AALS FAMILY AND JUVENILE
LAW SECTION NEWSLETTER
(January 2005)
I.
MESSAGE FROM THE CHAIR
II.
ANNUAL MEETING 2006
III. RECENT
FAMILY AND JUVENILE LAW PUBLICATIONS
A. Books
B. Articles and Chapters
IV. MEMBER
ACTIVITIES
V. CONFERENCES/WORKSHOPS
OF INTEREST
A. Forthcoming
B. Recently Held
VI. ANNOUNCEMENTS
VII. ESSAY
CONTEST FOR STUDENTS
VIII. EDITOR’S
MESSAGE
I.
MESSAGE FROM THE CHAIR
Newly Elected Section
Executives:
Jennifer Rosato,
Margaret Brinig,
Janet Richards,
Barbara Stark, Hofstra, law.bjs@hofstra.edu,
Sarah Ramsey,
II.
ANNUAL MEETING 2006
To harmonize with the AALS theme for the Annual
Meeting to be held in New Orleans, the Section’s session for next year will be
Empirical Work in Family and Juvenile Law.
In addition, we are co-sponsoring a session with the ADR section. If you have particular topics or speakers you
would like to have included for our own session, please let Peg Brinig know.
III. RECENT
FAMILY AND JUVENILE LAW PUBLICATIONS
A. Books
FAMILIES BY LAW: AN
ADOPTION READER (
Charles
Reid, “Power Over the Body, Equality in the
Family: Rights and Domestic Relations in Medieval Canon Law.” Eerdmans Press (2004). The book is concerned with the
historical origins of the expression “conjugal rights” and is focused on the
twelfth through fourteenth centuries, although its chronological range is
broader than that. In addition to canon law, the book also considers
classical and medieval Roman law, Germanic law, and the writings of the early
modern Spanish lawyers.
B. Articles and Chapters
For people looking for a
quick intro in collaborative law, the Vermont Bar Journal recently
published Susan Buckholz,
"Two Views on Collaborative Law", one entitled "Collaborative
Dissolution," 30 Vermont Bar Journal vol. 30, no. 1, pp. 37-40 and
Susan B. Apel, "Collaborative Law: A Skeptic's View," Vermont Bar Journal,
Vol. 30, No. 1, pp.41-43.
Brian Bix, “State
Interests in Marriage, Interstate Recognition, and Choice of Law,”
Creighton Law Review (forthcoming, 2005)
Brian Bix,
"Everything I Know About Marriage I Learned from Law Professors,"
San Diego Law Review (forthcoming, 2005)
Brian Bix, “The Public
and Private Ordering of Marriage,” 2004 University of
Margaret F. Brinig,
Unhappy Contracts: The Case of Divorce,
Review of Law and Economics (forthcoming, 2005)
Margaret
F. Brinig, The Role of Socioeconomics in Teaching Family Law, 41 San Diego
Law Review 177(2004).
Margaret F. Brinig, Book
Review, The Child’s Best Interests: A
Neglected Perspective on Interracial Intimacies, 117 Harvard Law Review
2129 (2004)
Margaret F. Brinig,
Gerald J. Jogerst, Jeanette M. Daly, Gretchen A. Schmuch, and Jeffrey Dawson, The Public Choice of Elder Abuse Law, 33 Journal of Legal
Studies 517 (2004).
Margaret F. Brinig &
Naomi Cahn, Perfect Substitutes or the Real Thing?, 52 Duke L.J. 1077 (2003)(adoption law)
Naomi Cahn and Anne Goldstein, Roe and its Global Impact, 6 Penn.
J. Con. L. 695 (2004)(adolescent sexuality in the
Ann Laquer Estin, "Embracing
Tradition: Pluralism in American Family Law," 63
Ann Laquer Estin, "Toward a
Multicultural Family Law," 38 Fam. L.Q. (2004).
Jane C. Murphy and Robert Rubinson,
Domestic Violence and Mediation: Developing Screens to Keep Square Pegs From
Round Holes, 39 Fam. L. Q. 1 (2005)(forthcoming Domestic Violence Issue).
Works in Progress: Jane
Murphy is coauthoring a textbook, Family Mediation: Theory and Practice. She would welcome
suggestions for articles, essays and cases to include in the text. She would
also love to hear from anyone teaching family mediation seminars, clinics or
classes about materials you use and things you would like to see in a text. She
can be reached at jmurphy@ubalt.edu or 410-837-5657.
IV. MEMBER
ACTIVITIES
Barbara
Atwood writes that the National Conference of Commissioners on Uniform State
Laws is now working on a uniform act that defines the roles of lawyers and
guardians ad litem for children. It complements
the ABA Standards for Lawyers Representing Children in Custody Disputes –
issued last year. She is the Reporter for the project, and welcomes
comments and suggestions. The current version (which changes at any given
date) is available on the NCCUSL website.
Barbara Atwood can be reached by email as atwood@law.arizona.edu.
