619
Published in Family Law Quarterly, Volume 51, Number 4, Winter 2018. © 2018 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
* Associate Dean for Academic Affairs and Professor of Law, West Virginia University College
of Law; Editor in Chief, Family Law Quarterly. Many thanks to the WVU College of Law
student editor team, which was instrumental in compiling this survey.
Annual Survey of Periodical Literature
BY KENDRA HUARD FERSHEE*
Adjudicating Family Law
Margaret F. Brinig, Racial and Gender Justice in the Child Welfare and Child
Support Systems, 35 l. & ineQ. 199 (2017). This piece uses documents from a
single Indiana county’s unied family court to trace the effect of race and gender
on unmarried families.
Stacy L. Brustin & Lisa V. Martin, Bridging the Justice Gap in Family Law:
Repurposing Federal IV-D Funding to Expand Community-Based Legal and
Social Services for Parents, 67 HasTings l.J. 5, 1265 (2016). Parents in family
court overwhelmingly proceed pro se; however, in child support courtrooms,
government attorneys representing the state child support agency frequently play
a pivotal role. These attorneys represent the state’s ostensible interests in ensuring
that children are nancially supported and in preventing welfare dependence; they
do not represent individual parents. The outcomes of child support proceedings
have profound, long-term constitutional and nancial implications for parents, yet
litigants rarely understand their rights or the role of the government.
Marcia Canavan & Eva Kolstad, Does the Use of Social Media Evidence in
Family Law Litigation Matter?, 15 wHiTTier J. CHild & Fam. adVoC. 49 (2016).
Examines whether or not social media evidence has made a difference in the nal
outcome of family law cases.
June Carbone & Naomi Cahn, Moore’s Potential, 85 FordHam l. reV. 2589
(2017). Examines the Supreme Court opinions in Moore v. City of East Cleveland
to demonstrate a foreshadowing of tension between individuals who wish to dene
“family” in their own terms and the state’s power to dene what it considers to be
a legitimate family form and who is therefore entitled to state support.
620 Family Law Quarterly, Volume 51, Number 4, Winter 2018
Published in Family Law Quarterly, Volume 51, Number 4, Winter 2018. © 2018 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
Marsha M. Dennis, Criminal Law as Family Law, 33 ga. sT. u. l. reV. 285
(2017). Explores the criminal justice system’s reach into family law and its
disproportionate and negative impact on black communities and families by
weaving together criminal law, family law, and racial justice and examines the
impact of community supervision on families.
Hon. Diane M. Guariglia, Dirty Deeds Done Not Dirt Cheap, 57 s. Tex. l. reV.
503 (2016). Discusses a variety of misdeeds committed by attorneys and clients
alike as well as whether the best interest of the child is a standard that is another
dirty deed.
Josh Gupta-Kagan, Rethinking Family Court Prosecutors: Elected and Agency
Prosecutors and Prosecutorial Discretion in Juvenile Delinquency and Child
Protection Cases, 85 u. CHi. l. reV. 743 (2018). Demonstrates how the family
court prosecutors’ role has never been theorized and provides a description and
critique of state laws that govern family court prosecutors.
Alicia LeVezu, The Illusion of Appellate Review in Dependency Proceedings,
68 JuV. & Fam. CT. J. 83 (2016). Discusses the problems associated with forcing
dependency hearings to t into traditional appellate rules and recommends that
every state should revise its rules of appellate procedure and create exceptions
specically for dependency proceedings.
Marsha M. Manseld,Litigants Without Lawyers: Measuring Success in Family
Court, 67 HasTings l.J. 1389 (2016). As the numbers continue to increase
exponentially and access to free or low-cost legal services diminishes, courts,
lawyers, legal service organizations, and law schools throughout the country
continue to experiment with alternates to full-scale representation that can provide
self-represented litigants with adequate legal assistance.
Jane M. Spinak, Family Defense and the Disappearing Problem-Solving Court,
20 Cuny l. reV. 171 (2016). Presents an in-depth analysis of the Family Court
Treatment Parts (FCTPs) in New York and New York City and discusses the
broader lessons that can be learned from the creation of an effective system of
parent representation.
Adoption
Elizabeth A. Dahl, Re-Homing: The Underground Market for Adopted Children
and How Current Laws Fail to Protect the Innocent, 6 waKe ForesT J.l. & pol’y
549 (2016). This article discusses the relatively new trend of “re-homing,” or
taking an adopted child and moving him or her to a new home without going
through the formal, legal steps. States have been slow to respond to this new crisis
and an underground market for moving children has ourished as a result.
Sally Terry Green, The Law Demands Process for Rehomed Children, 69 arK.
l. reV. 729 (2016). This article argues that the same administrative or judicial
