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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 August 1999. There will be no Ethics Spotlight this month. ~ PRIMARY FAMILY LAW PERIODICALS ~ AMERICAN JOURNAL OF FAMILY LAW (published quarterly;
P .A56533) Departments: Gary A.
Shulman and David I. Kelley, Retirement Benefits: Early Retirement
Subsidies and Their Impact on the QDRO Process (page 73) Laura W.
Morgan, Child Support: Retained Earnings and Unexercised Stock Options
as Income
(page 78) Gary C.
Randall, Taxation: On Whose "Behalf" Is Section 1041?
(page 80) Articles: Kenneth H.
Waldron, A Default Schedule for Physical Custody of Children: Part Two
(pages 82-92) Marc J.
Ackerman, Guidelines for Physical Placement and Visitation Schedules
(pages 93-100) Ira Daniel
Turkat, Relationship Poisoning in Custody and Access Disputes
(pages 101-104) Lawrence
D. Dodds and Robert D. Feder, Stock Options in Divorce -- A National
Trend (pages 105-109) C. R.
"Chip" Bowles, Snatching Assets From the Jaws of Bankruptcy:
Two Recent Decisions Discuss Marital Obligations in Bankruptcy Cases
(pages 110-114)
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) Laura W.
Morgan, Fork It Over, Granny: The Child Support Obligations of
Grandparents (pages 129-139) Laura W.
Morgan, Visitation Rights of Former Gay Cohabitants: A Proposed
Analytic Framework (pages 140-145) Laura W.
Morgan, The Authority of a Stepparent to Discipline a Stepchild
(pages 146-148) Brett R.
Turner, Division of Frequent Flyer Benefits in Divorce Cases (pages
148-153) Case Notes EQUITABLE DISTRIBUTION JOURNAL
(published monthly; P .E573) Joan L.
Cobb, Premarital and Settlement Agreements - Unrepresented Parties
(pages 49-53) In the
Courts (pages 53-60) FAIR$HARE
(published monthly) Hon. R.
William Riggs, Overview of Executive Compensation as Marital Property
(pages 2-4) Elizabeth
L. Bennett, Asset Sequestration in Divorce Cases (pages 5-6) Jay E.
Fishman and William J. Morrison, Failure to Consider Restrictions in
Shareholder Agreement (pages 7-8) Lynn Z.
Gold-Biken, Negotiation to Finality (page 9) Case
Sotlight: Sally v. Magee, 679 N.Y.S.2d 170 (App. Div. 3d Dept.
1998) (page 10) Case
Developments (pages 10-13) Hon.
Howard I. Lipsey, Great Expectations in Family Law Proceedings
(page 14) FAMILY ADVOCATE Special
Issue: Surviving Divorce - A Handbook For Clients Mark E.
Sullivan, Understanding Your Divorce (pages 2-7): FAQs for divorce. Eliot J.
Nerenberg, 3's A Crowd (page 3): Keep friends, neighbors, and
relatives out of your divorce. M. Sue
Talia, The Divorce From Hell (pages 8-10): How to maximize
everyone’s pain and suffering. Daniel L.
Bray, 14 Ways to Talk with Your Lawyer (pages 11-13): Tips for how
to best communicate with your legal representative. Linda A.
Olup, Why Does it Cost So Much? (pages 15-18): Itemizing the costs
of divorce for the client. Althea Lee
Jordan, Maybe You Should Mediate (pages 19-21) Samuel J.
Goodman, Know When to Settle (pages 19, 22-23) Geoffrey
Hamilton and Thomas Merrill, The Nuttiness of Divorce (pages
25-27): Your thoughts and feelings reflect where you are in the divorcing
process. The
Stages of Divorce
(pages 28-29): An explanation of the “stages” a divorcing person goes
through, based on Divorce Mediation by John M. Hayes. Samuel D.
Smithyman, No, You’re Not Crazy (pages 30-33): Why and when to
seek professional help. Philip M.
Stahl, A Child Custody Evaluation (pages 35-37): A process designed
to help kids through the divorce. Jacqueline
Singer, 10 Ways to Talk with Your Kids About Divorce (pages 38-39):
How to answer kids’ questions and fears. Jan L.
