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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 1998. This page provides a synopsis of current law review articles that discuss issues in family law. This month’s "Ethics Spotlight" takes a quick look at contingency fees in domestic relations matters. ~ PRIMARY FAMILY LAW PERIODICALS ~ AMERICAN JOURNAL OF FAMILY LAW (published quarterly; P .A6533) Aspen Law & Business Gary A. Shulman & David I. Kelley, The New Standard of Care in Dividing Pensions (pages 1-14): The authors specify four areas of responsibility for the family law attorney in the area of dividing pensions: discovery of all pension assets; valuation of those pension assets competently; offering well-founded advice if a settlement is chosen; securing the collection of the proceeds of that settlement. Nancy M. Czaplinski, How to Value and Treat Options (pages 15-21): The author discusses the nature of options and warrants, the factors affecting their value, and the methods of valuation. Caryn S. Lennon, Advising the Non-citizen Client (pages 22-25): The author notes those areas of family law practice that can be complicated for the non-citizen client, including taxation, custody, and division of marital assets, and advises attorneys how to recognize red flags that will warrant further investigation into a client’s status David L. Walther, Ethical Challenges for Lawyer Mediators (pages 26-29): The author examines the ABA Rules of Professional Responsibility as they relate to the lawyer as mediator. Sarah W. Young, The Calling of the Law (pages 30-39): The author maintains that the law is a "calling" whose full potential is unrealized by lawyers caught up in the purely business aspects of the practice of law. John C. Susko, The Life of a Wired Attorney (pages 40-54): The author relates a typical day as a modern lawyer utilizing the web and various software programs. Rebecca S. Snyder, Reproductive Technology and Stolen Ova: Who is the Birth Mother?, 16 Law and Inequality: A Journal of Theor and Practice 289-334 (Winter 1998)
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 Edition on Children with Life Threatening Diseases) James G. Hoge, Jr. and Michael J. Parini, Perinatal HIV Transmission: A Children’s Human Rights Perspective (pages 6-19) Harold Paul Katner, Children and Adolescents with HIV/AIDS: Medical Breakthroughs and Prevention Failures (pages 20-26) Ralph E. Kauffman, Drug Safety, Testing, and Availability for Children (pages 27-34) Michael Lipson, Psychology and the Dying Child: A Fundamental Challegen to Health and Service Professionals (pages 35-38) Ellen Wright Clayton, Genetic Testing in Children: The Law’s Role in Addressing the Challenges Posed by New Technology (pages 39-42) Mary Z. Pelias, Genetic Testing: Who Decides, Who Informs? (pages 43-46) DIVORCE
LITIGATION (published monthly) Laura W. Morgan, Choice of Law Principles in Child Support Litigation (pages 121-126): A review of the rules for choice of law in cases where the obligor and obligee live in different states, and whether a deviation can be had from the guidelines on account of different costs of living. Laura W. Morgan, Between a Rock and a Hard Place: An Attorney’s Duty to Report Suspected Child Abuse (pages 127-135): An analysis of the tension between an attorney’s legal duty to report suspected child abuse and his ethical duty to maintain a client’s confidence. Laura W. Morgan, If it Walks Like a Duck and Talks Like a Duck...: Contingency and Results Obtained Fees in Domestic Relations Cases (pages 136-140): An analysis of the latest cases in domestic relations allowing contingency fees under the rubric of "results obtained" fees, and criticism of the hypocrisy of disallowing contintency fees while allowing results obtained fees. EQUITABLE DISTRIBUTION JOURNAL (published monthly) National Legal Research Group Joan L. Cobb, Support of Prior and Subsequent Families as a Factor in Equitable Distribution: A review of the latest cases that consider the support of another family as a factor in equitable distribution, focusing on whether the factor is permissible or mandatory, and whether the factor is positive or negative. Aspen Law & Business unavailable American Bar Association Section of Family Law FAMILY AND CONCILIATION COURTS REVIEW (published quarterly; P .C6533) Association of Family and Conciliation Courts Hon. Judith S. Kaye and Hon. Jonathan Lippman, New York State Unified System: Family Justice Program (pages 144-178): The authors, Chief Judge of the Court of Appeals and Chief Administrative Judge of the State of New York, respectively, provide an overview of the caseload crisis facing New York courts hearing family matters and propose innovative solutions. Laurie S. Coltri and E. Joan Hunt, A Model for Telephone Mediation (pages 179-194): The authors describe a unique mediation service using the telephone to help parents resolve conflicts over visitation. Edward Kruk, Practice Issues, Strategies, and Models: The Current State of the Art of Family Mediation (pages 195-215): The article reports the key findings of a Canadian study addressing family mediation. Catherine M. Lee, Christine P.M. Beauregard, and John Hunsley, Attorney’s Opinions Regarding Child Custody Mediation and Assessment Services: The Influence of Gender, Years of Experience, and Mediation Practice (pages 216-226): Family attorneys completed a questionnaire about mediation and assessment of child custody issues, and a comparison by gender, years of family law practice, and status as a mediator revealed more similarities than differences among attorneys. Barbara Davies and Stephen Ralph, Client and Counselor Perceptions of the Process and Outcomes of Family Court Counseling in Cases Involving Domestic Violence (pages 227-245): The authors report on a study examining whether counseling is appropriate in cases involving domestic violence. Richard D. Mathis and Lynelle C. Yingling, Family Modes: A Measure of Family Interaction and Organization (pages 246-257): A review of "Family Modes," an attempt to develop a standardized test for mediation assessment and research. Kimberly A. Smoron, Conflicting Roles in Child Custody Mediation: Impartiality/Neutrality and the Best Interests of the Child (pages 258-280): The article focuses on the conflict between the mediator’s role as a neutral and impartial third party, and his role as guardian or advocate for the best interests of the child, and discusses options for mediators attempting to resolve this conflict. Gretchen Zegarra, Educando a la Familia Latina: Ideas for Making Parent Education Programs Accessible to the Latino Community (pages 281-293): The article addresses the issue of parent education programs and how they are currently unsuitable for the Latino community. Debra A. Clement, A Compelling Need for Mandated Use of Supervised Visitation Programs (pages 294-316): The authors advocate supervised visitation programs for those cases where termination of visitation is not justified, yet there are legitimate concerns for the health and welfare of the child. FAMILY LAW QUARTERLY (published quarterly) American Bar Association Section of Family Law Catherine J. Ross, The Failure of Fragmentation: The Promise of a System of Unified Family Courts (pages 3-30): The author reviews the inadequacies of a court system that fails to address the family as a whole, and advocates the use of the unified court system. Barbara A. Babb, Where We Stand: An Analysis of America’s Family Law Adjudicatory Systems and the Mandate to Establish Unified Family Courts (pages 31-65): The current push to establish unified family courts is reviewed. Jeffrey A. Kuhn, A Seven-Year Lesson on Unified Family Courts: What We Have Learned Since the 1990 National Family Court Symposium (pages 67-93): A review of the history of family courts. Andrew Schepard, Parental Conflict Prevention Programs and the Unified Family Court: A Public Health Perspective (pages 95-130): The use of a unified family court to address the family as a whole with the goal of aiding the family’s mental health is discussed. Billie Lee Dunford-Jackson, Loretta Frederick, Barbara Hart, and Meredith Hofford, Unified Family Courts: How Will They Serve Victims of Domestic Violence? (pages 131-146): The use of a unified family court to address the family as a whole with the goal of preventing abuse is discussed. Mark Hardin, Child Protection Cases in a Unified Family Court (pages 147-199) Gerald W. Hardcastle, Joint Custody: A Family Court Judge’s Perspective (pages 201-219) Martin J. McMahon, Jr., Tax Aspects of Divorce and Separation (pages 221-265) INTERNATIONAL FAMILY LAW (published quarterly) Jordan Publishing Ltd. Emma Hartley, Contractual Freedom within the Family (pages 39-42) Malcolm D. Broun, Will the Local Court Proceed When There Are Family Law Proceedings Pending in Another Jurisdiction? (pages 43-45) Anil Malhotra and Ranjit Malhotra, Validity of Marriages in the Context of Unmarried Cohabitation under Hindu Law (pages 46-48) Stephen A. Kolodny, Enforcing Valid Overseas Dissolution Decrees in the UK (pages 49-51) Nigel Lowe and Alison Perry, The Operations of the Hague and European Conventions on International Child Abduction Between England and Germany, Part II (pages 52-56) Monica Montoya McConnell, Separation and Divorce Proceedings Under Spanish Law (pages 57-58) Haroula Constandinidou, Greece Takes the First Steps Towards a New Era in Family Law Arrangements (pages 59-60)
