research Group, Charlottesville, Virginia

Welcome to FamLawLit, a survey of current periodical literature concerning family law issues, for June 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.

~ 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. 13, No. 1 (Spring 1999) (Rec'd 4/16/99)
(The following summaries are taken directly from the table of contents of the issue)

Marshal S. Willick, Issues in Interstate and Multistate Matrimonial Litigation (pages 10-14): Multistate matrimonial cases raise many ethical and practical considerations. The attorney who attempts such representation must be fully capable of understanding and applying the law in all pertinent jurisdictions. This article exposes the pitfalls of multistate representation to help the litigator decide whether to proceed or refer the case to local counsel in a more appropriate jurisdiction.

William L. Hunnicutt, Arbitration and Special Master Proceedings: Overlooked Family Law Alternatives (pages 15-22): While mediation has, for good reason, become commonplace as a form of alternative dispute resolution in domestic relations proceedings, it is not always successful. This author advocates for two other alternatives to traditional litigation, binding arbitration and special master proceedings.

Kenneth H. Waldron, A Default Schedule for Physical Custody of Children: Part I (pages 24-33): This article summarizes the extensive research on physical custody of children with the goal of proposing a default schedule for professionals and courts to use in uncontested paternity and divorce cases. This first part of a two-part series introduces necessary concepts and begins listing factors to be considered in developing such a default schedule.

H. Joseph Gitlin, Kessel and Kessel v. Leavitt et al.: A Case of Interest to Adoption Attorneys (pages 34-38): Presented here is a discussion of an early 1997 decision in which the Supreme Court of West Virginia upheld a judgment of more than $6 million in favor of the father of a nonmarital child who was adopted before the father had an opportunity to establish his parental interest in the child. Ultimately, the article focuses on the California attorney against whom a judgment for punitive damages of $5 million was entered.

Stephen J. Harhai, Analyzing, Organizing, and Preparing Complex Financial Cases for Trial (pages 39-47): Complex financial cases must be analyzed and organized carefully. Even the most experienced attorneys can benefit from the assistance available from their own desktop computers. This article explains who widely available software can make complex cases manageable.

David M. Bishop and Steven F. Schroeder, Business Valuation Standard for Divorce Should Be Fair Market Value (pages 48-52): In a rebuttal to an article that appeared in an earlier issue of AJFL, these authors refute the argument that fair market value should not be the valuation standard for the business/practice that is among the marital assets. They discuss the underlying objective of the splitting of marital assets, consider how other assets are valued for marital dissolutions, and look at how the use of fair market value as the business valuation standard is consistent with its wide application as the standard in other types of transactions in which not "actual" sale occurs.

Departments:
Practice Management: Ten Tips for Better Client Relations, by Mark A. Chinn
Taxation: Postdivorce Horror: Innocent Spouse Tax Issues, by Carlton R. Marcyan
Family Law Ethics: Result-Based Fees in Divorce Cases, by David L. Walther

BRANDEIS JOURNAL OF FAMILY LAW
Univerisity of Louisville (Kentucky), Brandeis School of Law
Vol. 37, No. 1 (Fall 1998-99)

W. Brian Burnette, Hawaii’s Reciprocal Beneficiaries Act: An Effective Step in Resolving the Controversy Surrounding Same-sex Marriage (pages 81-95)

Jessica Perry, The Parent-Child Testimonial Privilege: An Argument for Qualified Recognition (pages 97-116)

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. 4 (Summer 1999) (rec'd 5/28/99)

Anita Weinberg and Linda Katz, Law and Social Work in Partnership for Permanency: The Adoption and Safe Families Act and the Role of Concurrent Planning (pages 2-23): The author places the concept of concurrent planning to context within the movement to achieve permanency for children, describes the development of the concept, reviews several states’ statutes and the ways the states are implementing the concept, and indentifies and discusses some of the challenges for fields of social work and law to do concurrent planning.

Annette R. Appell, Increasing Options to Improve Permanency: Considerations in Drafting An Adoption With Contact Statute (pages 24-51): The article discusses new adoption schemes that provide for enforceable postadoption contact.

Lisa D’Aunno and Gay Chisum, Parental Substance Abuse and Permanency Decision Making: Measuring Progress in Substance Abuse Recovery (pages 52-72): The article offers a framework for child welfare decision makers to use in assessing a parent’s progress over time in substances abuse recovery.

