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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 September 1999. This months Ethics Spotlight will focus on Vickery v. Commission for Lawyer Discipline, No. 14-97-00586-CV (Tex. Ct. App. 14th Dist., July 29, 1999). ~ 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) Brett R.
Turner, Classification and Valuation of Good Will in Franchise
Business Cases (pages 157-166) Laura W. Morgan, Child Support Guidelines: Deviating for Private School Expenses (pages 167-171) Case Notes (pages 171-172) EQUITABLE DISTRIBUTION JOURNAL (published monthly; P .E573) Unavailable at this time FAIR$HARE (published monthly) John C.
Mayoue, Non-Marital Cohabitation Agreements (pages 2-5) J. Dennis
Casty, Tax Advantages of Alimony Over Lump Sum Property Settlement
(page 6) Ronald L.
Brown, An Attorney’s Failure to Comply with Divorce Obligations
(page 7) Kalman A.
Barson, Questions Not to Ask a Business Valuation Expert (pages
8-9)
Case Developments (pages 10-13) 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) OTHER
PERIODICALS 8 Columbia
Journal of Gender & Law No. 1 (1998): Special Focus on
Domestic Violence Zanita E. Fenton, Domestic Violence in Black and White: Racialized
Gender Stereotypes in Gender Violence, page 1 Audrey Rogers, Prosecutorial Use of Expert Testimony in Domestic
Violence Cases: From Recantation to Refusal to Testify, page 67 Laura LaVelle, Domestic Violence at Work at Columbia Law School,
page 93 32 Creighton
Law Review No. 4 (1998-99): Interjurisdictional Marriage
Recognition Symposium (Part II) Catherine M. Brooks, An Essay on Inter-jurisdictional Issues in
Adoption: Where Is This Child Not My Child?, page 1045 Stanley E. Cox, DOMA (The Defense of Marriage Act) and Conflicts of
Law: Congressional Rules and Domestic Relations Conflicts of Law,
page 1063 Katherine Shaw Spaht & Symeon C. Symeonide, Covenant Marriage and
the Law of Conflict of Laws, page 1085 34 Gonzaga
Law Review No. 2 (1998/99): Emerging Trends in Family Law Janice A. Drye, The Silent Victims of Domestic Violence: Children
Forgotten by the Judicial System, page 229 Craig Hemmens, Katherine Bennett, Out in the Street: Juvenile Crime,
Juvenile Curfews, and the Constitution, page 267 Lisa W. Martin, Providing Equal Justice for the Domestic Violence
Victim: Due Process and the Victim's Right to Counsel, page 329 Debra Raye Hayes Ogden, Prosecuting Domestic Violence Crimes:
Effectively Using Rule 404(b) to Hold Batterers Accountable for
Repeated Abuse, page 361 45 Loyola
Law Review No. 2 (Summer 1999): Pushing the Boundaries: An
Interdisciplinary Examination of New Reproductive Technologies Henry D. Gabriel & Eunice B. Davis, Legal Ethics in Reproductive
Technology, page 221 John Bologna Krentel, The Louisiana “Human Embryo” Statute
Revisited: Reasonable Recognition and Protection for the In Vitro
Fertilized Ovum, page 239 Kathryn Venturatos Lorio, The Process of Regulating Assisted
Reproductive Technologies: What We Can Learn from Our Neighbors--What
Translates and What Does Not, page 247 Richard A. McCormick, S.J., Reproductive Technologies: Where Are We
Headed?, page 269 Mary Z. Pelias & Margaret M. DeAngelis, The New Genetic
Technologies: New Options, New Hope, and New Challenges, page 287 Jill R. Green, Comment, Will the Marriage of Dick and Jane Evolve
into the Marriage of Jane and Jane?
Same-Sex Marriage: A Viable Union in the 21st Century,
page 313 39 Santa
Clara Law Review No. 4 (1999): From Partners to Parents: Toward a
Child Centered Family Law Jurisprudence Karen Czapanskiy, Interdependence, Families, and Children, page
957 John DeWitt Gregory, Interdependency Theory - Old Sausage in a New
Casing: A Response to Professor Czapanskiy, page 1037 James G. Dwyer, Children’s Interests in a Family Context - A
Cautionary Note, page 1053 Greer Litton Fox, Children’s Well-Being: Clues and Caveats from
Social Research, page 1075 June Carbone, The Missing Piece of the Custody Puzzle: Creating a New
Model of Parental Partnership, page 1091 8 Temple
Political & Civil Rights Law Review No. 2 (Spring 1999):
Redefining Violence Against Women Marina Angel, Foreword to Symposium on Redefining Violence Against
Women, page 273 Marina Angel, Abusive Boys Kill Girls Just Like Abusive Men Kill
Women: Explaining the Obvious, page 283 Eric Schaff, M.D., Redefining Violence Against Women: The Campaign of
Violence and the Delay of RU486, page 311 Nany J. Knauer, Same-Sex Domestic Violence: Claiming a Domestic Sphere While Risking Negative Stereotypes, page 325 Deborah Zalesne, Sexual Harassment Law: Has It Gone Too Far, or Has
the Media?, page 351 Phoebe A. Haddon, All the Difference in the World: Listening and
Hearing the Voices of Women, page 377 Holly Maguigan, Will Prosecutions for "Female Genital
Mutilation" Stop the Practice in the U.S.?, page 391 Penelope E. Andrews, Violence Against Women in South Africa: The Role
of Culture and the Limitations of the Law, page 425 Michelle S. Jacobs, Prostitutes, Drug Users, and Thieves: The
Invisible Women in the Campaign to End Violence Against Women,
page 459 Steven H. Aden, Esq., "Harm In Asking": A Reply to Eugene
Scalia and an Analysis of the Paradigm Shift in the Supreme Court's
Title VII Sexual Harassment Jurisprudence, page 477
Other Articles of Interest Comment, Civil
Enforcement of Religious Prenuptial Agreements, 32 Columbia
Journal of Law & Social Problems 359 (Summer 1999) Stephen
Elmo Averett, Grandparent Visitation Right Statutes, 13 Brigham
Young University Journal of Public Law 355 (1999) Mary B.