INTERNATIONAL JOURNAL OF LAW, POLICY & FAMILY (published quarterly) Oxford University Press JOURNAL OF THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS (published two times per year; P .A551j) American Academy of Matrimonial Lawyers Samuel V. Schoonmaker, IV, Consequences and Validity of the Family Law Provisions in the "Welfare Reform Act" (pages 1-75): The author details the child and spousal enforcement provisions of the Welfare Reform Act, analyzes the validity of the Act, discussing constitutional, practical, and privacy issues, and forecasts the nationalization and globalization of family law. Patricia E. Apy, Managing Child Custody Cases Involving Non-Hague Contracting States (pages 77-97): The author offers suggestions on how to manage a custody case with international connections to countries which are not signatories to the Hague Convention on the Civil Aspects of International Child Abduction. Jan Rewers McMillan, Getting Them Back: The Disappointing Reality of Return Orders Under the Hague Convention on the Civil Aspects of International Child Abduction (pages 99-131): While noting that 47 countries have signed on to the Convention, the author concludes that the reality is that practitioners are faced with sometimes insurmountable obstacles in effecting the return of children once orders for return are issued. The author suggests ways to avoid these obstacles. Tania Bailey, Child Support from U.S. Military Personnel Stationed Abroad (pages 133-151): The author details the statutory framework for promoting the establishment and enforcement of child support orders against members of the military, including Executive Order No. 12953 and military regulations. Cassandra Terhune, Cultural and Religious Defenses to Child Abuse and Neglect (pages 152-192): The author surveys the use of the "cultural" and "religious" defense to charges of child abuse, focusing on the practice of female genital mutilation as a cultural defense to child abuse and the practice of spiritual healing as a religious defense to child neglect. UNIVERSITY OF LOUISVILLE JOURNAL OF FAMILY LAW University of Louisville Elvia R. Arriola, Law and the Family of Choice and Need (pages 691-701) Angelea Mae Kupenda, Two Parents are Better Than None: Whether Two Single, African American Adults, Who are Not in a Traditional Marriage or Romantic or Sexual Relationship with Each Other, Should be Allowed to Jointly Adopt and Co-parent African American Children (Proceedings of the Third Annual Mid-Atlantic People of Color Legal Scholarship Conference) (pages 703-720) Samuel A. Marcosson, The Lesson of the Same-Sex Marriage Trial: The Importance of Pushing Opponents of Lesbian and Gay Rights to Their Second Line of Defense (pages 721-753) Ana M. Novoa, The Removal of Adam’s Rib: The Creation and Polarization of Male and Female Virtues (pages 755-764) Joann Blair, Honor Thy Father and Thy Mother, But For How Long? (pages 765-782) Laura D. Robertson, Breaking Down the Language Barrier: A Move Toward Requiring Non-English Speaking Parents to Facilitate English Proficiency (pages 783-793) Lee A. Webb, A Nation That Values Family, Except When a Family Member is Foreign: An Overview of Proposed Changes in Immigration Law and Their Devastating Effects on Many U.S. Families (pages 795-811) OTHER PERIODICALS SPECIAL SYMPOSIA OF INTEREST 73 Indiana Law Journal (Spring 1998): Special Symposium: Law and the New American Family Margaret F. Brinig and F.H. Buckley, Joint Custody: Bonding and Monitoring Theories (pages 393-427) Saul Levmore, Joint Custody and Strategic Behavior (pages 429-439) Ann Laquer Estin, Bonding After Divorce: Comments on ‘Joint Custody: Bonding and Monitoring Theories’ (pages 441-452) Eric Rasmusen and Jeffrey Evans Stake, Lifting the Veil of Ignorance: Personalizing the Marriage Contract (pages 453-503) Gregory S. Alexander, The New Marriage Contract and the Limits of Private Ordering (pages 503-510) J. Mark