DIVORCE LITIGATION (published monthly)

National Legal Research Group
2421 Ivy Road
Charlottesville, Virginia 22909

Vol. 11, No. 5 (May 1999) (received 6/4/99)

Chuck Shively, Examining the Link Between Access to Children and Payment of Support (pages 85-112): The author surveys all the literature and empirical studies linking increased compliance with child support orders with increased custody/visitation, and concludes that the link is really between increased child support compliance and increased participation in decision-making concerning the child.

EQUITABLE DISTRIBUTION JOURNAL (published monthly; P .E573)

National Legal Research Group
2421 Ivy Road
Charlottesville, Virginia 22906
Vol. 16, No. 4 (April 1999)

(received 5/15/99)

Joan L. Cobb, Military Retirement Pay - Post-Divorce Elections (pages 37-41): A discussion of case law concerning the impact of waiving military retirement benefits in order to receive military disability pay or civil service compensation.

In the Courts (pages 41-48): A round-up of recent cases on equitable distribution.

FAIR$HARE (published monthly)

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

Vol. 19, No.5 (May 1999)

Tom West, Valuing Trendy Businesses (pages 2-3): Special valuation problems with new businesses; how to tell if it’s "trendy" or "emerging" without waiting for the business to go bust.

Louis Parley, Family Law Ethics Focus (pages 4-5): A round-up of recent ethics cases.

Kalman A. Barson, The Double Dip Revisited (page 6): Reasons why the "double dipping" argument, i.e., that the same funds cannot be both an asset for distribution and income for alimony, is flawed.

Case Spotlight, Case Developments (pages 7-10)\

The Hon. Anne Kass, Judge’s Corner: Problems with On-Again, Off-Again Divorce (pages 10-11): How constant splitting and reconciliation may be good for the husband and wife, but horrible for the children.

Sharyn T. Sooho, Drafting the Closing Letter (pages 11-15): What to include in the case closing letter.

FAMILY ADVOCATE

American Bar Association Section of Family Law
Vol. 21, No. 4 (Spring 1999) (received May 1, 1999)

Deborah M. Tate and Robert S. Parker, The Art of Direct: How to manage a direct examination.

Suzanne Harris, Documentary Exhibits: How to introduce exhibits.

Richard J. Eagleton, Cross-Examination and the Big Picture: Experienced practitioners know that success in a cross comes from experience, preparation, and common sense. How to cultivate these three is examined.

Kathleen A. Hogan, Preparing Documents: Establishing foundation and authenticity.

Thomas A. Mulroy, Examining the Parties: Crafting Your Case with Care: Sample questions.

Thomas D. Colin, Approaching the Witness: Examination of a child’s psychologist.

Robert J. Durst II, Maximizing the Impact of a Vocational Expert: Questions for the vocational expert.

Sharon Corbitt, Take Your Rules to Court: Keep a copy of the rules with you at all times.

Kimberly A. Quach, Face to Face with the Business Valuation Expert: Effective cross-examination of the opposing business valuation expert.

Antoinette Sedillo Lopez, Tracking Kidnapped Children Over the Internet: How to use the internet to track a child.

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. 2 (April 1999) (Received 4/26/99)

Janet R. Johnston and Robert B. Straus, Traumatized Children in Supervised Visitation: What Do They Need? (pages 135-158): This article review the range of trauma experienced by many children in supervised visitation services and describes common themes in the development of their personalities from clinical and research findings. It them proposes a series of ways to structure supervised access services in order to help children feel psychologically safe in the relationship with the visited parent.

Jonathan W. Gould, Scientifically Crafted Child Custody Evaluations, Part II: A Paradigm for Fornsic Evaluation of Child Custody Determination (pages 159-178): The present article offers a conceptual model to be used in gathering and analyzing data in child custody evaluations. It is argued that the use of forensic methodology provides a more scientific basis for the information provided by the evaluator to the trier of fact, ultimately resulting in a more useful and accurate picture of the family in question.

Hon. William J. O’Neil and Hon. Barry C. Schneider, Recommendations of the Committee to Study Family Issues in the Arizona Superior Court System: A Family Court System (pages 179-194): This article summarizes the Final Report presented to the Arizona Judicial Council in December 1998 regarding the manner in which family law cases are handled in the superior courts.

Nancy Theonnes and Jessica Pearson, Parent Education in the Domestic Relations Court (pages 195-218): A multistate assessment of five court-affiliated parent education programs.

Debra A. Clement, 1998 Nationwide Survey of the Legal Status of Parent Education (pages 219-239): This article reports on the findings of a legislative survey conducted to determine the legal status of parent education in the United States.

