The ISFL Family Letter
Fall, 2005
Published by the International Society of Family Law by Prof. Margaret F. Brinig, Editor, the Family
Letter: Newsletter of the ISFL, College of Law, University of Iowa, Boyd Law Building, Iowa City, IA
52242
(319) 335-6811 FAX (319) 335-9098
E-mail margaret-brinig@uiowa.edu
will not last too long. I hope that – with your help – we
can build further on our Society of Family Law and for
a better world in which families and family members
feel save and happy. Family lawyers, academics and
scientists in the field of Family law can contribute a lot
to help children and family members in vulnerable
positions and to make a plea for better statutes and
regulations in this field.
The society is in good order. The Utah-conference
‘gave birth’ to many new members. That is great (our
family grows bigger and bigger), but I sincerely hope and I will work for that - that it is not only the growth
of our Society in the number of members, but that we
will grow in importance too. International
organizations, legislators and politicians must know that
our Society can offer them a great number of academics
and a lot of knowledge in the field of Family Law and
Family Life. Promoting the scientific exchange of ideas
is one of the important goals of ISFL.
I will try to contribute to that by promoting ISFL at
the international level. If you have wishes, complaints,
or other matters to discuss in the field of the work of
our Society, do not hesitate to call or write me. You will
find my email address below this message.
Finally, I can announce that ISFL(members)
already participate in may new challenges. At the end of
November an International conference takes place in
Amsterdam on the theme of Child Protection (see the
brochure at: www.childprotection2005.nl). This
presents a good opportunity to visit Amsterdam and the
Netherlands in the period before Christmas and enjoy
the pleasant atmosphere of illuminated shopping streets
Christmas and the presence of St. Nicholas and Santa
Claus. In December an international conference is
organized by Kapaonik Law School in Serbia by Prof.
Olga Cvejic Jancic. In the UK an initiative has been
taken to organize an international conference in April of
2006. Prof. Panforti is planning a regional conference
in Italy in 2007, and in 2008 ISFL will have its 13th
World Conference. The venue is Vienna and Prof. Bea
Verschraegen will be the convener of this conference.
However, as I said before, organizing conferences is an
MESSAGE OF THE PRESIDENT:
Dear colleague, dear friend,
Those who participated in the 12th World Conference in
Salt Lake City in Utah in July will certainly look back
with good feelings and remembrances. We had a
wonderful organized conference. The topic was: Family
Law - Balancing Interests and Pursuing Priorities.” As
usual, the theme was intended to be broad and inclusive
and the papers, presented at the conference dealt with a
variety of interesting family law subjects. The
temperature outside the well chosen venue was hot (100
F), but the social atmosphere was warm too. The
convenor, Prof. Lynn Wardle, has done a great job. He
did this together with his wife Marian and his staff from
Brigham Young University in Provo and with the help
of the unsurpassed Prof. Marygold Melli, who
participated in the scientific committee and did a great
job too. The conference was not only scientifically and
socially a success, but also turned out to be a financial
success. We owe Lynn very much. On behalf of ISFL I
had the honor to give Lynn Wardle a souvenir in the
form of a beautiful fountain pen. Soon Prof. Wardle
will start his work as editor of the conference-book.
The same presents were given as a souvenir and a
small express of our thanks to Prof. Peter Lodrup (the
former president) and to Prof. Gillian Douglas as
secretary-general. Both have served as officers for ISFL
for a long time. I worked with them in our small group
of ISFL-officers and I know that they have served our
Society with all they had and that they invested – all
voluntarily - many hours in the work for our Society.
At the occasion of the meeting of the society I was
elected as your new President for the coming three
years. I feel very much honored with this election and I
hope to serve ISFL and you as best as I can. I hope to
be worth your faith. Unfortunately we have not
succeeded in finding a successor for the treasurer, so I
have to combine these two jobs for the moment. I
sincerely hope (and so do my wife Aletta and our
children) that this combination of these two functions
1
important task of ISFL, but not the only one. Together
with the council we will look for strategies to promote
ISFL as an inexhaustible source of knowledge in the
field of Family law.
2. Organisation.
2.1. Officers.
At the General Meeting held in Oslo, Norway, August
5, 2002, the following officers were elected:
I count at your support and look forward to work
for you and ISFL.
President: Professor Peter Lodrup, Norway
Vice Presidents: Professor John Dewar, Australia,
Professor Nigel Lowe, UK, Professor Miquel Martin
Casals, Spain, Professor Marigold Melly, USA,
Professor Bart Rwesaura, Hong Kong, Professior Bea
Verschraegen, Austria.
Prof.mr. Paul Vlaardingerbroek
Den Hooiberg 17
4891 NM Rijsbergen
THE NETHERLANDS
Tel: +31 (13) 4662281
Fax: +31 (13) 4662323
p.vlaardingerbroek@uvt.nl
Secretary General: Professor Gillian Douglas, UK,
Treasurer: Professor Paul Vlaardingerbroek, The
Netherlands.
