FAM-LAW-LIT: A SURVEY OF CURRENT PERIODICAL LITERATURE ADDRESSING FAMILY LAW ISSUES #12, 1999

FAM-LAW-LIT: A SURVEY OF CURRENT PERIODICAL LITERATURE ADDRESSING FAMILY LAW ISSUES

Laura W. Morgan, Esquire
National Legal Research Group, Charlottesville, Virginia

Welcome to FamLawLit, a survey of current periodical literature concerning family law issues, for December 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.

AMERICAN JOURNAL OF FAMILY LAW (published quarterly; P .A56533)
Aspen Law & Business
1185 Avenue of the Americas
New York, NY 10036
Vol. 13, No. 3 (Fall 1999) (Rec’d 9/29/99)

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)

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'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
1285 Main Street
Buffalo, New York 14209-1987
Vol. 19, No. 2 (Summer 1999) (Rec’d 10/15/99)

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)
National Legal Research Group
2421 Ivy Road
Charlottesville, Virginia 22909
Vol. 11, No. 11 (October 1999) (ready to ship 12/6/99)

Brett R. Turner, Admissibility and Weight of a Private Investigator’s Testimony in a Divorce Case (pages 218-231): A survey of those cases discussing the credibility of private investigators. They do not fare well.

Brett R. Turner, Liability of One Spouse for Private Investigator Fees Incurred by the Other Spouse During Divorce Proceedings (pages 231-235): Collecting p.i. fees from the opposing party.

EQUITABLE DISTRIBUTION JOURNAL (published monthly; P .E573)
National Legal Research Group
2421 Ivy Road
Charlottesville, Virginia 22906
Vol. 16, No. 9 (September 1999)

Michael W. Morgan, Retirement Benefits: “Double Dipping” for Alimony and Child Support (pages 97-99): A review of the principle of “double dipping,” distinguishing alimony and child support.
In the Courts (pages 99-108)

Vol. 16, No. 10 (October 1999)
Michael W. Morgan, Life Insurance and Divorce (Part 1 of 2) (pages 109-114): The division of life insurance policies, and the effect of a divorce decree on beneficiary status.
In the Courts (pages 114-120)

Vol. 16, No. 11 (November 1999)
Michael W. Morgan, Life Insurance and Divorce (Part 2 of 2) (pages 121-125): The authority of a court to order one spouse to maintain the other as a beneficiary as security for support, and the consequences of the failure to do so.
In the Courts (125-132)

FAIR$HARE (published monthly)
Aspen Law & Business
1185 Avenue of the Americas
New York, NY 10036
Vol. 19, No. 11 (November 1999)

Gregg Herman, Stock Options and Child Support (pages 2-4): A discussion of Ohio’s Murray v. Murray.

Mark E. Sullivan, Negotiation Techniques in Family Law Practice (Part III of IV) (pages 4-6): Negotiation to a win-win situation.

Louis Parley, Family Law: Ethics Update (pages 7-9): An update of this year’s big ethics decisions.

Jay E. Fishman and William J. Morrison, No Goodwill in Convenience Store (pages 9-11)

FAMILY ADVOCATE
American Bar Association Section of Family Law
Vol. 22, No. 2 (Fall 1999) (Rec’d 10/26/99)

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

Linda J. Ravdin, Reflections on Collections (with Sample Bill and Sample Retainer Agreement)

Ellen R. Peck, On the Ethical Edge: A Practical Guide to Fair Fees and Collections

FAMILY AND CONCILIATION COURTS REVIEW (published quarterly; P .C6533)
Association of Family and Conciliation Courts
Sage Publications Inc.
2455 Teller Road
Thousand Oaks, CA 91320
Vol. 37, No. 4 (Rec’d 10/26/99)

Janet R. Johnston, Response to Clare Dalton's "When Paradigms Collide: Protecting Battered Parents and Their Children in the Family Court System" (page 422)

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)

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)
American Bar Association Section of Family Law
Chicago, IL
Vol. 33, No. 2 (Summer 1999) (Rec’d 10/1/99)

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)

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)

D.S.L. Ong, The Singapore Family Court: Family Law in Practice (pages 328-349)

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)

Professor Petar Šarcevic, War and Disintegration of the Family (pages 109-122)

Paula Woodland Faerber, Empirical Study: A Guide to the Guidelines: A Longitudinal Study of Child Support Guidelines in the United States (pages 151-258)

Brione B. Pattison, Case Retrospective: Mohr v. Commonwealth of Massachusetts and Pamela Tompkins (pages 267-276)

Roger Burdge, Case Note: Whitner v. South Carolina: Child Abuse Laws Apply to Viable Fetuses (pages 277-286)

JUVENILE AND FAMILY COURT JOURNAL
National Council of Juvenile and Family Court Judges
University of Nevada, Reno Campus
Reno, Nevada
Vol. 50, No. 2 (Spring 1999) (Rec’d 7/1/99)

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)

44 VILLANOVA LAW REVIEW NUMBER. 3 (1999): Still Hostile After All These Years? Gender, Work, and Family Revisited. A Symposium in Honor of Mary Joe Frug.

