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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 July 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 Vol. 13, No. 1 (Spring 1999) (Rec'd 4/16/99) 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 Issues Around Permanency for Children II Susan L. Brooks, Permanency Through the Eyes of a Child: A Critique of the Adoption and Safe Families Act (pages 2-4): A criticism of the Adoption and Safe Families Act for terminating parental rights too quickly Nicoleta Negrau, The Adoption and Safe Families Act of 1997: Will the Much-Heralded Act Live Up to Its Name? (pages 5-22): A review of the new act. Alycia Capozello, Comment: Should Gay and Lesbian Couples Adopt Their Foster Children: A Quiet Controversy Regarding Joint Adoption Raises Its Voice (pages 23-40): A call for states to drop bans on gay and lesbian adoption and foster parenting. Mary Z. Pelias, Genetic Testing: Who Decides, Who Informs? (pages 41-44): When should genetic testing to determine predisposition to disease be allowed on children. DIVORCE
LITIGATION (published monthly) Vol. 11, No. 6 (June 1999) (Rec’d 6/28/99) Laura W. Morgan, Who Gets Fluffy? Division of Pets in Divorce Cases (pages 113-117): A review of cases where the parties sought equitable division of the family pet. James H. Feldman, Enacted and Proposed Federal Legislation Addressing Family Issues (pages 117-118): A review of recently enacted and currently pending federal legislation that affects family law. Brett R. Turner, A Short Critique of Virginia Law on Hybrid Property Issues (pages 119-127): A review of the source of funds rule and tracing as applied to hybrid property in Virginia. Case notes (pages 127-128) EQUITABLE DISTRIBUTION JOURNAL (published monthly; P .E573) National Legal Research Group unavailable at this time FAIR$HARE (published monthly) Aspen Law & Business Elizabeth L. Bennett and Marjorie Obod, Asset Sequestration in Divorce Cases (Part I of II) (pages 2-6): Strategies to sequester assets and to discover those assets. Jerry R. King, Relaxed Innocent Spouse Relief Provisions (pages 6-7): The new tax law. John Crouch, Deceptive Graphics in Exhibits: Evidentiary and Practical Considerations (pages 7-8): Take a look at http://hobbes.itc.virginia.edu/~cjg4t/advocacy_graphics.html Shannon P. Pratt, Questions to Ask Expert Business Valuation Witnesses (pages 9-11) Case Developments American Bar Association Section of Family Law 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 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 INTERNATIONAL FAMILY LAW (published
quarterly) 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) 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 Centennial Celebration of the Juvenile Court 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) Symposium: InterSEXionality: Interdisciplinary Perspectives on Queering Legal Theory, 75 University of Denver Law Review No. 4 (pages 1129-1464) (1998) Other Articles of Interest (listed alphabetically by author) Hon. Chris W. Altenbernd, Quasi-marital Children: The Common Law’s Failure in Privette and Daniel Calls for Statutory Reform, 26 Florida State University Law Review 219-283 (1999) Barbara Ann Atwood, Identity and Assmiliation: Changing Definitions of Tribal Power Over Children, 83 Minnesota Law Review 927-996 (1999) Katherine K. Baker, Property Rules Meet Feminist Needs: Respecting Autonomy by Valuing Connection, 59 Ohio State Law Journal 1523-1597 (1998) Marc S. Cwik, The Agunah Divorce Problem in Jewish Society: Exploring the Possibility of an International Law Solution, 17 Wisconsin International Law Journal 109-144 (1999) Lauren D. Freeman, The Child’s Best Interests vs. The Parent’s Free Exercise of Religion, 32 Columbia Journal of Law and Social