Report of Activities 2002-2005
Submitted by Peter Lødrup and Gillian Douglas.
1. General remarks.
The immediate Past President is ex officio an officer of
the Society: Professor Lynn Wardle, USA. This also
applies to the editor of the International Survey, Dr.
Andrew Bainham.,
The activities of the ISFL have for the period 20022005 followed the established pattern, see below.
2.2. The Executive Council:
The number of members have been around 550 in the
period.
At the the General Meeting in Oslo the following
members were elected: Professor Bong Hee Han,
Korea, Professor Margaret Brinig, USA. Professor
Carol Bruch, USA, Mrs. Ruth Deech, UK, Professor
Olga Duizheva, Russia, Professor Rainer Frank,
Germany, Professor Hugues Fulchiron, France,
Professor Marsha Garrison, USA; Professor Dominique
Goubau, Canada, Professor Marit Jantera-Jareborg,
Sweden, Professor Sanford Katz, USA, Professor
Marie.Therese Meulders, Belgium, Professor Linda
Nielsen, Denmark, Professor Koji Ono, Japan,
Professor Maria Donata Panforti, Italy, Professor
Patrick Parkinson, Australia, Professor Petar Sarcevic,
Croatia, Professor June Sinclair, South Africa,
Professor Tone Sverdrup, Norway, Professor Barbara
Bennett Woodhouse, USA,
Geographically, the composition of the members may
cause some concern if our ambition is really to be a
world wide association. Even if we have members from
most parts of the world, South America, Africa, Eastern
Europe and some countries in Western Europe are
clearly under-represented. It is a challenge for the future
to fill these gaps.
The President presented to the Council Meeting in the
Hague in February a report considering the work of the
ISFL and if there were a need for renewed thinking
about how the Society works. The report was
thoroughly discussed, and there were generally
agreement about the conclusions it drew.
The following members have been co-opted members
of the Council: Professor Xia Yinlan, China, Mr. John
Eekelaar, UK.
A copy of the Report is enclosed as a basis for
discussion at the General Meeting.
2
2.3. Meetings of the Executive Council.
4. Regional Conferences.
The Executive Council has met in Oslo (August 2002),
Paris (February 2003), Moscow (April 2004) and The
Hague (February 2005).
4.1. Four regional conferences were held in the period:
In Europe:
A conference convened by Professor Miquel MartinCasals was held in Tossa de Mar and Girona in October
2003 on the Role of Self-Determination in the
Modernisation of Family Law in Europe.
2.4. Guidelines for co-options.
The Executive Council has adopted the following
guidelines for co-options:
Professor Hugues Fulchiron was convenor of a
conference in Lyon in November, 2003 on International
Child Abduction
a) The Council should not be without a member
who has been a great asset to the Council and who
continues to have much to offer to the Society
b) The Council should aim for world-wide
representation
c) The Council should include members
considered to be future assets to the Society so that
younger members have a chance to serve.
In North America:
Professor Margo Melli convened the North American
regional conference in Eugene, Oregon in June 2003.
2.5. Financial position of the Society.
In Asia:
A conference was held in Beijing in July 2004,
convened by Professor Xia Yinlan and Professor Lynn
Wardle on "Divorce, Causes and Consequences".
See the Report of the Treasurer as regards the
financial position of the ISFL.
4.2. Forthcoming Regional Conferences.
With Professor Paul Vlaardingerbroek as Convenor a
Conference on "Child Abuse and Child Protection" will
be held in Amsterdam December 7-10, 2005.
3. World Conferences.
3.1. The 11th world conference.
The 11th World Conference of the ISFL was held in
Copenhagen/Oslo: August 2-6, 2002 on the theme:
"Family Life and Human Rights". There were 180
participants from 42 countries. The book, about 1036
pages, with the selected papers from the conference was
published in spring 2004. There were abstracts in
French. It was sent free of charge to all members. The
book is now sold out, with royalties of 1200 Euro to the
Society.
4.3. Guidelines for Regional Conferences.
The Executive Council has adopted the following
guidelines for Regional Conferences of the ISFL:
a) Convenors should be members of the ISFL
b) Regional conferences should be approved in
advance by the Council or, if timing so requires, by
the Officers of the Society
c) There should be no economic commitment by
the Society to such conferences unless expressly
stated in the decision giving the Society’s approval
for the conference
d) No regional conference should be held less
than three months before or after the ISFL's World
Conference
e) The Society should generally (but subject to
individual circumstances) only approve a regional
conference where its members will be entitled to
pay a lower registration fee, and where there is
3.2. The 12th. World Conference,
The 12th World Conference is being held in Salt Lake
City, USA, July 19 - 23, 2005.
3.3. The 13th World Conference.
The venue for the 13th World Conference will be
announced at the General Meeting.
3
provision for participants to join the Society during
the conference.