V. CONFERENCES/WORKSHOPS
OF INTEREST
A. Forthcoming
Final Notice and Call
for Papers
for the 12th
World Conference of the International Society of Family Law (ISFL)
in
on Family Law –
Balancing Interests and Pursuing Priorities
Conference website:
http://www.law2.byu.edu/ISFL/saltlakeconference.htm
The ISFL, a global scholarly
organization dedicated to the study of family law, with over 500 members from
over fifty (50) nations, will convene its 12th World Conference in
Theme: Family Law – Balancing Interests and
Pursuing Priorities. The 12th
World Conference will consider the current state of family law doctrines,
principles, theories, practices, and procedures in specific countries, and from comparative,
international, historical and theoretical perspectives. Changing social
practices, values, laws and procedures concerning marriage, other relationships
(such as domestic partnerships), adoption, paternity, divorce, custody,
visitation, support, maintenance, domestic violence, mediation, marriage
initiatives, efforts to reduce family instability, trans-national families, decisionmaking for children, etc., may be discussed. The conference theme is intended to be broad
and inclusive and to accommodate papers dealing with a wide range of family
law subjects. Paper proposals are
solicited regarding civil law and common law, spousal and parent-child issues,
creation, ongoing and dissolution of family relations, past, present, and
proposed laws, economic and other interests, and substantive or procedure
issues. The theme suggests that in all
areas of family law many interests must be recognized, weighed and managed, and
policy priorities must be established and pursued. The balance and priorities
change as social conditions change.
Family law (like family life) often involves a delicate high-wire
“juggling act,” balancing important interests while seeking priorities.
Dates: The Conference
will run from Tuesday afternoon, July 19 through Saturday afternoon, July 23,
2005.
Paper Proposals:
Persons who wish to present papers at the ISFL 12th World Conference
are invited to submit proposals containing: (1) a one-page abstract of the
proposed paper naming the presenter(s), (2) contact information: Name, Title or
Position, University or Institution where employed, post address, telephone,
fax, and email, and (3) a 50-75-word mini-resume or bio of the
presenter(s). Proposals must be
submitted by March 15, 2005 by email (if possible) to Professor
Marygold Melli, Email: <
Call for Papers
The UMKC Law Review will
host a symposium on "Best Practices in Teaching Family Law" in the
April 2006. Article should address the
unique challenges and opportunities in teaching family law and generalized
principles and approaches to addressing these issues, rather than merely
describing teaching exercises or experiences. Articles will be published in the
December 2006 issue of the UMKC Law Review.
Authors wishing to
contribute to the symposium should submit an abstract of their paper to:
Professor Barbara Glesner Fines University of
Missouri Kansas City School of Law
(816) 235-2380
The Institute for Law
School Teaching will be hosting a conference on Teaching
the Law School Curriculum. The conference will be held on Friday, March 11,
2005 at
Spring 2005
The
Mind of a Child: The Relationship Between Brain Development, Cognitive
Functioning, and Accountability Under the Law
On
March 10-11, 2005, the Justice for Children Project, in conjunction with the
Ohio State Criminal Law Journal and the Center for Law, Policy, and Social
Science, will sponsor a conference entitled The Mind of a Child: The
Relationship Between Brain Development, Cognitive
Functioning, and Accountability Under the Law. Unlike other symposia, which
generally have focused on social scientific explanations for juvenile behavior
and crime, the interdisciplinary symposium will look to recent developments in
the "hard" science of brain development and function and the
implications of that research for concepts of mens rea. Foro more information, contact Kate Federle
at
B. Recently Held
VI. ANNOUNCEMENTS
VII. ESSAY
CONTEST FOR STUDENTS
Howard C. Schwab
Memorial Essay Contest
(excerpts taken from the ABA Section website)
This annual contest, conducted by the ABA
Section of Family Law, was established by the Toledo Bar Association and the
Ohio Bar Foundation as a memorial to Howard C. Schwab, a Past President of the
Toledo Bar Association and Past Chairman of the Family Law Committee of the
Ohio Bar Association. The
purpose of the contest is to create greater interest in the field of family law
among all law students, and particularly the Law Student Division of the
American Bar Association.
All second and third year
full-time students (and second through fourth year part-time students) enrolled
in ABA-approved law schools, and first year students enrolled in approved
schools where the subject of family law is part of the first year curriculum,
are eligible to compete, except employees of the American Bar Association.
Authorship
Each entry shall be the original work of a single
individual. The ideas and work reflected by each essay must be the author's
own. The author must perform all of the key tasks of identifying the topic,
researching it, analyzing it, formulating positions and arguments, and writing
and revising the paper. The author may accept a reasonable amount of advice
from others. For example, the author may obtain a professor's opinion that a
proposed topic is a good choice, that a detailed outline should be reorganized,
or that a first draft unwisely omits to cover a subtopic. The author must limit
the amount of such advice sought or received, so that the final essay truly
reflects the author's own ideas and work, not another's.
Awards
First Prize - $1500.00
Second Prize - $1000.00
Third Prize - $500.00
All winners will also receive a free Section of Family Law student
membership. Winners will be notified after the ABA Annual Meeting in
mid-August. All winning entries will be considered for publication in the Family
Law Quarterly. You must be a member of the
Subject Matter of Essays
The subject may be any aspect of Family Law. The primary
focus of each essay should be an issue of law, although some interdisciplinary
material may be useful in addressing a legal issue. Since winning entries
usually are published in the Family Law Quarterly, entrants are
encouraged to write on subjects of national interest. Essays on such subjects
usually include citations to the law of several jurisdictions. However, if the
law in one state reflects a significant development or trend, that too could be
an appropriate subject for an entry.
Entry Procedure
Law students desiring to enter the contest
should write to the Howard C. Schwab Memorial Essay Contest, Section of Family
Law, American Bar Association,
VIII. EDITOR’S
MESSAGE
Once again, I apologize for the tardiness and briefness
of this newsletter. Janet Richards, who
will be replacing me as section Secretary-Treasurer, will no doubt have fuller
editions to you in June and December.
All errors in this newsletter are, of course, my own. Peg Brinig.