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FAM-LAW-LIT: A SURVEY OF CURRENT PERIODICAL LITERATURE ADDRESSING FAMILY LAW ISSUES Laura W. Morgan, Esquire Welcome to FamLawLit, a survey of current periodical literature concerning family law issues, for October 1999. This months Ethics Spotlight will focus on Heffernan v. Hunter, No. 98-1749 (3d Cir. August 26, 1999). ~ PRIMARY FAMILY LAW PERIODICALS ~ AMERICAN
JOURNAL OF FAMILY LAW (published quarterly; P .A56533) Departments: David Walther and Anne Kass, Family
Law Ethics: Positional Conflict: Considering a One-Side-Representation
Rule (pages 137-139) Lynne Z. Gold-Biken, Trial
Techniques: Properly Preparing for Trial (pages 140-143) Mark A. Chinn, Practice
Management: Ten Tips to Enjoy Life as an “A” Personality Lawyer
(pages 144-147) Articles: Judge V. Michael Brigner
& C.R. Bowles, Bankruptcy and Divorce Law: Can an Unholy Alliance
Make the End of an Unhappy Marriage Less Painful? (pages 148-156):
How a pre-divorce bankruptcy can actually benefit both parties. George S. Stern & Janis
Y. Dickman, A Premarital Agreement Primer (pagees 157-165): The
basics of drafting considerations. Russel Murray III, Interstate
Custody at the Millennium - Acronyms Abound: The PKPA, UCCJA, and UCCJEA
(pages 166-180): A rather thorough examination of the history of custody
jurisdiction, with three useful appendices. Michael S. Cohen, How to
Present and Defend and Postdecree Maintenance Case (pages 181-187):
Preparing the client, engaging in discovery, trial preparation, expert
witnesses, and closing argument in a postdecree maintenance case. David H. Kelsey & B.
Lynne Hartwell, International Custody: Two Approaches to the
International Shuttling of Children (pages 188-194): How to deal
with international issues when children travel abroad to visit parents. Celia Guzaldo Gamrath, Equitable Adoption: A New Breed of Children (pages 195-200): A survey of the equitable adoption, whereby parents are deemed the legal parents of children agreed to adopt.
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) Janet E. Atkinson & Laura W. Morgan, The Uniform Interstate Family Support Act: 1999 Comprehensive Update (pages 173-194): A complete roundup of cases construing UIFSA. EQUITABLE
DISTRIBUTION JOURNAL (published monthly; P .E573) Joan L. Cobb, Right to
Appeal - Accepting Benefits of Judgment (pages 73-76) In the Courts: A Survey of New and Noteworthy Equitable Distribution (pages 76-84) FAIR$HARE
(published monthly) Mark E. Sullivan, Negotiation
Techniques in Family Law Practice (Part I of IV) (pages 2-5):
Discussing facts, opponents, negotiating leverage, and timing. Joseph W. Cunningham, Avoiding
Adverse Effects of Property Settlement Caryover Basis Rules (pages
6-7): Avoiding adverse tax consequences of transfers of property. Gregg Herman, Is There
Anything Funny About Divorce? (pages 7-8): How to put clients at
ease, and coat the bitter pill of divorce with a little sugar. Darrell V. Arne, Benefits
of Using a Joint Court-Appointed Expert (page 9): How to use a court
appointed expert to the best advantage. Reprint: What to Do if a Child Abduction is Threatened (pages 14-15) 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: Some Current Issues in the
Practice of Family Law Louis Parley, Introduction
(pages 277-282) Marsha Kline Pruett and
Tamara D. Jackson, The Lawyer’s Role During the Divorce Process:
Perceptions of Parents, Their Young Children, and Their Attorneys
(pages 283-310) Louis Parley, Attorney-Client
Communications: Now What is it Exactly That We are Supposed to Tell
Them? (pages 311-328) Daniel L. Bray and Michael D.
Ensley, Dealing with the Mentally Incapacitated Client: Ethical
Issues Facing the Attorney (pages 329-348) Michael L. Kleiman and David
N. Hofstein, Ethical Concerns Relating to Communications with
Represented Parties (pages 349-360) Andrew S. Grossman, Avoiding
Legal Malpractice in Family Law Cases: The Dangers of Not Engaging in
Discovery (pages 361-386) Linda J. Ravdin and Kelly J.
Capps, Alternative Pricing of Legal Services in Domestic Relations
Practice: Choices and Ethical Considerations (pages 387-418) Ronald W. Nelson, Legal Ethics and the Internet: Ethical Considerations in Electronic Communications Between Attorneys and Clients (pages 419 et seq.): The most brilliant article I have ever read on the topic.
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 Special Symposia of
Interest 8 Social & Legal
Studies (September 1999) Special Issue: Reflections, New Directions:
Gender, Sexuality and Law; Guest Editors: Noel Whitty, Michael Thomson
and Didi Herman on behalf of the Keele University Gender, Sexuality and
Law Research Group Other Articles (Listed
alphabetically by author) Libby Adler, Federalism
and Family, 8 Columbia Journal of Gender and the Law 197
(1999) Bill Atkin and Andrew Black, Child
Support ‑‑ Supporting Whom?, 30 Victoria University
of Wellington (New Zealand) Law Review 221 (June 1999) Genevieve Louise Adamo, Grandparent
Visitation Rights in Ohio After Grandchild Adoption: Is it Time to Move
in a New Direction?, 46 Cleveland State Law Review 385 (1998) Mary Bonauto, Susan M.
Murray, Beth Robinson, Brief: The
Freedom to Marry for Same‑Sex Couples: The Reply Brief of
Plaintiffs Stan Baker et al. in Baker et al. v. State of Vermont, 6 Michigan
Journal of Gender & Law 1 (1999) Carl Giesler, Dancing
Together at Their Child's Wedding: Practical Advice for Negotiating
Effective Settlements in Family Law, 3 Harvard Negotiation Law
Review 313 (Spring 1998) Jill Jones, Fanning an Old
Flame: Alienation of Affections and Criminal Conversation Revisited,
26 Pepperdine Law Review 61 (December 1998) Carol J. King, Burdening
Access to Justice: The Cost of Divorce Mediation on the Cheap, 73 St.
John’s Law Review 375 (Spring 1999) Gary H. Nichols, Covenant
Marriages: Should Tennessee Join the Noble Experiment?, 29 University
of Memphis Law Review 397 (Winter 1999) Caroline S. Palmer, The
Risks of State Intervention in Preventing Prenatal Alcohol Abuse and the
Viability of an Inclusive Approach: Arguments for Limiting Punitive and
Coercive Prenatal Alcohol Abuse Legislation in Minnesota, 10 Hastings
Women’s Law Journal 287 (Summer 1999) Corey Silberstein Shdaimah, Why
Breastfeeding is (Also) a Legal Issue, 10 Hastings Women’s Law
Journal 409 (Summer 1999) Paul Vlaardingerbroek, Changing
Family Forms and the Law of Succession, 7 Tilburg Foreign Law
Review 347 (1999) Kristian D. Whitten, Section
Three of the Defense of Marriage Act: Is Marriage Reserved to the
States?, 26 Hastings Constitutional Law Quarterly 419 (Winter
1999) Bryan H. Wildenthal, To Say “I Do”: Shahar v. Bowers, Same‑Sex Marriage, and Public Employee Free Speech Rights, 15 Georgia State University Law Review 381 (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 © 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. |