7.2. Mentoring.
The Council has discussed a paper from Professor
Robin Fretwell Wilson proposing the establishment of a
mentoring scheme for young Family Law scholars and
has recognised the value that some members might
derive from such a scheme, including being helped to
make contact with those in other jurisdictions for advice
when engaging in comparative legal study. It therefore
endorsed the suggestion that a breakfast meeting be
scheduled at the Salt Lake City conference at which
those interested could discuss how best to proceed, and
that meeting is scheduled for Wednesday 20 July at
07.15.
5. The Family Letter.
The Newsletter of the Society is published twice a year,
in March and September under the editorship of
Professor Margaret F. Brinig. It gives us information
about the life of the Society and of activities in the field
of Family Law. We thank Professor Brinig for her
excellent work in producing the Newsletter.
6. The International Survey of Family Law.
7.3. Promotion of the ISFL at international forums.
The International Survey of Family Law is published
yearly and is sent free of charge to the members of the
Society. It contains reports from national scholars on
the development of Family Law all over the world.
From the 2004 edition, abstracts of the articles are
given in French.
The ISFL is often invited to attend meetings as an
observer, most frequently at the Hague Conferences.
Individual members of the Society are also invited to
attend meetings eg of the International Bar Association.
The Council has discussed what role is played by
Society members when they attend such meetings, and
noted the value to individuals of attending them, in
furthering their own knowledge and research, and the
value to meetings of having highly expert family law
scholars in attendance. It agreed that members attending
meetings where the invitation had been issued to the
Society are not thereby ‘representing’ the Society but
attend as recognised scholars in an individual capacity.
It has endorsed the suggestion that it would be a service
to members if the individuals concerned provided a
report of the meeting for inclusion in the Society's
newsletter.
The current Editor is Dr Andrew Bainham. His last
volume will be for 2006. He has done an excellent job
in increasing the coverage of the Survey and in ensuring
its timely publication and the Society owes him a
considerable debt of thanks.
We are very pleased to announce that Professor Bill
Atkin has accepted the responsibility for the 2007
volume onwards.
7. Other issues dealt with by the Council.
7.1. Use of our membership list.
REPORT OF THE SECRETARY-GENERAL:
A list of ISFL officers and Executive Council members
for 2005-08 follows. President Vlaardingerbroek
continues to serve the Society as interim treasurer. The
Council hopes to appoint a new treasurer to succeed
him during 2006. Results of Elections and Co-Options:
President - Paul Vlaardingerbroek (Netherlands)
Secretary General - Marsha Garrison (USA)
Treasurer – vacant
Vice Presidents – Nigel Lowe (UK), June Sinclair
(Australia), Bea Verschraegen (Austrias),
Dominique Goubau (Canada), Miquel-Martin
Casals (Spain), Olga Dyuzheva (Russia)
The Society has been approached by publishers and
commercial organisations for permission to use our
membership list to contact those who might be
interested in products and services. The Council agreed
that this would be acceptable subject to certain
safeguards and that those who do not wish their name in
the list may reserve themselves by notifying the
Treasurer. An announcement to this effect was included
in the Society's Newsletter. This service has so far only
been rendered once.
Executive Council –
4
Masha Antakolskaia (Russia), Margaret Brinig (USA),
Carol Bruch (USA), Mi Kyung Cho (Korea), Ruth
Deech (UK), Nina Dethloff (Germany), Hugues
Fulchiron (France), Giselle Groeninga (Brazil), Sanford
Katz (USA), Olga Khazova (Russia), Urpo Kangas
(Finland), Marie-Therese Meulders (Belgium), Satoshi
Minamikata (Japan), Linda Nielsen (Denmark), Maria
Donata Panforti (Italy), Patrick Parkinson (Australia),
Bart Rwezaura (Hong Kong), Anna Singer (Sweden),
Tone Sverdrup (Norway), Hazel Thompson-Ahye
(Bahamas), Lynn Wardle (USA), Barbara Bennett
Woodhouse (USA), Xia Yinlan (China).
BRIEF REPORT of the Convener of the
12TH World Conference of the International
Society of Family Law
held in Salt Lake City, Utah and at Brigham
Young University in Provo, Utah
July 19-23, 2005
By Lynn D. Wardle, Convener
The 12th World Conference of the International
Society of Family Law met from Tuesday, July 19, to
Saturday, July 23, 2005, in Salt Lake City, Utah. The
theme of the conference was “Balancing Interests and
Pursuing Priorities.” A total of 237 persons from 34
nations formally registered and attended the conference,
including 206 family law scholars, professionals and
academics in allied disciplines. A total of 164 scholarly
papers were presented in 40 panel sessions and 8
plenary sessions (the most papers presented at any ISFL
conference).
In addition, Utah Governor Jon
Huntsman, Utah Chief Justice Christine Durham, and
Utah Attorney General Mark Shurtleff greeted
participants and spoke about family law issues, as did
outgoing ISFL President Peter Lodrup and incoming
President Paul Vlaardingerbroek.