Bader & Leonard J. Sliwoski, Calculation of Child Support
Amounts in North Dakota When Obligors Are Business Owners, 75 North
Dakota Law Review 275 (1999) Jessica
Cherry, The Child as Apprentice: Enhancing the Child’s Ability to
Participate in Custody Decision-Making by Providing Scaffolded
Instruction, 72 South California Law Review 811
(January/March 1999) Hon. John
B. Crawley, Is the Honeymoon Over for Common Law Marriage: A
Consideration of the Continued Viability of the Common-Law Marriage
Doctrine, Cumberland Law Review 399 (1998-99) Douglas
Darnall, Parental Alienation: Not in the Best Interest of the
Children, 75 North Dakota Law Review 323 (1999) Judith D. Fischer, Misappropriation of Human Eggs and Embryos and the Tort of Conversion: A Relational View, 32 Loyola of Los Angeles Law Review 381 (January 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) Maya
Grosz, To Have and To Hold: Property and State Regulation of
Sexuality and Marriage, 24 New York University Review of Law
& Social Change 235 (1998) Melissa
Ash Haggard, Adultery: A Comparison of Military Law and State Law
and the Controversy This Causes Under Our Constitution and Criminal
Justice System, 37 Brandeis Law Journal 469 (Spring
1998-99) Whitney
McVay Henderson, Move-Away Cases: (Custodial Parent v. Noncustodial
Parent) v. Child: Whose Best Interest Should Prevail When There is a
Conflict?, 7 San Francisco Law Review 107 (1997) Howard H.
Irving, Michael Benjamin, & Jose San-Pedro, Family
Mediation and Cultural Diversity: Mediating with Latino Families,
16 Mediation Quartlery 325 (Summer 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 385 Review (Summer
1999) Timothy
E. Lin, Social Norms and Judical Decision-Making: Examining the
Role of Narratives in Same-Sex Adoption Cases, 99 Columbia Law
Review 739 (April 1999) Stacy L.
Mills, He Wouldn't Listen to Me Before, But Now . . .: Interspousal
Wiretapping and an Analysis of State Wiretapping Statutes, 37 Brandeis
Law Journal 415 (Spring 1998-99) Jodi L.
Nelson, The Lautenberg Amendment: An Essential Tool for Combatting
Domestic Violence, 75 North Dakota Law Review 365 (1999) Jennifer
K. Robbennolt & Monica Kirkpatrick Johnson, Legal Planning for
Unmarried Committed Partners: Empirical Lessons for a Preventive and
Therapeutic Approach, 41 Arizona Law Review 417 (Summer
1999) Daniel J.
Sharfstein, Case Note, No Cure for a Broken Heart, 108 Yale
Law Journal 2451 (June 1999) J. Robert
Shull, Emotional and Psychological Child Abuse: Notes on Discourse,
History, and Change, 51 Stanford Law Review 1665 (July
1999) Scott
Singley, Professional Goodwill: How Mississippi Produces and
“Inequitable” Distribution of Property Pursuant to Divorce by
Excluding Professional Goodwill, 68 Mississippi Law Journal
1053 (Spring 1999) Kelly Gaines Stoner, The Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA)--A Metamorphosis of the Uniform Child Custody Jurisdiction Act (UCCJA), 75 North Dakota Law Review 301 (1999) Heather
Tonsing, Battered Women’s Syndrom as a Tort Cause of Action, 12
Journal of Law & Health 407 (1997-98) Carla M.
Venhoff, Divorce or Death, Remarriage and Annulment: The Path Toward
Reinstating Financial Obligations from a Previous Marriage, 37 Brandeis
Law Journal 435 (Spring 1998-99) Jennifer M.
Waterworth, Comment, Grounds for Award of Custody: The North Dakota
Supreme Court Recognizes That "Stay-at-Home Dad"
Was Not Discriminated Against Due to His Non-Traditional Role: Hogue v. Hogue, 1998 N.D.
26, 574 N.W.2d 579, 75 North Dakota Law Review 391 (1999)
And last but not least, included here because I just couldn’t believe it:
Kenneth W. Starr, Truth and Truth-Telling, 30 Texas
Tech Law Review 901 (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 |