Robert L. Fischer, Children in Changing Families: Results of a Pilot Study of a Program for Children of Separation and Divorce (pages 240-256): This article describes the results of a pilot study of a group curriculum aimed at ameliorating the negative effects of divorce and family instability for children ages 9 to 12.

FAMILY LAW QUARTERLY (published quarterly)

American Bar Association Section of Family Law
Chicago, IL
Vol. 32, No. 4 (Winter 1998)

The year in family law. And what a year it was!

INTERNATIONAL FAMILY LAW (published quarterly)
21 St Thomas Street
Bristol BS1 6JS, UK

Mary Banotti and Anne Hennon, Problems in the Operation of the Hague Convention on International Child Abduction (pages 3-4)

The Right Honourable Lord Justice Thorpe, Anglo-German Family Law Conference (page 5)

Nigel Lowe, International Forum on Child Abduction (page 6)

Peter E. Bronstein and Leigh Baseheart Kahn, Update to Procedures Available for Enforcement of the Financial Provisions of Foreign Country Matrimonial Judgments in New York (pages 7-9)

David Fish, Child Protection Systems in the USA and England and Wales (pages 10-18)

Monica Montoya McConnell, The Spanish Divorce and Separation Procedure (pages 20)

Roberta Ceschini, The Italian Treatment of Severance Payments and Pensions on Divorce (page 21)

International Brief (pages 26): Useful charts showing which countries have signed on to the Hague Convention on the Civil Aspects of International Child Abduction, the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and the Restoration of Custody of Children, the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption

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

Symposium: InterSEXionality: Interdisciplinary Perspectives on Queering Legal Theory, 75 University of Denver Law Review No. 4 (pages 1129-1464) (1998)

(Alphabetical by Author)

Ladan Askari, The Convention of the Rights of the Child: The Necessity of Adding a Provision to Ban Child Marriages, 5 ILSA Journal of International and Comparative Law 123-138 (1998)

Cheryl Ryon Eisen, Using a Brief Case Plan Method to Reconcile Kinship Rights and the Best Interests of the Child When an Unwed Father Contests a Mother’s Decision to Place an Infant for Adoption, 23 Nova Law Review 339-404 (1998)

Danielle Epstein and Lena Mukherjee, Constitutional Analysis of the Barrier Same-Sex Couples Face in Their Quest to Become a Family Unit, 12 St. John’s Journal of Legal Commentary 782-813 (1997)

Lisa K. Gold, Who’s Afraid of Big Government? The Federalization of Intercountry Adoption: It’s Not As Bad AS It Sounds, 34 Tulsa Law Journal 109-131 (1998)

Maria Kelly, Domestic Violence and Guns: Seizing Weapons Before the Court Has Made a Finding of Abuse, 23 Vermont Law Review 349-392 (1998)

Aloysius A. Leopod, Loss of Earning Capacity Benefits in the Community Property Jurisdiction: How do you figure? 30 St. Mary’s Law Journal 367-420 (1999)

Nigel Lowe and Alison Perry, International Child Abduction: The English Experience, 48 International and Comparative Law Quarterly 127-155 (1999)

Margaret M. Mahoney, Open Adoption in Context: The Wisdom and Enforceability of Visitation Orders for Former Parents Under Uniform Adoption Act Section 4-113, 51 Florida Law Review 89-142 (1999)

Amanda T. Perez, Transracial Adoption and the Federal Adoption Subsidy, 17 Yale Law and Policy Review 201-247 (1998)

Stephanie L. Perin, Employers May Have to Pay When Domestic Violence Goes to Work, 18 Review of Litigation 365-401 (1999)

Esther M. Schonfeld, To Be or Not To Be A Parent? The Search for a Solution to Custody Disputes Over Frozen Embryos, 15 Touro Law Review 305-326 (1998)

Karla J. Starr, Adoption by Homosexuals: a Look at Differing State Court Opinions, 40 Arizona Law Review 1497-1514 (1998)

Amy L. Stewart, Covenant Marriage: Legislating Family Values, 32 Indiana Law Review 509-536 (1999)

Krystal D. Webb, Baehr v. Lewin: Same-Sex Marriages and the Fundamental Right to Equal Protection, Privacy, and Due Process, 25 Southern University Law Review 253-274 (1998)

Karen M. Woods, Wicked and Mischevious Connection, 23 Legal Studies Forum 37-70 (1999)

(through Current Index to Legal Periodicals dated April 23, 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

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