The Little America Hotel in Salt Lake City was the
conference venue for most sessions, but on Thursday,
July 21, participants were taken by bus 45 miles south
to Provo, Utah, and following lunch afternoon sessions
were held in the J. Reuben Clark Law School of
Brigham Young University.
Thursday night,
participants were taken by bus through the Provo
canyon to a western “bar-b-que and dutch oven” dinner
at the Soldier Hollow Golf Clubhouse in Heber Valley,
Utah, before returning by bus to Salt Lake City. Other
social events included an opening reception Tuesday
night, walking tours of various sites in downtown Salt
Lake City on Wednesday night (following a Mexican
buffet dinner), a closing banquet on Friday, with
musical vocal entertainment, and (for those who stayed
over Saturday night) a trip to see and hear the Mormon
Tabernacle Choir perform its weekly televised
broadcast on Sunday morning. All meals were
provided for registrants during the conference. Plenary
speakers from Australia (Patrick Parkinson), Austria
(Bea Verschraegen), Canada (Malcolm Kronby), China
(Yinlan Xia), England (John Eekelaar), Italy (Maria
Donata Panforti) and Malta (Ruth Farrugia) and The
Netherlands (Masha Antakoloskaia) joined plenary
speakers from the United States (Margo Melli, Lynn
Wardle, James Harper)
A conference book containing selected papers
REPORT OF THE TREASURER:
Dear colleagues,
Please note that within two months you will receive a
reminder to pay your subscription, unless you have
already paid for the coming year(s). If you wish to be
deleted as member, which is difficult to imagine, send
me a letter before the end of November 2005.
Unfortunately there are still members who have
moved without sending their new address. This takes
me a lot of unnecessary time and results in extra costs
for ISFL. Please send me your full address and
preferably also your fax number and e-mail address. We
try to keep the membership list updated and with your
help we can succeed in that. If you change your address
or if you want to be deleted as member, please send me
a message as soon as possible. And if you know
interested persons who want to become a member, I can
send you the application/subscription form.
If you might doubt about whether you paid or not,
please write or mail me (p.vlaardingerbroek@uvt.nl).
We do have the possibility to pay for 5 years. Many
members choose for this opportunity, which will save
you and the ISFL costs. I hope the Society is able to
keep the amount of € 33000,- (the Euro is almost an
equivalent to the U.S. dollar) as a minimum amount for
‘dark’ years.
Prof.mr. Paul Vlaardingerbroek
Den Hooiberg 17
4891 NM Rijsbergen
THE NETHERLANDS
Tel: +31 (13) 4662281
Fax: +31 (13) 4662323
p.vlaardingerbroek@uvt.nl
5
presented at the conference will be published
(publication goal is late 1996 or early 1997), and it will
be entitled “Balancing Interests and Pursuing Priorities
in Family Law.” Lynn D. Wardle and one other ISFL
member will edit the book.
The final financial report is being prepared, but the
interim report looks very positive. It appears that all or
most of the $10,000 float given by the International
Society of Family Law to support the conference (and
which the Executive Committee had voted to treat as an
expense, rather than a loan) will be repaid.
As convener, I am very grateful to many in the
ISFL who helped greatly in preparing, organizing, and
managing the conference – especially to Marygold
Melli, Chair of the Scientific Committee. Peter Lodrup
and Gillian Douglas, as President and Secretary
General, respectively, were constantly assisting and
unfailingly
encouraging.
Likewise,
Paul
Vlaardingerbroek, as ISFL Treasurer and Presidentnominee, was very responsive and supportive. Finally,
I express my personal appreciation to all of the ISFL
members who traveled long distances to Salt Lake City
to attend and participate in the 12th World Conference.
Not only did many of you present exceptionally
informative and insightful academic papers, but most of
you contributed stimulating and informative comments
in the discussion and question and answer time of the
sessions, and all of you brought a spirit of good will and
collegiality that made the 12th World Conference such
an enjoyable and successful gathering of scholars and
friends. Many thanks!
Website has been running for some time. At present,
we are updating and reorganizing somewhat. The new
version replaces the old one and can be found at
http://www.law2.byu.edu/ISFL/index.html.
The American Association of Law School, Family
Law Section Website is now available at
http://www.uiowa.edu/~mfblaw/aals.html.
Section
members have provided material, but more suggestions
would be welcome, including links, class materials,
exams you don=t mind being generally available, or
anything else you=d like to supply. You may write her
at margaret-brinig@uiowa.edu, and may attach
electronic versions of any submissions.
UPCOMING CONFERENCES & CALLS FOR PAPERS:
Centre for Legal Research, Human Rights Research
Unit, University of the West of England, Bristol.
ISFL Regional Conference
“Children: Our Future, Our Collective Responsibility.
International, Regional and National Perspectives.”
