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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 October 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 Bakker v. McKinnon, a case concerning at attorney’s ethics in obtaining a credit report on her client’s adversary. ~ 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) Nadine E. Roddy, The Preclusive Effect of Paternity Findings in Divorce Cases (pages 169 - 180): A survey of cases across the country considering whether a finding in a divorce case that a child is "born of the marriage" precludes a later challenge to paternity. Laura W. Morgan, Five Tips When Facing an International Child Abduction (pages 180 - 182): The author offers practical advise on who to call and what to do when you suspect that a parent is about to flee for parts unknown with a child. EQUITABLE DISTRIBUTION JOURNAL (published monthly; P .E573) National Legal Research Group Joan L. Cobb, Premarital Pension Rights: The author surveys case law considering how to divide pensions that are acquired before and during the marriage. Aspen Law & Business Gregg Herman, The Ten Commandments of Domestic Negotiations (Part I of II): The first five rules for successful negotiation of divorce settlements: be cordial; do not give ultimata; do not give deadlines; make full disclosure voluntarily and freely; don’t be afraid to take the first step. Lowell H. Sucherman and Michelene Insalaco, Tape Recorded Evidence: Tempting, But Is It Legal?: Focusing on California state law, a review of case law concerning tape recorded evidence in divorce cases. Lewis Becker, Some Ethical Aspects of Representing an Abused or Abusive Spouse: An interesting fact situation is posited where the abusive spouse is an attorney, and whether the attorney’s domestic problems are violations of the ethical rules. Jay E. Fishman and William J. Morrison, Minority Discount in Family Business (Oil and Gas Company): Review of Kaiser v. Kaiser, 555 N.W.2d 585 (N.D. 1996). 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 Patricia M. Hoff, The ABC’s of the UCCJEA: Interstate Child-Custody Practice Under the New Act (pages 267-299): An introduction to the new and improved uniform child custody jurisdiction and enforcement act. Robert G. Spector, Uniform Child-Custody Jurisdiction and Enforcement Act (pages 301-384): The reporter for the Uniform Laws commission offers his comments on the new UCCJEA. John J. Sampson, Uniform Interstate Family Support Act (1996) (pages 385-520): An update of a previous article, explaining the provisions of UIFSA. 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. JUVENILE AND FAMILY COURT JOURNAL National Council of Juvenile and Family Court Judges William B. Brown, The Fight for Survival: African-American Gang Members and Their Families in a Segregated Society (pages 1-14): Beatrice Yorker, Susan Kelley, Deborah Whitley, Andrew Lewis, Jennifer Magis, Amy Bergeron, Carol Napier, Custodial Relationships of Grandparents Raising Grandchildren: Results of Home-Based Intervention Study (pages 15-25): David Shichor and Dale K. Sechrest, A Comparison of Mediated and Non-Mediated Juvenile Offender Cases in California (pages 27-39): Bohsiu Wu and Angel Ilarraza Fuentes, The Entangled Effects of Race and Urban Poverty (pages 41-53) Robin A. Lemmon and Sharon K. Calhoon, Predicting Juvenile Recidivism: Using the Indiana Department of Corrections Risk Assessment Instrument (pages 55-62) OTHER PERIODICALS SPECIAL SYMPOSIA OF INTEREST 9 Stanford Law & Policy Review No. 2 (Spring 1998) Living Longer: A Legal Response to Aging in America 35 Houston Law Review No. 1 (Summer 1998) Domestic Violence and the Health Care System 33 Willamette Law Review No. 4 (Fall 1997) Domestic Violence Symposium Issue 16 Behavioral Sciences and the Law No. 2 (Spring 1998) Families and the Courts 88 Journal of Criminal law and Criminology No. 1 (Fall 1997) The Future of the Juvenile Court OTHER PERIODICALS (Alphabetical by author) Abed Awad, Attorney-Client Sexual Relations, 21 Journal of the Legal Profession 131-191 (Annual 1997) Barbara A. Babb, Fashioning an Interdisciplinary Framework for Court Reform in Family Law: A Blueprint to Construct a Unified Family Court, 71 Southern California Law Review 469-545 (March 1998) Brian Bix, Bargaining in the Shadow of Love: The Enforcement of Pre-Marital Agreements and How Think About Marriage, 40 William & Mary Law Review (Fall 1998) (A most excellent article on the topic) Jennifer R. Brannen, Unmarried With Privileges? Extending the Evidentiary Privilege to Same-Sex Couples, 17 Review of Litigation 311-341 (Spring 1998) Karen Rothschild Cavanaugh and Daniel Pollack, Child Support Obligations of Incarcerated Parents, 7 Cornell Journal of Law and Public Policy 531-553 (Winter 1998) Craig W. Christensen, If Not Marriage? On Securing Gay and Lesbian Family Values by a Simulacrum of Marriage, 66 Fordham Law Review 1699-1784 (April 1998) Christine M. Donnelly, Until Debts Do Us Part: Marital Property Settlements in Bankruptcy, 103 Commercial Law Journal 98-121 (Spring 1998) Tisha Morris Federico, The Impact of the Defense of Marriage Act on Section 302 of the Bankruptcy Code and the Resulting Renewed Interest in the Equitable Doctrine of Substantive Consolidation, 103 Commercial Law Journal 82-97 (Spring 1998) David Gerstein, Evidentiary Trends in Domestic Violence, 72 Florida Bar Journal 65-68 (July-August 1998) Christina Tavella Hall, Sex On-Line: Is This Adultery?, 20 Hastings Communications and Entertainment Law Journal 201-221 (Fall 1997) Cheryl Hanna, The Paradox of Hope: The Crime and Punishment of Domestic Violence, 39 William and Mary Law Review 1505-1584 (May 1998) Laurence D. Houlgate, What is Legal Intervention in the Family? Family Law and Family Privacy, 17 Law and Philosophy 141-158 (March 1998) Krista MacNevin Jee, Hearsay Exceptions in Child Abuse Cases: Have the Courts and Legislatures Really Considered the Child?, 19 Whittier Law Review 559-594 (Summer 1998) Stephen Joseph, How Courts Have Interpreted the Phrases "Ability to Pay" and "Outweighs the Detrimental Consequences" under 11 U.S.C. § 523(a)(15)(A) and (B) of the Bankruptcy Code in Cases Involving Nondischargeable Divorce Obligations (Part I), 103 Commercial Law Journal 67-81 (Spring 1998) Susan Kreston, International Parental Kidnapping, 32 Prosecutor: Journal of the National District Attorneys Association 20 (March-April 1998) Merritt McKeon, The Impact of Domestic Violence On Child Custody Determinations in California: Who Will Understand?, 19 Whittier Law Review 459-48 (Summer 1998) Kathleen Niggemyer, Parental Alienation is Open Heart Surgery: It Needs More than a Band-Aid to Fix It, 34 California Western Law Review 567-589 (Spring 1998) George A. Norwood, Who Is Entitled to Receive a Deceased Participant’s ERISA Retirement Plan Benefits - An Ex-Spouse or Current Spouse?, 33 Gonzaga Law Review 61-102 (Fall 1997) James M. Patten, The Defense of Marriage Act: How Congress Said "No" to the Full Faith and Credit Clause of the Constitution, 38 Santa Clara Law Review 939-959 (Summer 1998) Judith M. Reichler and Gila Brownstein, Child Support After Cassano: Do We Need a Formula for Joint Custody?, 70 New York State Bar Journal 55-59 (May-June 1998) Ellen K. Solender, Report on Miscommunication Problems Between the Family Courts and Domestic Violence Victims, 19 Women’s Rights Law Reporter 155-160 (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 |
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