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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 1998. This page provides a synopsis of current law review articles that discuss issues in family law. This month’s "Ethics Spotlight" focuses on the consequences of a client or witness pleading the Fifth Amendment in a divorce or related proceeding. ~ PRIMARY FAMILY LAW PERIODICALS ~ AMERICAN JOURNAL OF FAMILY LAW (published quarterly; P .A56533) Aspen Law & Business Mark A. Sullivan, Ten Tips (and Traps) for Family Law Negotiations (pages 75-82): The author posits that just as the trial of a case requires a lawyer’s special skills, negotiations also require specific skills. The author offers ten tips and traps found in the negotiation of a domestic case. Lois V. Nightingale, How to Manage an Enraged Divorcing Parent (pages 83-93): The article outlines practical suggestions to the attorney dealing with an enraged parent, specifically offering suggestions on how to defuse anger. James J. Podell, More on the Taxpayer Relief Act of 1998: Credits, Payments to Attorneys, and Capital Gains Taxes (pages 94-97): An outline on the provisions of the Taxpayer Relief Act of 1998 that are of significance to family law attorneys. Mark Gruber, Cybersex and Divorce: Wiretapping and Interception of a Spouse’s Electronic Communication (pages 98-107): An outline of when retrieval of incriminating evidence from hard drives, internet services, recycle bins, electronic storage areas may be criminal. Robert D. Feder, Cross-Examination of Business Appraisers (pages 108-125): An outline of the national appraisal standards in order to create an effective cross-examination of a business valuation expert. Joel L. Kirschbaum and Katherine O. Birnbaum, Representing a Spouse Accused of Domestic Violence in Divorce Proceedings (pages 126-129): Practical methods of preparing for a presenting a defense for a client accused of domestic violence. 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) Arthur J. Amman, M.D., Introduction: The Need to Resolve Emerging Ethical, Legal, and Policy Issues Affecting Children with Serious and Life Threatening Diseases (pages 2-5): The author discusses the need for legal and legislative intervention to protect the health and welfare of children in the United States and abroad. James G. Hoge, Jr. and Michael J. Parini, Perinatal HIV Transmission: A Children’s Human Rights Perspective (pages 6-19): An analysis of the human rights implications of public health programs to prevent perinatal HIV transmission. Harold Paul Katner, Children and Adolescents with HIV/AIDS: Medical Breakthroughs and Prevention Failures (pages 20-26): A review of some of the major medical breakthroughs that have given hope to those with HIV/AIDS. Ralph E. Kauffman, Drug Safety, Testing, and Availability for Children (pages 27-34): The author posits that the lack of clinical research to support approval and labeling of drugs for children presents physicians caring for children with an untenable conundrum: deprive children of possibly therapeutic drugs, or prescribe drugs off label. The author suggests the solution lies promoting ways the FDA can include pediatric information on drugs. Michael Lipson, Psychology and the Dying Child: A Fundamental Challenge to Health and Service Professionals (pages 35-38): A review of ways health professionals can understand children’s dying, and work to overcome the emotional barriers to adequate care. Ellen Wright Clayton, Genetic Testing in Children: The Law’s Role in Addressing the Challenges Posed by New Technology (pages 39-42): The physician’s role in preventing children from inappropriate genetic testing and parental treatment requests. Mary Z. Pelias, Genetic Testing: Who Decides, Who Informs? (pages 43-46): A family by family approach to the ethical question of whether to provide genetic testing and information. DIVORCE
LITIGATION (published monthly) Lois M. Schwaeber, Domestic Violence: The Special Challenge in Custody and Visitation Dispute Resolution (pages 141-160): The author, a Senior Staff Attorney for the Nassau County (New York) Coalition Against Domestic Violence, offers a nationwide review of statutes addressing the affect of domestic violence on custody/visitation decisions, and ways an attorney can handle a custody/visitation case where domestic violence is an issue. EQUITABLE DISTRIBUTION JOURNAL (published monthly; P .E573) National Legal Research Group Joan L. Cobb, Spending Marital Funds for Attorneys’ Fees: A review of case law on the issue of whether a spouse dissipates assets by unilaterally spending marital funds to pay legal fees. Aspen Law & Business Hon. Linda G. Morrissey and Brenda Kimery, Handling Domestic Abuse Clients (Part II of II) (pages 2-6): Drawing from the ABA Section of Family Law Presentation What Lawyers and Judges May Not Understand About Domestic Violence: Recognizing the Emotional Effects of Abuse in Divorce Proceedings, the authors focus on the judiciary’s response to domestic violence cases. Mark A. Chinn, The Ins and Outs of the Exit Interview (pages 7-10): The author provides issues and warnings for the final client interview at the conclusion of the domestic relations case. Lewis Becker, Some Ethical Aspects of Representing An Abused or Abusive Spouse (pages 11-12): Addressing what guidance a lawyer should give a client about the counseling process and about specific matters that might come up in counseling. George P. Roach, A Business Appraiser’s Model for Separating Professional and Personal Goodwill (pages 13-15): A checklist with commentary on how to distinguish personal from goodwill, and how to separate it out for valuation purposes. American Bar Association Section of Family Law FAMILY AND