27-29 April 2006, Lakewood Conference Centre,
Blagdon UK.
Call for Papers
Deadline for submission of abstracts: Friday 16
December 2005
REPORT OF THE NEWSLETTER EDITOR: NEW
DEVELOPMENT!
The Council has asked me to introduce a new
feature to appear in the newsletter beginning with this
fall issue.
Short pieces describing interesting
developments in various countries will enhance the
knowledge of all the membership, will supplement the
excellent Annual Survey in a timely way, and in
addition may serve as a publication for more junior
members. I am accordingly pleased to solicit short
articles (less than 1000 words) on developments in
various countries, and will endeavor to publish at least
one each issue, depending upon the number of
submissions and their lengths. The Council would be
particularly pleased to receive submissions from outside
Europe and North America.
During the United Nations Millennium Summit
2000, Heads of State and Government have, through the
UN Millennium Declaration, reconfirmed their duty to
children to provide a peaceful, prosperous and just
world in line with the commitments of the UN Charter
and the Heads of State and Government rededicated
themselves to the principles of the UN Charter and
made particular reference to human rights and
fundamental freedoms and respect for equal rights.
The Declaration sets time-bound and measurable
goals and targets for combating poverty, hunger,
disease, illiteracy, environmental degradation and
discrimination against women. The Declaration also
outlines a wide range of commitments made to human
rights, good governance and democracy.
These goals and targets are known as the
Millennium Development Goals (MDGs) and require
implementation by 2015. However to date progress has
been slow and very uneven. Many countries require
Website Updates: A very preliminary version of the
6
substantial support to achieve the MDGs, in the form of
advocacy, expertise and resources. The challenges for
the global community are to mobilise financial support
and political will, re-engage governments, re-orient
development priorities and policies, build capacity and
reach out to partners in civil society and the private
sector.
The MDGs should be incorporated into all areas
and levels of work and countries should prioritise areas
for support. This conference not only examines
children’s issues in respect of the human rights
discourse, and the paradigms of social and good
governance, it complements the UN advocacy campaign
to raise awareness of the MDGs and how countries are
reaching the targets, but also supports the UN
Millennium Research Project by mobilising networks of
scholars from all areas of the international, regional and
national community to help identify what is required in
terms of policy.
The eight MDGs fall broadly within three
categories: Health, Education and Equality. By
evaluating these three and rather interconnected themes,
the law and policy issues surrounding children and their
future will be examined, culminating with proposals and
recommendations for social change and attainable and
implementable targets at each level: international,
regional and national.
The conference will look for contributions to
examine the area through the analysis of international,
regional and domestic law, the regulation of children by
the law, representation within the law and how their
development is potentially facilitated by the law. The
contributions should be less about theory and how the
law ought to treat children, and more about a positive
analysis of the legal and policy frameworks,
explanation of children's treatment and representation
within the legal and social welfare system, and how law
can be used as a tool for children's development.
The Conference aims to provide a practical
perspective. The papers should challenge the
effectiveness of the current systems for the
enhancement of children's rights and issues of children's
well-being.
The organizers seek contributions from law,
government, international organizations, civil society
organizations, the private sector, academics, and other
fields in the social sciences with a view to stimulating
debate on the contemporary issues surrounding children
and the international community’s duty to ensure the
Millennium Goals and Targets are met by 2015.
Papers are invited on:
Health
Education
Equality
Papers should also be cognizant of the other
overarching objectives of social and good governance,
development, principles of justice and international law
and the positive effects of globalization.
The Paper Review Panel will make a selection
from the abstracts received and will notify all
applicants of abstract acceptance/rejection by email no
later than 20 January 2006. Abstracts should be
submitted in English and should not exceed 300 words,
outlining objectives/purpose, method, results and
conclusions. A brief curriculum vitae should also be
attached to the abstract. All abstracts should be 1.5
spaced, 12 pt Times New Roman is preferred. Authors
are strongly encouraged to submit abstracts by e-mail,
however abstracts can also be submitted by post. Do
not send an abstract more than once, i.e. by post and by
email.
If submitting by post, please mail to:
Amanda Lloyd
Director Human Rights Unit
UWE
Faculty of Law
Frenchay Campus
Coldharbour Lane
Bristol BS16 1QY
UK
Email: Amanda2.Lloyd@uwe.ac.uk
As a minimum, your paper should locate your
substantive interest within a disciplinary perspective
whilst also sketching out the strengths and the limits of
your perspective. Each paper that is accepted will be the
subject of comments by a discussant whose task it will
be to draw out the potential for recommendations which
can be put forward to support policy change, bill
amendments and other governmental work associated
with the achievement of the MDGs.
Deadline for submission: 16 December 2005
7
European Human Rights Law,” 33 Georgia Journal of
International and Comparative Law 333 (2005).