Joan Williams, Market Work and Family Work in the 21st Century (pages 305 et seq.)

Martha Chamallas, Mothers and Disparate Treatment: The Ghost of Martin Marietta (pages 337 et seq.)

Candace Saari Kovacic‑Fleischer, Litigating Against Employment Penalties for Pregnancy, Breastfeeding and Childcare (pages 355 et seq.)

Michael Selmi, The Limited Vision of the Family and Medical Leave Act (pages 395 et seq.)

Tonya L. Brito, From Madonna to Proletariat: Constructing a New Ideology of Motherhood in Welfare Discourse (pages 415 et seq.)

Amy L. Wax, Caring Enough: Sex Roles, Work And Taxing Women (pages 495 et seq.)

Naomi R. Cahn, Gendered Identities: Women And Household Work (pages 525 et seq.)

Stacy Christman Blomeke, A Surrogacy Agreement That Could Have and Should Have Been Enforced: R.R. v. M.H., 689 N.E.2d 790 (Mass. 1998), 24 University of Dayton Law Review 513 (Spring 1999)

Laura A. Brill, When Will the Law Catch up with Technology? Jaycee B. v. Superior Court of Orange County: An Urgent Cry for Legislation on Gestational Surrogacy, 39 The Catholic Lawyer 241 (Summer-Fall 1999)

Carl H. Coleman, Procreative Liberty and Contemporaneous Choice: An Inalienable Rights Approach to Frozen Embryo Disputes, 84 Minnesota Law Review 55 (November 1999)

Karen De Haan, Whose Child Am I? A Look at How Consent Affects a Husband’s Obligation to Support a Child Conceived Through Heterologous Artificial Insemination, 37 Brandeis Law Journal 809 (Summer 1998/1999)

Ira Mark Ellman, Inventing Family Law, 32 U.C. Davis Law Review 855 (Summer 1999)

Robert D. Fleming, Hazards of Expert Witnesses: Disclosing Work Product and Limiting Testimony, 66 Defense Counsel Journal 538 (October 1999)

C. Quince Hopkins, Rank Matters, But Should Marriage? Adultery, Fraternization, and Honor in the Military, 9 U.C.L.A. Women’s Law Journal 177 (Spring/Summer 1999)

Timothy D. Johnston, Reproduction Is Not a Major Life Activity: Implications for HIV Infection as a Per Se Disability under The Americans With Disabilities Act, 85 Cornell Law 189 (November 1999)

Victoria Kelleher, Addicted Parents and Their Children: Discrimination in the Provision of Massachusetts State Social Services and Determinations of Parental Unfitness, 3 NU Forum: A Cooperative Law Journal of Northeastern University School of Law 33 (Spring 1998)

Michael B. Kent Jr., Daubert, Doctors And Differential Diagnosis: Treating Medical Causation Testimony as Evidence, 66 Defense Counsel Journal 525 (October 1999)

Sara E. Kropf, The Failure of United States vs. Lopez: Analyzing the Violence Against Women Act, 8 Southern California Review of Law & Women’s Studies 373 (Spring 1999)

Colleen McMahon, Due Process: Constitutional Rights and the Stigma of Sexual Abuse Allegations in Child Custody Proceedings, 39 The Catholic Lawyer 153 (Summer-Fall 1999)

Nicole K. Mohn, Dividing the Child: Shea v. Metcalf (Vt. 1998), 24 University of Dayton Law Review 543 (Spring 1999)

Teri L. Mosier, Trying to Cure a Seven-Year Itch: The ADA Defense in Termination of Parental Rights Actions, 37 Brandeis Law Journal 785 (Summer 1998/1999)

Maureen P. O’Sullivan, An Examination of the State and Federal Courts’ Treatment of the Parent-Child Privilege, 39 The Catholic Lawyer 201 (Summer-Fall 1999)

Jennifer L. Reas, His, Hers, and Ours: Determining How Courts Will Characterize Lottery Winnings Won Prior to Marriage, 37 Brandeis Law Journal 843 (Summer 1998/1999)

Catherine A. Ritterbusch, In the Name of the Father: Wisconsin’s Antiquated Approach to Child Name Changes in Post-Divorce and Paternity Proceedings, 83 Marquette Law Review 279 (Fall 1999)

Donna A. Schneiter, Attorneys' Divorces: Are Their Pending Contingency Fee Cases Marital Assets or Not?, 37 Brandeis Law Journal 829 (Summer 1998/1999)

Erica Smith-Klocek, A Halachic Perspective on the Parent-Child Privilege, 39 The Catholic Lawyer 105 (Summer-Fall 1999)

Kara C. Utzig, Entering the Debate on Spousal Abuse Divorce Mediation, 7 Buffalo Women’s Law Journal 51 (Spring 1999)

Dominick Vetri, Almost Everything You Always Wanted to Know About Lesbians and Gay Men, Their Families, And The Law, 26 Southern University Law Review 1 (Fall 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

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