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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 November 1999. This page provides a synopsis of current law review articles that discuss issues in family law. There will be no Ethics Spotlight this month. ~ 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.
Children
and Technology Parry Aftab
and Nancy L. Savitt, Protecting Children’s Privacy and Regulating
Cybertot Marketing Practices Online (pages 2-13): A discussion of
new hard-sell marketing strategies that target children online by
collection of personal data, and how to protect a child’s private
information. Neeta
Ragoowansi and Lynne B. Clement, Students on the Internet - Rights
and Education (pages 14-32): A discussion of issues raised by
students’ access to the Internet - censorship, in loco parentis of
schools, the treatment of students as citizens and learners. Michael
Furlong, Renee Pavelski, Jeff Klein, Susan Ko, and Katherine Elliott, The
Effects of Media Violence on Youth (pages 33-42): An overview of the
effects of medial exposure depicting violence on children and
adolescents. John R.B.
Clement, The State of Technology in U.S. Schools: Making Counts of
Technology/Making Technology Count (pages 43-47): The article
adresses the questions of what is known about the spread of computing
and networking technologies in U.S. schools, and how we can go about
improving the information we have. Marcy Cohen
Turner, Regulating Internet Pornography: Should Parents or the
Government Be in Control? (pages 48-60): The author posits that only
through a combination of parental monitoring and involvement with their
children’s Internet activities, and strict laws punishing those who
attempt to distribute pornography or stalk children, can children’s
interests fully be protected. Bruce
Watson, Why Libraries Should Filter Internet Access (pages
61-64): The article reviews the main areas of contention in the debate
regarding library filters of Internet access. Bennett Haselton, Commentary: The Effects of the V-Chip (pages 65-68): An argument urging regulators not to forget to defend the First Amendment rights of television broadcasters as well as Internet publishers. DIVORCE
LITIGATION (published monthly) Laura W.
Morgan, Whose Money Is It, Anyway?
Accounting For Child Support (pages 197-203): A survey of statutes and cases
mandating that the custodial parent account for how child support is
spent, and a recommendation that such laws be abolished or construed
more strictly. Marvin
Snyder, An Actuary’s Comments on Pensions in Divorce (pages
203-210): New Cases (pages 210-212) EQUITABLE
DISTRIBUTION JOURNAL (published monthly; P .E573) Michael W.
Morgan, Waiver of ERISA Rights in an Antenuptial Agreement (pages
85-89) In the Courts: A Survey of New and Noteworthy Equitable Distribution (pages 90-96) FAIR$HARE
(published monthly) unavailable FAMILY
ADVOCATE Collecting
Your Fee Stephen
J. Harhai, Tools of the Trade: Digital Law Office Update Carl
Gilmore, Book Review: Child Sexual Abuse in Civil Cases: The
Guide to Custody and Tort Actions, by Anne Haralambie, and The
Custody Wars: Why Children Are Losing the Legal Battle and What We Can
Do About It, by Mary Ann Mason Gary
Silverman, Getting Started, Getting Paid (with Sample Fee
Agreement) Linda J.
Ravdin, Reflections on Collections (with Sample Bill and Sample
Retainer Agreement) Jane L.
Estreicher, The Litigation Budget (with Sample Litigation Budget) Carl W.
Gilmore, Those Priceless Experts Edward M.
Ginsberg, Fee Shifting: How One Judge Views the Process Ellen R.
Peck, On the Ethical Edge: A Practical Guide to Fair Fees and
Collections Jordan C.
Loeb, What to Do When the Client Stops Paying Wendelin I. Lipp and Alan D. Eisler, When Bankruptcy Beckons FAMILY
AND CONCILIATION COURTS REVIEW (published quarterly; P .C6533) Janet R.
Johnston, Response to Clare Dalton's "When Paradigms Collide:
Protecting Battered Parents and Their Children in the Family Court
System" (page 422) Forrest S.
Mosten, Mediation and the Process of Family Law Reform (page 429) Jay Folberg,
Family Courts: Assessing the Trade-Offs (page 448) Justice
David M. Steinberg, Developing a Unified Family Court in Ontario
(page 454) Nancy
Thoennes and Jessica Pearson, Supervised Visitation: A Profile of
Providers (page 460) Martha
Bailey, Supervised Access: A Long-Term Solution? (Page 478) Anita
Vestal, Mediation and Parental Alienation Syndrome: Considerations
for an Intervention Model (page 487) Rachel
Birnbaum and Helen Radovanovic, Brief Intervention Model for
Access-Based Postseparation
Disputes: Family and Court Outcomes (page 504) M. Dee Samuels, Book Review: Divorced Dads: Shattering the Myths, by Sanford L Braver with Diane O'Connel (page 514) 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.