International Conference on Children and Divorce
(ICCD 2006)
24-27th July, 2006
Norwich, UK
ICCD 2006 is the first conference of its kind – a
multidisciplinary international conference specifically
for researchers interested in children’s lives and
children’s wellbeing after separation or divorce. The
conference will be a unique opportunity to share,
debate and integrate leading edge research, theory and
methodology. Confirmed keynote speakers include Paul
Amato, Gillian Douglas, Judy Dunn, Bob Emery, Janet
Johnston, Michael Lamb and Carol Smart.
The conference will be restricted to a maximum of
100 participants, drawn from a wide range of
disciplines, including psychology, sociology, family
studies, demography, social work and socio-legal
studies. ICCD 2006 will be held over four days in the
beautiful cathedral city of Norwich.
Please make a note of the date and look out for the
call for papers (coming soon)
The conference website is at www.iccd2006.com
or contact:
Dr Liz Trinder (Conference Chair)
(liz.trinder@uea.ac.uk) (00 44 1603 593388) or
Nicky Skivington (Conference Coordinator)
(n.skivington@uea.ac.uk)
(00 44 1603 593388)
The Centre for Research on the Child and Family at the
University of East Anglia is organising ICCD 2006.
We are grateful to The Nuffield Foundation for its
generous financial support of this conference.
Sarah H. Ramsey & Robert F. Kelly, “Social Science
Knowledge in Family Law Cases: Judicial Gate-keeping
in the Daubert Era,” 59 University of Miami Law
Review 1 (2004).
Sarah Ramsey, “Fixing Foster Care or Reducing Child
Poverty: the Pew Commission Recommendations and
the Transracial Adoption Debate,” 66 Montana Law
Review 21 (2005).
2. Before/Creation of Spousal or Quasi-Spousal
Relations
Brian H. Bix, “State Interests in Marriage, Interstate
Recognition, and Choice of Law,” 38 Creighton Law
Review 337 (2005).
June Carbone and Naomi Cahn, “The Biological Basis
of Commitment: Does One Size Fit All?,” 25 Women’s
Rights Law Reporter 223 (2005).
William C. Duncan, “Goodridge and the Rule of Law:
Same-sex Marriage in Massachusetts: The Meanings
and Implications of Goodridge v. Department of Public
Health,” 14 Boston University
Public Interest Law Journal 42 (2004).
William C. Duncan, “Revisiting State Marriage
Recognition Provisions,” 38 Creighton Law Review
233 (2005).
William C. Duncan, “Legislative Deference & the
Novelty of Same-sex Marriage”, 16 Stanford Law &
Policy Review 73 (2005).
RECENT PUBLICATIONS OF NOTE BY ISFL MEMBERS:
(Compiled by Associate Editor Laurence C. Nolan,
Professor of Law, Howard University School of Law,
2900 Van Ness St., N.W., Washington, D.C. 20008, tel.
(202)806-8064, fax - 8428 lnolan@law.howard.edu)
1.
Marvis MacLean & John Eekelaar, “The Significance
of Marriage: Contrasts Between White British and
Ethnic Minority Groups in England”, 27 Law & Policy
379 (2005).
Family Law in General: History; Theories;
Overviews
Allen M. Parkman, “The Contractual Alternative to
Marriage,” 32 Northern Kentucky Law Review 125
(2005).
Margaret F. Brinig, “Some Concerns About Applying
Economics to Family Law,” in Feminism Confronts
Homo Economicus: Gender, La and Society 450-67
(Fineman and Dougherty, eds., Cornell University
Press, 2005)
Mark P. Strasser, “‘Defending’ Marriage in Light of the
Moreno-Cleburne-Romer-Lawrence Jurisprudence:
Why DOMA Cannot Pass Muster After Lawrence,” 38
Creighton Law Review 421 (2005).
Robert E. Rains, “Legal Recognition of Gender Change
for Transsexual Persons in the United Kingdom: The
Human Rights Act 1998 and ‘Compatibility’ with
8
Lynn D. Wardle, “Non-recognition of Same-sex
Marriage Judgments Under DOMA and the
Constitution,” 38 Creighton Law Review 365 (2005).
6. Termination/Post-Relations of Spouses & QuasiSpouses
Margaret F. Brinig, “Unhappy Contracts: The Case of
Divorce,” 1 Review of Law and Economics 241 (2005),
at http://www.bepress.com/rle/.
Lynn D. Wardle, “Goodridge and the ‘Justiciary’ of
Massachusetts,” 14 Boston University Public Interest
Law Journal 57 (2004).
Miquel Martin Casals, “Divorce Mediation in Europe:
An Introductory Outline,” in Electronic Journal of
Comparative
Law,
Vol.
9.2
(2005)
at
http://www.ejcl.org/92/issue92.htlm.
3. Before/Creation of Parent-Child or Similar
Relations
William C. Duncan, “Choice and Kinship in
Contemporary Family Law,” 4 Whittier Journal of
Child and Family Advocacy 233 (2005).