Warner, Money Matters (pages 41-45): Planning now for a rainy day. Hugh
Mcissac, The Big Umbrella (page 45): How to remain on good terms
with your ex-in-laws, if you wish. Nancy C.
Harjani, Your Victory (pages 46-47): Creating a “Victory Wall”
to show your strength after divorce. FAMILY AND CONCILIATION
COURTS REVIEW (published quarterly; P .C6533) Special
Issue: Domestic Violence Andrew
Schepard, Editor’s Notes (page 267) Mary E.
O’Connell, A Note from the Guest Editor (page 269) Articles: Clare
Daltron, When Paradigms Collide: Protecting Battered Parents and Their
Chidlren in the Family Court System (page 273) Catherine
C. Ayoub, Robin M. Deutsch, and Andronicki Maraganore, Emotional
Distress in Children of High‑Conflict Divorce: The Impact of Marital
Conflict and Violence (pages 297) Joseph C.
McGul, Robin M. Deutsch, and Robert A. Zibbell, Visitation and Domestic
Violence: A Clinical Model of Family Assessment and Access Planning
(page 315) Jennifer
P. Maxwell, Mandatory Mediation of Custody in the Face of Domestic
Violence: Carole A.
Sousa, Teen Dating Violence: The Hidden Epidemic (page 356) Maurice
Goldman, The Violence Against Women Act: Meeting Its Goals in
Protecting Battered Immigrant Women? (page 375) Katherine
M. Reihing,
Protecting Victims of Domestic Violence and Their Children After Divorce:
The American Law Institute's Model (page 393) FAMILY
LAW QUARTERLY (published quarterly) Special Issue: 1999 Child Support Symposium J. Thomas Oldham, Introduction to the 1999 Child
Support Symposium (pages 1-6) Jane C. Venohr and Robert G. Williams, The
Implementation and Periodic Review of State Child Support Guidelines
(pages 7-38) Grace Ganz Blumberg, Balancing the Interests: The
American Law Institute’s Treatment of Child Support (pages 39-110) Sanford L. Braver, The Gender Gap in Standard of
Living After Divorce: Vanishingly Small? (pages 111-134) R. Mark Rogers, Wisconsin-Style and Income Shares
Child Support Guidelines: Excessive Burdens and Flawed Economic
Foundations (pages 135-156) Marsha Garrison, Child Support Policy: Guidelines
and Goals (pages 157-190) Laura W. Morgan and Mark C. Lino, A Comparison of
Child Support Awards Calculated Under States’ Child Support Guidelines
with Expenditures on Children Calculated by the United States Department
of Agriculture (pages 191-218) Marygold S. Melli, Guideline Review: Child Support
and Time Sharing by Parents (pages 219-234) Ronald K. Henry, Child Support at a Crossroads:
When Real World Intrudes Upon Academics and Advocates (patges 235-264) J. Thomas Oldham, What Does the U.S. System Regarding Inheritance Rights of Children Reveal About American Families (pages 265-320)
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) Special
Issue: Perspectives on the Relocation of Children American
Academy of Matrimonial Lawyers Proposed Model Relocation Act
(pages 1-24, with notes pages 25-32) Lewis
Becker, Ethical Responsibilities of a Lawyer for a Parent in Custody
and Relocation Cases: Duties Respecting the Child and Other Conundrums
(pages 33-74) Gary A.
Debele, A Children’s Rights Approach to Relocation: A Meaningful Best
Interests Standard (pages 75-118) Marion
Gindes, The Psyhcological Effects of Relocation for Children of Divorce
(pages 119-148) David H.
Levy and Nanette A. McCarthy, A Critique of the Proposed UCCJEA
(pages 149-166) Edwin J.
(Ted) Terry, Kristin K. Proctor, P. Caren Phelan and Jenny Womack, Relocation:
Moving Forward, or Moving Backward? (pages 167-228) Tabitha Sample and Teresa Reiger, Comment, Relocation Standards and Constitutional Considerations (pages 229-243)
Lee E.
Teitelbaum, Rays of Light: Other Disciplines and Family Law (page
1) David S.