CONCILIATION COURTS REVIEW (published quarterly; P .C6533) Association of Family and Conciliation Courts (Special Issue: A Commemoration of THE SECOND WORLD CONGRESS on Family Law and the Rights of Children and Youth, San Francisco, California, June 1997) Chief Justice Alastair Nicholson, Opening Remarks (pages 327-332) Joe Ramos-Horta, Children of War (pages 333-344) Reverend Canon George Nairn-Briggs, The Care and Protection of Children and Youth: A Public of Private Responsibility (pages 345-354) Kerstin Trone, The Effects of Poverty on Children, Youth, and Families (pages 355-359) James Garbarino, Children in a Violent World: A Metaphysical Perspective (pages 360-367) Judith S. Wallerstein and Julia Lewis, The Long-Term Impact of Divorce on Children: A First Report from a 25-Year Study (pages 368-383) The Honourable Claire L’Heureux-Dube, A Response to Remarks by Dr. Judith Wallerstein on the Long-Term Impact of Divorce on Children (pages 384-391) Janet R. Johnston and Linda K. Girdner, Early Identification of Parents at Risk for Custody Violations and Prevention of Child Abductions (pages 392-408) Craig Kielburger, Children Helping Children Around the World (pages 401-416) Gina De Vries, Issues Affecting Gay, Lesbian, Bisexual, Transgender, and Questioning Youth (pages 417-426) 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): Whether a unified court helps or hinders the best interests of a child in a child protection case. Gerald W. Hardcastle, Joint Custody: A Family Court Judge’s Perspective (pages 201-219): A judge’s perspective on the presumption that joint custody is preferred. Martin J. McMahon, Jr., Tax Aspects of Divorce and Separation (pages 221-265): An update of recent tax legislation affecting family law attorneys. 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; P .I6786) Margaret Hall, A Ministry for Children: Abandoning the Interventionist Debate in British Columbia (pages 121-145) Catherine Blatier, The Specialized Jurisdiction in France: A Better Chance for Minors (pages 146-160) Debbie S.L. Ong, The Test of Sex for Marriage in Singapore (pages 161-179) Teresa Piconto-Novales, The Application of Spanish Child Welfare Law (pages 180-201) Suzanne Hoelgaard, Cultural Determinants of Adoption Policy: A Colombian Case Study (pages 202-241) 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 7 Temple Law Political & Civil Rights Law Review No. 2 (Spring 1998) Constructing Family, Constructing Change: Shifting Legal Perspectives on Same-Sex Relationships The Honorable Phyllis W. Beck, The Metamorphosis of the Family (pages 251-254) Theresa Glennon, Binding the Family Ties: A Child Advocacy Perspective on Second-Parent Adoptions (pages 255-284) Sally F. Goldfarb, Family Law, Marriage, and Heterosexuality: Questioning the Assumptions (pages 285-302) Odeana R. Neal, Writing Rules Does Not Right Wrongs (pages 303-306) William N. Eskridge, Jr., Three Cultural Anxieties Undermining the Case for Same-Sex Marriage (pages 307-318) Sheila Rose Foster, The Symbolism of Rights and the Costs of Symbolism: Some Thoughts on the Campaign for Same-Sex Marriage (pages 319-328) William N. Eskridge, Jr. and Sheila Rose Foster, Discussion of Same-Sex Marriage (pages 329-336) Nancy J. Knauer, Domestic Partnership and Same-Sex Relationships: A Marketplace Innovation and a Less Than Perfect Institutional Choice (pages 337-362) Charles R.P. Pouncy, Marriage and Domestic Partnership: Rationality and Inequality (pages 363-378) Shoshana Bricklin, Legislative Approaches to Support Family Diversity (pages 379-394) Deborah Zalesne, When Men Harass Men: Is It Sexual Harassment? (pages 395-416) Scott Burris, Gay Marriage and Public Health (pages 417-428) Raymond C. O’Brien, Singe-Gender Marriage: A Religious Perspective (pages 429-484) Chai R. Feldblum, A Progressive Moral Case for Same-Sex Marriage (pages 485-494) Mark C. Rahdert, Same-Sex Relationships: A Constitutional Commentary (pages 495-515) Other Periodicals (Alphabetical by Author) Christina Tavella Hall, Sex Online: Is this Adultery?, 20 Hastings Communications and Entertainment Law Journal 201-221 (Fall 1997) Hope Toffel, Crazy Women, Unharmed Men, and Evil Children: Confronting Myths About Battered People Who Kill Their Abusers, and the Argument For Extending Battering Syndrome Self-Defenses to All Victims of Domestic Violence, 70 Southern California Law Review 337-380 (Nov. 1996) Karen L. Ross, Revealing Confidential Secrets: Will It Save Our Children?, 28 Seton Hall Law Review 963-999 (Summer 1998) Paula Roberts, The Potential of Child Support as Income for Low-Income Families, 31 Clearinghouse Review 565-583 (March-April 1998) Alan L. Cook, The Armed Forces and a Model Employer in Child Support Enforcement: A Proposal to Improve Service of Process on Military Members, Military Law Review 153-226 (Feb. 1998) Judith G. McMullen, Prodding the Payor and Policing the Payee: Using Child Support Trusts to Create an Incentive for Prompt Payment of Child Support Obligations, 32 New England Law Review 439-478 (Winter 1998) Andrew Koppelman, Same-sex Marriage, Choice of Law, and Public Policy, 76 Texas Law Review 921-1001 (April 1998) Janet M. Bowermaster, Relocation Custody Disputes Involving Domestic Violence, 46 University of Kansas Law Review 433, 463 (April 1993) Robert M. Gordon, The Limits of the Limits on Divorce, 107 Yale Law Journal 1435-1465 (March 1998) Katherine L. Caldwell, Not Ozzie and Harriet: Postwar Divorce and the American Liberal Welfare State, 23 Law and Social Inquiry 1-53 (Winter 1998) Mark Strasser, For Whom Bell Tolls: On Subsequent Domiciles’ Refusing to Recognize Same-sex Marriages, 66 University of Cincinnati Law Review 339-383 (Winter 1998) 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 |