Complete
abstracts available online: http://www3.oup.co.uk/lawfam/hdb/Volume_13/Issue_03/ R.
Dingwall and G. Pascall, Family Law, Social Policy and European
Welfare States: Introduction
(pages 229-234) S.
Portugal, Family and Social Policy in Portugal (pages 235-246) M.C.
Sottomayor, The Introduction and Impact of Joint Custody in Portugal
(pages 247-257) G. Pascall,
UK Family Policy in the 1990s: The Case of New Labour and Lone
Parents (pages 258-273) H.E. Hörster,
Does Portugal Need to Legislate on De Facto Unions? (pages
274-279) MJRCV Tomé,
Social Security Law and the Divorced Wife in Portugal: a Proposal
Based on the Community Property of Acquests Marital Regime (pages
280-291) H. Joshi, Diverse
Family Living Situations and Child Development: a Multi-level Analysis
Comparing Longitudinal Evidence from Britain and the United States
(pages 292-314) W.M.
Schrama, Registered Partnership in the Netherlands (pages
315-327) D.S.L. Ong, The Singapore Family Court: Family Law in Practice (pages 328-349) 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 Kelsey S.
Barnes, The Economics of Violence: Why Freedom From Domestic
Violence Must Be Treated as a Developmental Fight in International Law,
6 U. Miami Yearbook of International Law 97 (1997-98) Deborah
Epstein, Effective Intervention in Domestic Violence Cases:
Rethinking the Roles of Prosecutors, Judges, and the Court System,
11 Yale Journal of Law and Feminism 3 (1999) Shelley
Gavigan, Legal Forms and Family Norms: What Is a Spouse?, 14 Canadian
Journal of Law and Society 127 (Spring 1999) Patrick
J. Hagan and Pamela Winston Bertani, The Admissibility of
"Scientific" Evidence: Gatekeeping and the Admissibility of
Scientific Evidence in The Post Daubert/Joiner/Kumho Tire World,
49 Federation of Insurance & Corporate Counsel Quarterly
459 (Summer 1999) Rochelle
D. Jackson, The War Over Children's Rights: And Justice for All?
Equalizing the Rights of Children, 5 Buffalo Human Rights Law
Review 223 (1999) Jonathon
S. Jemison, Collecting and Enforcing Child Support Orders with the
Internal Revenue Service: An Analysis of a Novel Idea, 20 Women’s
Rights Law Reporter 137 (Spring/Summer 1999) Barbara
George Johnson, Young v. Hector:
Stay‑at‑Home Dad vs. Professional Mom, 20 Women’s
Rights Law Reporter 195 (Spring/Summer 1999) Nina
Mojiri-Azad, Social Security Benefits to Widows: The Ongoing
Favoritism of Single-Earner Families and the Impact on Elderly Women,
17 Law and Inequality 537 (Summer 1999) Note, Who
Pays for Guilt?: Recent Fault‑Based Divorce Reform Proposals,
Cultural Stereotypes and Economic Consequences, 40 Boston College
Law Review 611 (March 1999) Mary
Elizabeth Putnick, The State as Parent: Using Attachment Theory to
Develop Child Welfare Policy in the Best Interest of the Child, 24
New York University Review of Law & Social Change 419
(1998) Joshua R.
Schwartz, Laymen Cannot Lawyer, But Is Mediation the Practice of
Law?, 20 Cardozo Law Review 1715 (May 1999) John W.
Teeter, Jr., The Daishonin's Path: Applying Nichiren's Buddhist
Principles to American Legal Education, 30 McGeorge Law Review
271 (Winter 1999) Carrie L.
Wambaugh, Biology Is Important, but Does Not Necessarily Always
Constitute a "Family": a Brief Survey of the Uniform
Adoption Act, 32 Akron Law Review 791 (1999) And, finally, for a little
bedtime reading: Sarah Abramowicz, English Child Custody Law, 1660-1839: The Origins of Judicial Intervention in Paternal Custody, 99 Columbia Law Review 1344 (June 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. |