Rosettenstein, Legitimating Difference Without Sacrificing Social and
Family Fabric (page 13) Margaret
F. Brinig and F.H. Buckley, Parental Rights and the Ugly Duckling
(page 41) Per Hage, The
Arapesh Atom of Kinship Feeding Ties Versus Blood Ties (page 67) Marjorie
C. Jones, Case Note, Lambert v. Wicklund: The Supreme Court's Final
Word on Parental Notification of Abortion Statutes?
(page 77)
Stephen E.
Doyne, Ph.D., Janet M. Bowermaster, J.D., J. Reid Meloy, Ph.D., Donald
Dutton, Ph.D., Peter Jaffe, Ph.D., Stephen Temko, J.D., and Paul Mones,
J.D., Custody Disputes Involving Domestic Violence: Making Chidlren’s
Needs a Priority (page 1) Maureen
Sheeran, B.J. and Scott Hampton, M.A., Supervised Visitation in Cases
of Domestic Violence (page 13) Anne
Menard, B.A., and Vicki Turetsky, J.D., Child Support Enforcement and
Domestic Violence (page 27) Judge
Susan Carbon, Judge Peter Macdonald and Seema Zeya, J.D., Enforcing
Domestic Violence Protection Orders Throughout the Country: New Frontiers
of Protection for Victims of Domestic Violence (page 39) Billie Lee
Dunford-Jackson, J.D., The Uniform Child Custody Jurisdiction and
Enforcement Act: Affording Enhanced Protection for Victims of Domestic
Violence and Their Children (page 55) Neil
Websdale, Ph.D., Judge Michael Town and Byron Johnson, Ph.D., Domestic
Violence Fatality Reviews: From a Culture of Blame to a Culture of Safety
(page 61) Judge Amy
Karan, Susan Keilitz, J.d. and Sharon Denaro, J.D., Domestic Violence
Courts: What Are They and Now Should We Manage Them? (page 75)
Kristin L.
Antall, Who Is My Mother?
Why States Should Ban Posthumous Reproduction By Women, 9 Health
Matrix: A Journal of Law and Medicine 203 (Winter 1999) Stephen
Elmo Averett, Grandparent Visitation Rights Statutes, 13 Brigham
Young University Journal of Public Law 355 (1999) Susanne
Cetrulo, A Practitioner's Analysis of the Loss of Parental Consortium
in Kentucky, 23 Northern Kentucky Law Review 1 (Spring 1999) Jessica
Cherry, The Child As Apprentice: Enhancing the Child’s Ability to
Participate in Custody Decision-Making By Providing Scaffolded Instruction,
72 Southern California Law Review 811 (January/March 1999) Kerri
Fredheim, Closing the Loopholes in Domestic Violence Laws: The
Constitutionality of 18 U.S.C. § 922(g)(9), 19 Pace Law Review
445 (Spring 1999) James T.R.
Jones, Kentucky Tort Liability for Failure to Report Family Violence,
23 Northern Kentucky Law Review 43 (Spring 1999) Mae
Kuykendall, Resistance to Same‑Sex Marriage as a Story About
Language: Linguistic Failure and the Priority of a Living Language, 34
Harvard Civil Rights-Civil Liberties Law Review 385 (Summer 1999) Hon.
Sheila M. Murphy, Guardians Ad Litem: The Guardian Angels of Our
Children in Domestic Violence Court, 30 Loyola University of
Chicago Law Journal 281 (Winter 1999)
J. Robert
Shull, Emotional and Psychological Child Abuse: Notes on Discourse,
History, and Change, 51 Stanford Law Review 1665 (July 1999) Jeffrey
Evans Stake, Paternalism in the Law of Marriage, 74 Indiana Law
Journal 801 (Summer 1999)
Credence
Togo, Cabining Freedom: A Comparative Study of Lesbian and Gay Rights
in the United States and Canada, 6 Cardozo Journal of International
& Comparative Law 425 (Fall 1998) Heather
Tonsing, Battered Women Syndrom as a Tort Cause of Action, 12 Journal
of Law & Health 407 (1997-98) Symposia
of Interest Temple
Political & Civil Rights Law Review,
Volume 8, Number 2 (Spring 1999): Loyola
Law Review, Volume
45, Number 2 (Summer 1999): Creighton
Law Review, Volume
32, Number 4 (1998-99): 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 |