Margaret M. Mahoney, “Debts, Divorce, and Disarray
in Bankruptcy,” 73 University of Missouri at Kansas
City Law Review 83 (2004).
Laurence C. Nolan, “Preventing Fatherlessness
Through Adoption While Protecting the Parental Rights
of Unwed Fathers: How Effective Are Paternity
Registries?,” 4 Whittier Journal of Child and Family
Advocacy 289 (2005).
7. Termination/Post-Relations of Parents and
Children
Peter McEleavy, “The New Child Abduction Regime in
the European Community: Symbiolic Relationship or
Forced Partnership,” 2005 Journal of Private
International Law 5-34.
Elizabeth J. Samuels, “Time to Decide? The Laws
Governing Mothers' Consents to the Adoption of Their
Newborn Infants,” 72 Tennessee Law Review 509
(2005).
Other Publications Notes:
Marie-Thérèse Meulders sent a list of her recent
publications, none of which have been included in the
earlier listings. These include:
Mark Strasser, “Rebellion in the Eleventh Circuit: On
Lawrence, Lofton, and the Best Interests of Children,”
40 Tulsa Law Review 421 (2005).
2000 Biomédecine, Famille et droits de l’Homme –
Une même éthique pour tous ? Revue Trimestrielle des
Droits de ’Homme, 2000, p.429-452
Lynn D. Wardle, “Parentlessness: Adoption Problems,
Paradigms, Policies, and Parameters,” 4 Whittier
Journal of Child and Family Advocacy 323 (2005).
2001 La place du Père dans l’ordre symbolique des
lois : L’Un ET L’Autre ? ou L’Un EST L’Autre ?
Revue La Pensée, n° 327, 2001, p.31-46
4. Spousal Relations in the Ongoing Family or
Similar Relations
Marsha Garrison, “Is Consent Necessary? An
Evaluation of the Emerging Law of Cohabitant
Obligation,” 52 University of California at Los Angeles
Law Review 815 (2005).
2002 Biomedicine, the Family and Human Rights (dir
M.T.Meulders-Klein & R.Deech) Kluwer Law
International – Proceedings of the International
Conference of the International Society of Family
Law, Oxford, 1999.
5. Parent-Child Relations in the Ongoing Family or
Similar Relations
Ralph C. Brashier, “Consanguinity, Sibling
Relationships, and the Default Rules of Inheritance
Law: Reshaping Half-Blood Statutes to Reflect the
Evolving Family,” 58 Southern Methodist University
Law Review 137 (2005).
2003 Towards a European Civil Code on Family
Law ? Ends and means, in Perspectives for the
Unification and Harmonisation of Family Law in
Europe, Dir . K.Boele-Woelki – Intersentia,2003,
p.105-116.
Nancy D. Polikoff, “Lesbian and Gay Parenting: the
Last Thirty Years,” 66 Montana Law Review 51(2005).
Egalité et non discrimination en droit de la Famille :
Le Rôle des Juges in Revue Trimestrielle des Droits de
l’Homme, 2003, p.1185-1202 et Mélanges « Claire
9
L’Heureux-Dubé à la Cour Suprême du Canada, 19872002 », Wilson-Lafleur, Québec, 2004, p.177-190.
l’IDEDH de Montpellier, 2004, Rapport de synthèse et
conclusions, Bruylant, Bruxelles, 2005, Coll. Droit et
Justice, p.305-333.
L’enfant et les relations familiales internationales :
Enfant sujet ? Enfant-objet ?
In L’enfant et les relations familiales internationales ,
Dir. J.L RENCHON, Coll. Famille & Droit, Bruylant,
Bruxelles, 2003, p.402-411.
NOTE: The Newsletter will publish notices of recent
publications dealing with family law topics if the
following informationCName of author, title of article
or chapter, title of book or journal in which it is
published, the volume and pages, the year of
publication (and if the title of the article, chapter and/or
book or journal is not in English a translation of the
same into English - so that the entry can be placed in
the appropriate category)Cis sent to Prof. Laurence C.
Nolan, Howard University School of Law, 2900 Van
Ness Street, N.W., Washington, DC 20008; 202-8068428 (fax); lnolan@law.howard.edu (e-mail).
2004 Family Law, Human Rights and Judicial Review
in Europe, in Family Life and Human Rights, dir.
P.LODRUP and E.MODVAR, Keynote speech,
Rapport introductif - 11th World Conference of the
International Society of Family Law, 1lème Congrès
mondial de l’Association internationale de Droit de la
Famille, Oslo, 2002, p.476-493.
Types and Styles of Family Proceedings in Civil Law
Countries – Les procédures familiales en pays de Civil
Law. General Report at the XIIth World Conference of
the International Society of Procedural Law Rapport général au XIIe Congrès mondial de
l’Association Internationale de Droit Judiciaire,
Mexico, 22-26 Septembre 2003, European Review of
Private Law, 4-2004, p. 421-470 (en langue française).