Problems 73-97 (1998) Sampak P. Garg, Law and Religion: The Divorce Systems of India, 6 Tulsa Journal of Comparative and International Law 1-20 (1998) Katherine C. Gordon, Note: The Necessity and Enforcement of Cohabitation Agreements: When Strings Will Attach and How to Prevent Them - A State Survey, 37 Brandeis Law Journal 245-257 (1998-99) Jack A. Guggenheim, The Evolution of Chutzpah as a Legal Term, 87 Kentucky Law Journal 417-438 (1998-99) Susan Hager, Nostalgic Attempts to Recapture What Never Was: Louisiana’s Covenant Marriage Act, 77 Nebraska Law Review 567-587 (1998) Drew D. Hansen, The American Invention of Child Support: Dependency and Punishment in Early American Child Support Law, 108 Yale Law Journal 1123-1153 (1999) D. Lee Khachaturian, Domestic Violence and Shared Parental Responsibility: Dangerous Bedfellows, 44 Wayne Law Review 1745-1779 (1999) Sarah J. Lee, The Search for Truth: Admitting Evidence of Prior Ause in Causes of Domestic Violence, 20 University of Hawaii Law Review 221-259 (1998) Timothy Lomar, Heidi Gryte and Amy Markel, A Survey of Domestic Mediator Qualifications and Suggestions for a Uniform Paradigm, 1998 Journal of Dispute Resolution 217-231 (1998) Enrico A. Mazzoli, Note: The Court’s Role in Facilitating an Effective Relationship Between the Noncustodial Parent and Child When the Custodial Parent Relocates With Child, 37 Brandeis Law Journal 259-272 (1998-99) Barry B. McGough and Gregory R. Miller, Domestic Relations, 50 Mercer Law Review 217-277 (1998) Misti Nelc, Inequitable Distribution: The Effect of Minnesota’s Child Support Guidelines on Prior and Subsequent Children, 17 Law and Inequality 97-138 (1999) Calvin G.C. Pang, Slow-Baked, Flash-Fried, Not to Be Devoured: Development of the Partnership Model of Property Division in Hawaii and Beyond, 20 University of Hawaii Law Review 1-98 (1999) Sharilyn R. Payne, A Comparative Study of the Divorce Laws of California and the Mexican Federal District, 21 Hastings International and Comparative Law Review 979-1004 (1998) Jenny L. Plager, Note: Foster Parents and AIDS: Considering the Best Interests of a Foster Child, 77 Nebraska Law Review 617-646 (1998) Jennifer L. Sabourin, Parental Rights Amendment: Will a Statutory Right to Parent Force Children to Shed Their Constitutional Rights at the Schoolhouse Door?, 44 Wayne Law Review 1899-1926 (1999) Pamela Scheininger, Legal Separateness, Private Connectedness: An Impediment to Gender Equality in the Family, 31 Columbia Journal of Law and Social Problems 283-319 (1998) Katherine B. Silbaugh, Marriage Contracts and the Family Economy, 93 Northwestern University Law Review 65-143 (1998) Laura Beresh Taylor, Note: Protecting Children’s Need for Stability in Custody Modification Disputes Between Biological Parents and Third Parties: C.R.B. v. C.C. and B.C., 32 Akron Law Review 371-395 (1999) David L. Theyssen, Balancing Interests in Frozen Embryos: Is Adoption Really a Reasonable Alternative?, 74 Indiana Law Journal 711-734 (1999) Michelle Van Leeuwen, The Politics of Adoptions Across Borders: Whose Interests Are Served?, 8 Pacific Rim Law and Policy Journal 189-218 (1999) Holly C. Wallace, Visitation Rights of a Parent Convicted of the First-Degree Murder of the Other Parent: An Analysis of "Lizzie’s Law", 37 Brandeis Law Journal 233-243 (1998-99) Christopher Shu-Bin Woo, Familial Violence and the American Criminal Justice System, 20 University of Hawaii Law Review 375-420 (1998) Anthony S. Zito, Baby Richard and Beyond: The Future for Adopted Children, 18 Northern Illinois University Law Review 445-479 (1998) Through Current Index to Legal Periodicals dated June 4, 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 © 1999 National Legal Research Group 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 Issues |