Ramseyer, Toward Contractual Choice in Marriage (pages 511-516) Kathyrn Abrams, Choice, Dependence, and the Reinvigoration of the Traditional Family (pages 517-534) Jeffrey Evans Stake, Martha Fineman, Akhil Reed Amar, Regina Austin, Thomas S. Ulen, and Michael Grossberg, Roundtable: Opportunities for and Limitations of Private Ordering in Family Law (pages 535-565) Alysa Christmas Rollock, Professional Responsibility and Organization of the Family Business: The Lawyer as Intermediary (pages 567-588) Terry A. O’Neill, Reasonable Expectations in Families, Businesses, and Family Businesses: A Comment on Rollock (pages 589-599) Patrick L. Baude, One Lawyer for the Family: A Response to Alysa Rollock (pages 601-604) Frances Gall Hill, Clinical Education and the "Best Interest" Representation of Child in Custody Disputes: Challenges and Opportunities in Lawyering and Pedagogy (pages 605-633) William A. Kell, Voices Lost and Found: Training Ethical Lawyers for Children (pages 635-658) Glenn Stone, Collaborative Pedagogic Efforts on Behalf of Children in Custody Disputes (pages 659-663) Bruce A. Green, Lawyers as Nonlawyers in Child-Custody and Visitation Cases: Questions From the Legal Ethics Perspective (pages 665-673)
29 Loyola University of Chicago Law Journal (Winter 1998): Special Conference on Ethical Issues in the Legal Representation of Children Martin Guggenheim, Reconsidering the Need for Counsel for Children in Custody, Visitation, and Child Protection Proceedings (pages 299-352) William A Kell, Ties That Bind? Children’s Attorneys, Children’s Agency, And the Dilemma of Parental Affiliation (pages 353-376) Recommendations of the Conference on Ethical Issues in the Legal Representation of Children (pages 377-383) Anna Wermuth, Kidcare and the Uninsured Child: Options for an Illinois Health Insurance Plan (pages 465-526)
10 St. Thomas Law Review (Winter 1998): Special Children’s Rights Symposium Marcus T. Boccacini and Eleanor Willemsen, Contested Adoption and the Liberty Interest of The Child (pages 211-227) Beverly Horsburgh, Deconstructing Children’s Rights and Reimagining Children’s Needs: A Gender, Race, and Class Analysis of Infanticide (pages 229-234) Brett A. Barfied, Are Same-Sec Prenuptial Agreements Enforceable In Florida (Posik v. Layton) (pages 407-440) OTHER ARTICLES OF INTEREST (Alphabetical by author) Teresa M. Cole, Personal Injury Claims of Minors: Representing the Child’s Best Interest, 16 Preventive Law Reporter 27 (Winter 1997) Marsha Garrison, Autonomy or Community: An Evaluation of Two Models of Parental Obligation, 86 California Law Review 41-117 (January 1998) Pamela Markert, Custody Relocation: More Questions Than Answers Result From High Court Opinions in California and New York, 38 Santa Clara Law Review 521-554 (Spring 1998) Lynn Mather, The New Yuppie Female Lawyer: The Impact of Women on Divorce Law Practice, 39 New Hampshire Bar Journal 46-51 (March 1998) Jane C. Murphy, Legal Images of Motherhood: Conflicting Definitions from Welfare Reform, Family, and Criminal Law, 83 Cornell Law Review 668-766 (March 1998) Holly Noyes, Higher Penalties for Failing to Pay Child Support: A Look at Medical License Revocation, 19 Journal of Legal Medicine 127-142 (March 1998) Robin Runge, Double Jeopardy: Victims of Domestic Violence Face Twice the Abuse, 25 Human Rights 19-21 (Spring 1998) Robyn Shapiro, Who Owns Your Frozen Embryo? Promises and Pitfalls of Emerging Reproductive Options, 25 Human Rights 12-14 (Spring 1998) Carol Jean Sovinki, The Criminalization of Maternal Substance Abuse: A Quick Fix to a Complex Problem, 25 Pepperdine Law Review 107-139 (Dec. 1997) Barbara Stark, Guys and Dolls: Remedial Nurturing Skills in Post-Divorce Practice, Feminist Theory, and Family Law Doctrine, 26 Hofstra Law Review 293-376 (Winter 1997) Stephanie Vullo and L. Christopher Sandora, The Hague Convention on the Civil Aspects of International Child Abduction: Commencing a Proceeding in New York fir Return of a Child From a Foreign Nation, 14 Touro Law Review 199-245 (Fall 1997) Carolyn J. Woodruff, Tax Tips for Divorce Cases, 44 The Practical Lawyer 67 (April 1998) Rosalie R. Young, The Right to Appointed Counsel in Termination of Parental Rights Proceedings: The States’ Response to Lassiter, 14 Touro Law Review 247-282 (Fall. 1997) 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 © 1998 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 |
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