PERSONAL NOTICES:
Ruth Deech, member of the Executive Council, has
been appointed to the House of Lords of the United
Kingdom, as a Baroness.
La place des accords dans le règlement des conflits
familiaux : Du Jugement au Contrat in :Mélanges
Jacques Van Compernolle, Bruylant, Bruxelles, 2004,
p.409-439.
Sanford Katz will be a Visiting Fellow at Pembroke
College, Oxford during the Trinity Term 2006.
Marie-Thérèse Meulders was recently elected as Titular
member (i.e. Full member) of the International
Academy of Comparative Law (there are only 80 for the
whole world). She was also granted a prize by the
French Academy for Political and Moral Sciences of
the Institut de France in Paris, for her book : "La
Personne, la Famille et le Droit : 1968-1998, Trois
Décennies de Mutations en Occident" (The Person, the
Family and the Law - Three decades of Mutations in the
Western World - Comparative Law), published by
Bruylant, Brussels, Rue de la Régence, 67 (Belgium) ISBN Bruylant 2-8027-1177-6.
Le Statut juridique de l’enfant dans l’ Espace
européen : Du juridique au politique in Le Statut
juridique de l’enfant européen , (dir. D.GADBIN et F.
KERNALEGUEN), Bruylant, Bruxelles, 2004,
Introduction, p. XI-XIX.
Regards sur les enlèvements d’enfants à travers les
frontières. Conclusions.in Les enlèvements d’enfants à
travers les frontières (dir. H.FULCHIRON, Centre de
Droit de la Famille, Université de Lyon III), Bruylant,
Bruxelles, 2004, p.391-397).
Petar Sarcevic by Peter Lodrup:
2005 Père, paternité et nom patronymique à l’épreuve
des lois. In: Fonctions paternelles et choix du
patronyme (dir. R.STEICHEN), Academia, Bruylant,
Coll. Famille, Couple, Sexualité, 2005, p.119-132.
Dear Colleagues and friends.
Less than a month ago, we learned of the death of
Petar Sarcevic, one of the most distinguished and
appreciated members of our Society and of this
Council. He was only 64 years old when he had to give
up his courageous battle with pancreatic cancer.
With his death, an outstanding career in the service
L’ irrésistible ascension de la « vie privée » au sein des
droits de l’homme. in Le droit au respect de la vie
privée au sens de la Convention européenne des droits
de l’homme, (dir.F.SUDRE), Actes du Colloque de
10
of his country and the international legal and political
society has come to an end. He chose after a few years
as a practising lawyer an academic life and served s
Dean of the Law faculty in Rijeka for sveral years.
He was Croatia's first Ambassador to the United
States and represented his country for one session in the
United Nations. Later he became ambassador to the
Swiss Federation and Liechtenstein, before he decided
to return to academic life - where I think was where he
really belonged and where he felt at home. He was, in
Bill Duncan's words a loyal friend of The Hague
Conference and took an active part in Special
Commissions including those leading to the adoption of
The Hague Convention of 1996 on International Child
Protection. He was also a member of the International
Law Association's Family Law Committee, where he
worked on the problems of Transfrontier Parent/Child
Contact. He had obvious talents in combining the
academic approach with practical legal reforms.
In this forum, it is Petar's work for our Society that
should be given special mention. He served as a
member of this Council for almost 25 years, and was
our President during the years 1997-2000. He led us
with a common sense leadership and good humour, two
of his trademarks, and he encouraged and developed
membership growth in and contact with Eastern Europe.
Those of us who took part in the world conference
convened by Petar in Opatija in 1991, will never forget
it. The war on the Balkans was about to break out, but
Petar's determination to go on with the conference was
courageous. He gave us one of the best conferences
ever. It deserves our deepest respect. He also played an
active part in organising two regional conferences, in
Prague in June 1998 - the first in that region of the
world - and the year after in Bath, with "Biomedicine,
the Family and Human Rights" as the theme.
These glimpses of Petar's work provides us with
the picture of a man with exceptional personal qualities.
In Marie-Thérèse's words, "A well-balanced approach
to Human Rights and fundamental values and the search
for peace and justice were the perpetual concerns to
which he devoted his life with unfailing generosity and
wisdom."
With Petar's death, we have also lost a good
personal friend. My wife and I had the privilege to tour
a week with Petar and his wife Susan in South Africa
after the Durban conference - a week which will be
remembered as one of the highlights of our lives. We
learned to know his kindness, his intelligence, and his
warm personality.
donations to his non-profit fund for talented Croatian
students from Vojvodina, his home district. The Society
has sent a donation of 200 Euros to this fund, in deep
appreciation for what Petar has meant to the Society
and to each of us.
Petar is going to be deeply missed. We will
remember him with fondness. He was a person who had
all the qualities we cherish and respects. Let his
memory be an inspiration to us all.
In lieu of flowers, the family has requested
11